64-108. Summons; issuance, when authorized.

Every notary public, when notice by a party to any civil suit pending in any court of this state upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with him or her, or when a special commission issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him or her, is empowered to issue summons and command the presence before him or her of witnesses. All sheriffs and constables in this state are required to serve and return all process issued by notaries public in the taking of testimony of witnesses by commission or deposition.

Source:Laws 1869, § 7, p. 23; G.S.1873, p. 495; R.S.1913, § 5523; C.S.1922, § 4819; C.S.1929, § 64-107; R.S.1943, § 64-108; Laws 2005, LB 348, § 18.