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" ... 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 be used. "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 81
1987
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. '4 If only part of a deposition is offered in evidence by...
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Official Gazette, Volume 98, Issues 40-43

Philippines - 2002 - 628 pages
...the witness by subpoena; (5) upon application and notice, that such exceptional circumstances exists as to make it desirable, in the interest of justice...presenting the testimony of witnesses orally in open court, to allow the deposition to be used; Jurisprudence and the law have established that the above-mentioned...
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Congressional Serial Set, Issue 10250

1938 - 152 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 83

United States. Customs Court - 1979 - 334 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v) upon application and notice, that such exceptional...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
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional...presenting the testimony of witnesses orally in open court, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...excepRule 33 Page 6219 TITLE 28. APPENDIX.— JUDICIARY AND JUDICIAL PROCEDURE tional circumstances exist as to make It desirable, in the Interest of justice...importance of presenting the testimony of witnesses orally and in open court, to allow the deposition to be used. (d> Effect of using deposition. — The introduction...
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General Rules of Procedure Promulgated July 4, 1947

United States. Indian Claims Commission - 1947 - 40 pages
...offeringthe deposition has been unable to procure the attendance of the witness by subpoena; or (v) upon application and notice, that such exceptional...open hearing, to allow the deposition to be used. (3) If only a part of a deposition is offered in evidence by a party, an adverse party may require...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1975 - 322 pages
...party offering the deposition has been unable to procure the attendance of the witness because he ii dead; or if the witness is at a greater distance than...remainder becomes subject to introduction by any party. (o) Objection may be made at the hearing to receiving in evidence any deposition or part thereof for...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1990 - 1084 pages
...deposition of any witness may be used for any purpose if the witness is dead; or if the witness is at greater distance than 100 miles from the place of...regard to the importance of presenting the testimony of witness orally in open hearing, to allow the deposition to be used. (b) If only part of a deposition...
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The Code of Federal Regulations of the United States of America

1997 - 352 pages
...offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v) Upon application and notice, that such exceptional...open hearing, to allow the deposition to be used. (4) If only part of a deposition is offered in evidence by a party, any other party may require introduction...
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