[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.60]

[Page 387-388]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.60  Examination procedures.

    (a) Explaining interrogatory to witness. If the witness does not 
understand what an interrogatory means, the notarizing officer should 
explain it to him, if possible, but only so as to get an answer strictly 
responsive to the interrogatory.
    (b) Refreshing memory by reference to written records. A witness may 
be permitted to refresh his memory by referring to notes, papers or 
other documents. The notarizing officer should have such occurrence 
noted in the record of the testimony together with a statement of his 
opinion as to whether the witness was using the notes, papers or other 
documents to refresh his memory or for the sake of testifying to matters 
not then of his personal knowledge.
    (c) Conferring with counsel. When the witness confers with counsel 
before answering any interrogatory, the notarizing officer should have 
that fact noted in the record of the testimony.
    (d) Examining witness as to personal knowledge. The notarizing 
officer may at any time during the examination of a witness propound 
such inquiries as may be necessary to satisfy himself whether the 
witness is testifying from his personal knowledge of the subject matter 
of the examination.

[[Page 388]]

    (e) Witness not to leave officer's presence. The notarizing officer 
should request the witness not to leave his presence during the 
examination, except during the recesses for meals, rest, etc., 
authorized in Sec. 92.56 (g). Failure of the witness to comply with 
this request must be noted in the record.

[22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51723, Oct. 3, 1995]