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" Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to... "
Rules of Practice and Procedure in Proceedings Under the Shipping Act, 1916 ... - Page 584
by United States. Federal Maritime Commission - 1975 - 50 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. '4 If only part of a deposition is offered in evidence by...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volume 358

United States. Interstate Commerce Commission - 1978 - 990 pages
...offering the deposition; or (iii) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (iv) that the party...importance of presenting the testimony of witnesses orally at public hearing, to allow the deposition to be used. (4) If only part of a deposition is offered...
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Official Gazette, Volume 98, Issues 40-43

Philippines - 2002 - 628 pages
...the witness by subpoena; (5) upon application and notice, that such exceptional circumstances exists as to make it desirable, in the interest of justice...presenting the testimony of witnesses orally in open court, to allow the deposition to be used; Jurisprudence and the law have established that the above-mentioned...
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Congressional Serial Set, Issue 10250

1938 - 152 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 83

United States. Customs Court - 1979 - 334 pages
...that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (iv) that the party offering the deposition has been...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. ******* (b) Objections to Admissibilit y : Subject to the...
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Rules of Civil Procedure for the District Courts of the United States with ...

United States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure - 1939 - 364 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence...
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The Code of Federal Regulations of the United States of America ..., Book 2

1943 - 1346 pages
...application and notice that such exceptional circumstances exist as to make it desirable, in the interests of justice and with due regard to the importance of presenting the testimony orally before the examiner, to allow the deposition to be used. If any part of a deposition is put...
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The Code of Federal Regulations of the United States of America ..., Book 1

1942 - 1236 pages
...application and notice that such exceptional circumstances exist as to make it desirable, in the interests of justice and with due regard to the importance of presenting the testimony orally before the examiner, to allow the deposition to be used. If any part of a deposition is put...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...excepRule 33 Page 6219 TITLE 28. APPENDIX.— JUDICIARY AND JUDICIAL PROCEDURE tional circumstances exist as to make It desirable, in the Interest of justice...importance of presenting the testimony of witnesses orally and in open court, to allow the deposition to be used. (d> Effect of using deposition. — The introduction...
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United States Code, Volume 4

United States - 1982 - 1226 pages
...witness by subpoena; or (E) upon application and notice, that such exceptional circumstances exists as to make it desirable, in the interest of justice and with due regard to the importance of present1 As provided In 28 USC i 2641(a), the Federal Rules of Evidence apply to all actions in this...
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