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" ... finds that the evidence is otherwise admissible and (1) that the witness is dead; or (2) that the witness is at a distance greater than 100 miles from the place of hearing, unless it appears that the absence of the witness was procured by the party... "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 145
1963
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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

1946 - 944 pages
...accordance with the provisions of this section may be used in a proceeding under the act if the examiner finds that the evidence is otherwise admissible and...endeavored to procure the attendance of the witness by subpoena, but has been unable to do so; or (5) that such exceptional circumstances exist as to make...
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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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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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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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Code of Federal Regulations: 1949-1984

1963 - 366 pages
...the deposition, together with two copies thereof, in an envelope and mall the same by registered mall to the hearing clerk. (g) Use of depositions. A deposition...exist as to make it desirable, in the interests of Justice, to allow the deposition to be used. If a deposition has been taken, and the party upon whose...
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The Code of Federal Regulations of the United States of America

1965 - 384 pages
...mail the same by registered mail to the hearing clerk. (g) Use of depositions. A deposition ordered and taken in accord with the provisions of this section...exist as to make it desirable, in the interests of Justice, to allow the deposition to be used. If a deposition has been taken, and the party upon whose...
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