tions. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim.

(d) Submission to Witness, Changes, Signing: When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 35 (e), the Court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

(e) Exhibits: All exhibits shall be numbered and carefully marked with the title and number of the case, and by which side offered, so as to be capable of immediate identification. The exhibits shall accompany the deposition but shall not be affixed to the deposition.

(f) Certification and Filing by Officer; Notice of Filing: (1) The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert name of witness)" and shall promptly file it with the Clerk or send it by registered mail to the Clerk for filing. (2) The Clerk shall give notice of the filing of the deposition to the parties.

RULE 34. DEPOSITIONS OF WITNESSES UPON WRITTEN

INTERROGATORIES

(a) Notice, Filing, and Serving Interrogatories: A party desiring to take the deposition of any person upon written interrogatories pursuant to leave obtained under Rule 30 (a) shall file them with the Clerk together with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within 15 days thereafter an adverse party may file cross-interrogatories. Within 10 days thereafter redirect interrogatories may be filed. Within 10 days thereafter recross-interrogatories may be filed. At the time of filing the notice and of each of the interrogatories referred to above, the party filing the same shall furnish the Clerk one additional copy thereof for each adverse party. Service of such copies shall be made as provided in Rule 3.

(b) Officer to Take Responses and Prepare Record: A copy of the notice and copies of all interrogatories shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 33 (c), (d), (e), and (f), to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file the deposition with the Clerk or send it by registered mail to the Clerk attaching thereto the copy of the notice and the interrogatories received by him.

(c) Notice of Filing: When the deposition is filed with the Clerk, he shall give notice thereof to the parties.

(d) Orders for the Protection of Parties and Deponents: After the service of interrogatories and prior to the taking of the testimony of the deponent, the Commissioner, on motion promptly made by a party or a deponent, upon notice and good cause shown, may make any order specified in Rule 33 which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. Any such order made by

the Commissioner shall be in writing and a signed copy thereof shall be filed in the Clerk's office. In any case not then referred to a Commissioner, the Court may make the orders provided for in this subdivision (d). The Clerk shall mail a copy of such order to each of the parties.

RULE 35. EFFECT OF ERRORS AND IRREGULARITIES IN

DEPOSITIONS

(a) As to Notice: All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly filed with the Clerk after service of the notice.

(b) As to Disqualification of Officer: Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

(c) As to Taking of Deposition: (1) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

(2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.

(3) Objections to the form of written interrogatories submitted under Rule 34 are waived unless filed with the Clerk within the time allowed for filing the succeeding cross or other interrogatories and within 5 days after filing of the last interrogatories authorized.

(d) Service of Objections: At the time of filing the objections referred to in subdivisions (a) and (c) (3) of this rule, the party

filing the same shall furnish the Clerk with one additional copy thereof for each adverse party. Service of such copies shall be made as provided in Rule 3.

(e) As to Completion and Return of Deposition: Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 33 and 34 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

RULE 36. FEES OF OFFICER TAKING DEPOSITION

The party at whose instance the deposition is taken shall be responsible for the payment of the officer's fee for taking, typewriting, and returning the deposition to the Clerk of the Court. Such fees shall not be taxed as costs in any case, but the failure to make payment of the officer's fees may be deemed by the Court or Commissioner sufficient grounds for refusing to receive the deposition or any part thereof in evidence.

V. TRIALS

RULE 37. REFERENCE; AUTHORITY OF COMMISSIONERS

(a) General: Unless otherwise ordered by the Court, every case shall be referred to a Commissioner for trial of the facts pursuant to statute and to these rules. A Commissioner shall have and exercise the power to regulate all proceedings before him and to do all acts and to take all measures necessary or proper for the efficient performance of his duties. He may require the production before him of evidence upon all pertinent matters, including the production of all books, papers, vouchers, drawings, writings, or documents of any nature applicable thereto. He shall rule upon the admissibility of evidence and put witnesses under oath and may examine them and may call the parties to the action and examine them upon oath, and shall have the power to do and perform any act authorized to be done by him by statute or under these rules or which may be necessary or proper to their performance. Any misconduct by attorneys, witnesses, parties, or other persons, at any trial before a Commissioner may be reported by him to the Court and may be deemed a contempt of the Court.

(b) Testimony Before Another Commissioner: Where a case has been referred to one Commissioner and oral testimony has been heard by him, the case shall not, except for good cause, be referred to another Commissioner.

If a Commissioner to whom a case has been referred and who has heard oral testimony therein is unavailable at a time when either party desires to offer evidence in the case, another Commissioner may hear such evidence.

(c) Procedure Not Covered by Rules: In the event that a question of procedure arises at a trial which is not covered by a rule or the order of reference, the Commissioner may exercise his