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" ... hearing, unless 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 Code of Federal Regulations of the United States of America - Page 47
1968
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...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...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,...
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Official Gazette, Volume 98, Issues 40-43

Philippines - 2002 - 628 pages
...the place of trial of hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering the deposition; or...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,...
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Congressional Serial Set, Issue 10250

1938 - 152 pages
...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...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,...
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The Code of Federal Regulations of the United States of America ..., Book 1

1942 - 1236 pages
...otherwise admissible and (1) that the witness is dead; or (2) that the witness is at a greater distance than 100 miles from the place of hearing, unless it...that the party offering the deposition has endeavored but has been unable to procure the attendance of the witness by subpena; or, (5) in any event, upon...
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The Code of Federal Regulations of the United States of America ..., Book 2

1943 - 1346 pages
...otherwise admissible and (1) that the witness is dead; or (2) that the witness is at a greater distance than 100 miles from the place of hearing, unless it...that the party offering the deposition has endeavored but has been unable to procure the attendance of the witness by subpena; or (5) , in any event, upon...
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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
...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...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,...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...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...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,...
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The Code of Federal Regulations of the United States of America

1964 - 356 pages
...with the provisions of this section may be used in a proceeding under the act if the presiding officer finds that the evidence is otherwise admissible and...endeavored to procure the attendance of the witness by subpena but has been unable to do so; or (5) that such exceptional circumstances exist as to make it...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1983 - 1292 pages
...in accord with the provisions of this section may be used in a proceeding under the act if the judge finds that the evidence is otherwise admissible and...endeavored to procure the attendance of the witness by subpena but has been unable to do so; or (5) that such exceptional circumstances exist as to make it...
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The Code of Federal Regulations of the United States of America

1993 - 604 pages
...accordance with the provisions of this section may be used in a proceeding under the Act if the Judge finds that the evidence is otherwise admissible and...endeavored to procure the attendance of the witness, but has been unable to do so; or (5) that such exceptional circumstances exist as to make it desirable,...
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