(1) If the examiner is a judge or a
magistrate, the examiner may, on the application of a party, examine a person
who is not named or provided for in the examination order.
(2) If the
examiner is not a judge or a magistrate, the examiner may, with the written
consent of every other party to the proceeding, examine a person not named or
provided for in the examination order.
(3) The examiner must attach the
consent to the deposition under rule 402of a person examined under subrule
(2) .
