398. After defence filed, any party may, after two days’ notice to the attorneys of the other parties, summon to be examined before the judge or clerk upon all facts relating to the issues between the parties or to give communication and allow copy to be made of any document relating to the issue:
(1) any other party, or his representative, agent or employee;
(2) any person mentioned in paragraphs 2 and 3 of article 397;
(3) with the permission of the court and on such conditions as it may determine, any other person.
The defendant cannot, however, without permission of the judge or, in the case referred to in subparagraph 3 of the first paragraph, the court, examine under this article any person whom he has already examined under article 397.
1965 (1st sess.), c. 80, a. 398; 1983, c. 28, s. 13; 1984, c. 26, s. 14; 1992, c. 57, s. 420; 1999, c. 40, s. 56; 2002, c. 7, s. 77.