(755 ILCS 5/6-5) (from Ch. 110 1/2, par. 6-5)
Sec. 6-5. Deposition of witness. When a witness to a will or other party who shall testify to have a will admitted to probate resides outside
the county in which the will is offered for probate or is
unable to attend court and can be found and is mentally and physically capable
of testifying, the court, upon the petition of any person seeking probate
of the will and upon such notice of the petition to persons interested as
the court directs, may issue a commission with the will or a photographic
copy thereof attached. The commission shall be directed to any judge, notary
public, mayor or other chief magistrate of a city or United States consul,
vice-consul, consular agent, secretary of legation or commissioned officer
in active service of the armed forces of the United States and shall authorize
and require the authorized person to cause that witness or other party to come before the authorized person at such time and
place as the authorized person designates and to take the deposition of the witness or other party on oath
or affirmation and upon all such written interrogatories
and cross-interrogatories as may be enclosed with the commission. With
the least possible delay the person taking the deposition shall certify
it, the commission, and the interrogatories to the court from which the
commission issued. When the deposition of a witness or other party is so taken and returned
to the court, the testimony of the witness or other party has the same effect as if the witness or other party testified in the
court from which the commission issued. When the commission is issued to
the officer by official title only and not by name, the seal of the
office attached to the officer's certificate is sufficient evidence of the officer's identity
and official character.
(Source: P.A. 102-167, eff. 7-26-21.)
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