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" ... has been unable to procure the attendance of the witness by subpoena; or 5, 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... "
United States Customs Court Reports: Cases Adjudged in the United States ... - Page 275
by United States. Customs Court - 1979
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volume 358

United States. Interstate Commerce Commission - 1978 - 990 pages
...the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (iv) that the party offering the deposition has been...unable to procure the attendance of the witness by subpena; or (v) upon application and notice, that such exceptional circumstances exist as to make it...
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Official Gazette, Volume 98, Issues 40-43

Philippines - 2002 - 628 pages
...witness is unable to attend or testify because of age. sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; (5) upon application and notice, that such exceptional circumstances exists as to make it desirable,...
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Crime, Kidnaping and Prison Laws...

United States - 1935 - 988 pages
...refuses in the trial or hearing to testify concerning the subject of the deposition or part offered; or that the party offering the deposition has been unable to procure the attendance of the witness by subpena. Any deposition may also be used by any party for the purpose of contradicting or impeaching...
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Congressional Serial Set, Issue 10250

1938 - 152 pages
...witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,...
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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
...witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...that the witness is unable to testify because of age, sickness, infirmity, or imprisonment, or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpena, or (5) upon application and notice, that such excepRule 33 Page 6219 TITLE 28. APPENDIX.—...
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Rules of Criminal Procedure for the District Courts of the United States

United States. District Courts, United States. Supreme Court - 1944 - 100 pages
...deposition ; or that the witness is unable to attend or testify because of sickness or infirmity; or that the party offering the deposition has been unable...procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 327

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1947 - 988 pages
...deposition; or that the witness is unable to attend or testify because of sickness or infirmity; or that the party offering the deposition has been unable...procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 327

United States. Supreme Court - 1947 - 1212 pages
...deposition; or that the witness is unable to attend or testify because of sickness or infirmity; or that the party offering the deposition has been unable...procure the attendance of the witness by subpoena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony...
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