[Previous] [Next]
§58-44.
§58-44.
The testimony of any witness or witnesses admitted at a hearing on a
petition to probate a will shall be recorded in one of the following
methods:
(a) filing with the court clerk a written summary of the testimony,
subscribed and sworn to by each witness in the presence of a judge
having jurisdiction of probate matters; or
(b) having the testimony taken down verbatim in shorthand, stenotype,
or any other method approved by the court; or
(c) having the testimony recorded verbatim by a sound recorder
approved by the court; or
(d) having the testimony recorded verbatim by an official court
reporter.
If the testimony is recorded by one of the methods described in
subdivisions (b) or (c), the same shall be transcribed, subscribed and
sworn to by each witness, and filed with the court clerk. If the
testimony is recorded by the method described in subdivision (d), the
same shall be transcribed and certified by the official court reporter
who took the testimony, and filed with the clerk of the court. Such
evidence shall be admissible in any subsequent proceedings concerning
the validity of the will, or the sufficiency of the proof if the
subscribing witness is dead, or has permanently left this state.
[Previous] [Next]