§ 3064

Sworn disclosure; general denial; examination; discharge When an alleged trustee serves his or her written disclosure under oath declaring that he or she had not at the time of the service of the summons, nor has since had in his or her hands or possession any goods, effects, or credits of the defendant, and submits himself or herself thereupon to examination upon oath, he or she shall be discharged if the plaintiff should decline to examine him or her, or if his or her disclosure appears to be true upon examination and further proceedings. If the plaintiff examines the alleged trustee thereon, he or she shall propose interrogatories in writing, which shall be answered in writing, signed by the trustee, and sworn to by him or her in open court or before a person authorized by law to administer oaths. (Amended 1971, No. 185 (Adj. Sess.), § 80, eff. March 29, 1972.)