How, if Commission Not Issued

If a commission has not been issued, and it appears to the judge, by affidavit satisfactory to him: 1. That the testimony of the witness is material to either party, and that the witness resides in Guam; 2. That a commission to take the testimony of such witness has not been issued; and 3. That, according to the law of the place where the action or special proceeding is pending, the deposition of a witness taken under such circumstances, and before such judge, will be received in the action or proceeding then he must issue his subpoena requiring the witness to appear and testify before him at a specified time and place.