Article 39

The Court may, on the application of any party, make an order for the examination on oath of any witness before such examiner as the Court may direct, and may give such directions as the Court may think fit as to the taking and recording of such evidence and its reception at the final hearing, and at the examination of the witness the same practice shall be followed as on the examination of a witness before an examiner of the Supreme Court or, in proceedings in Scotland, before a commissioner appointed by the Court of Session to take evidence.