Title 53, Chapter 5, Section 23
( 53-5-23)
(a) In all proceedings for the probate of a will in common form or
solemn form, witnesses to the will may be examined in person or by
written interrogatories which shall be answered in writing and under
oath before a notary public or by depositions or other discovery
procedures under the same circumstances as other civil cases. The
probate court shall have the power to compel the attendance of
witnesses in the same manner as the superior court. (b) Where witnesses are to be examined as authorized by this Code
section, a photocopy of the will may be exhibited to the witnesses
in lieu of the original will. The testimony of a witness to whom a
photocopy of a will has been exhibited shall be given the same
weight as though the original will had been exhibited to the
witness. (c) The provisions of this Code section shall not be construed as
repealing any other statutory provision prescribing a method or
procedure for the taking of testimony by interrogatories or
depositions, but as supplementary of such other provisions and
cumulative to such other provisions and as providing additional
means or methods of taking the testimony of subscribing witnesses to
a will in proceedings for the probate of the will. The taking or
procuring of testimony in the manner prescribed by this Code section
shall be sufficient for all purposes of the probate proceedings,
notwithstanding any other statute. |