 | United States. Supreme Court - Courts - 1940 - 894 pages
...2, 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...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;... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 1978 - 990 pages
...dead; or (ii) that the witness is at a greater distance than 100 miles from the place of hearing, or is out of the United States, unless it appears that...imprisonment; or (iv) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v) upon application... | |
 | United States - Criminal law - 1935 - 988 pages
...be used oonditions for if it appears: That the witness is dead; or that the witness is out of use. the United States, unless it appears that the absence...procured by the party offering the deposition; or that the witness is unable to attend or testify because of sickness or infirmity; or that the witness... | |
 | Civil procedure - 1938 - 152 pages
...2, 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...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;... | |
 | United States - Law - 1971 - 1384 pages
...(B) 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...procured by the party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment;... | |
 | United States - Law - 1988 - 1120 pages
...subpoena to the witness or to set a trial in closer proximity to the place of residence of the witness, or plication of law to fact, but the court (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment;... | |
 | United States. District Courts, United States. Supreme Court - Court rules - 1944 - 100 pages
...otherwise admissible under the rules of evidence, may be used if it appears: That the witness is dead; or that the witness is out of the United States, unless...procured by the party offering the deposition ; or that the witness is unable to attend or testify because of sickness or infirmity; or that the party... | |
 | United States. Indian Claims Commission - Indians of North America - 1947 - 40 pages
...not a party, may be used by any party for any purpose if the Commission, Commissioner, or examiner finds: (i) that the witness is dead; or (ii) that...; or (iii) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (iv) that the party offeringthe deposition... | |
| |
... is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or... 
