Special Examiner

An examiner in chancery appointed to take evidence in a particular suit.

An examiner appointed by a court of equity in a particular case. See Examiners in Chancery. Any fit person may be a special examiner. The taking of testimony by a special examiner is conducted in the same manner as before a standing examiner in chancery. The examination should take place in the presence of the parties and their attorneys; the testimony is, under the English chancery practice, taken in the narrative form, and the examiner may take down the questions and answers if he thinks fit; he cannot pass upon the materiality or relevancy of any question. When there is an objection, it should be noted, and the examiner will state his opinion thereon to the attorney and refer to it in the depositions. The depositions should not be prepared beforehand; Hickok v. Bank, 35 Vt. 476. Formerly it was considered that the whole of the deposition should be written down by the examiner, with his own hand; 1 Dan. Ch. Pr, *906; but such is not now the usual practice. An examiner is a ministerial officer and has no power to lay down rules as to the most convenient time of taking examinations; L. R. 16 Eq. 102. He may exclude the public from the hearings; 1 Dan. Ch. Pr. *906. Subpoenas may issue to bring witnesses before him. If an examiner in England sign his deposition, the examiner signs it. See Examiners in Chancery; Depositions.

In English law. Some person, not one of the examiners of the court of chancery, appointed to lake evidence in a particular suit. This may be done when the state of business in the examiner's office is such that it is impossible to obtain an appointment at a conveniently early day, or when the witnesses may be unable to come to London. Hunt E5q. pt. L c. 5, § 2.

Defined under Examiner in Black's Law Dictionary.