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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... "
General Rules of Procedure Promulgated July 4, 1947 - Page 12
by United States. Indian Claims Commission - 1947 - 29 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...or 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 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
...or testify because of age, illness, infirmity, or imprisonment; or (iv) that the party offering the deposition has been unable to procure the attendance...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
...or 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 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
...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
...or 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 subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 83

United States. Customs Court - 1979 - 334 pages
...attend or testify because of age, illness, infirmity, or imprisonment; (iv) that the party offering the deposition has been unable to procure the attendance...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
...or 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 subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,...
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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, 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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