Section 58 Appointment of Commissioner

On making an order granting an application under rule 57 the High Court or the sheriff, as the case may be, shall appoint a commissioner to examine the witness or witnesses to whom the order applies, and a clerk to assist the commissioner in the carrying out of his duties, and shall dispense with interrogatories.

On the court making an order under paragraph (1), the Clerk of Justiciary or the sheriff clerk, as the case may be, shall send the order to either the commissioner or his clerk together with the other relative documents.

On the sending of the relative order and documents to the commissioner or his clerk under paragraph (2), the Clerk of Justiciary or the sheriff clerk, as the case may be, shall note the order and documents sent, to whom they were sent, and the date on which they were sent, on the application, or on the record copy indictment.