(1) Where the examiner is a Judge of the Court or an Associate Judge, the examiner may, on the application of a party to the proceeding, take the examination of any person not named or described in the order for examination.
(2) Where the examiner is not a Judge of the Court or an Associate Judge, the examiner may, with the consent in writing of each party to the proceeding, take the examination of any person not named or described in the order for examination and, if the examiner does so, the examiner shall annex to the deposition of that person the consent of each of the parties.