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" ... that the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or... "
The Code of Federal Regulations of the United States of America - Page 64
2001
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...it appears that the absence of the witness was procured by the party offering the deposition; or 3, that the 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 to procure the attendance of the witness...
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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...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
...Philippines, unless it appears that his absence was procured by the party offering the deposition; or (3) that the 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 to procure the attendance of the witness...
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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
...it appears that the absence of the witness was procured by the party offering the deposition; or 3, that the 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 to procure the attendance of the witness...
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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
...it appears that the absence of the witness was procured by the party offering the deposition; or 3, that the 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 to procure the attendance of the witness...
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The Code of Federal Regulations of the United States of America ..., Book 2

1943 - 1346 pages
...it appears that the absence of the witness was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has endeavored but has been unable to procure the attendance...
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The Code of Federal Regulations of the United States of America ..., Book 1

1942 - 1236 pages
...it appears that the absence of the witness was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has endeavored but has been unable to procure the attendance...
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The Code of Federal Regulations of the United States of America ..., Book 1

1946 - 944 pages
...it appears that the absence of the witness was procured by the party offering the deposition; or (3) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has endeavored to procure the attendance of the witness...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...it appears that the absence of the witness was procured by the party offering the deposition; or 3, that the 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 to procure the attendance of the witness...
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