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" ... 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 deposition... "
The Code of Federal Regulations of the United States of America: Having ... - Page 514
1942
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - Courts - 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 - Gazettes - 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

Civil procedure - 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

Administrative law - 1946 - 944 pages
...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...that the party offering the deposition has endeavored to procure the attendance of the witness by subpoena, but has been unable to do so; or (5) that such...
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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 - 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 - Law - 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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General Rules of Procedure Promulgated July 4, 1947

United States. Indian Claims Commission - Indians of North America - 1947 - 40 pages
...appears that the absence of the witness was procured by the party offering the deposition ; 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 has been unable to procure the attendance of the witness...
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Code of Federal Regulations: Containing a Codification of Documents of ...

Administrative law - 1974 - 790 pages
...of this secĀ§12.18 tion, may be used in a proceeding under the act if the administrative law judge finds that the evidence is otherwise admissible and...age, sickness, infirmity, or Imprisonment; or (4) In any event, upon application and notice that such exceptional circumstances exist as to make it desirable,...
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Code of Federal Regulations: Containing a Codification of Documents of ...

Administrative law - 1965 - 1616 pages
...otherwise admissible ana (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...that the party offering the deposition has endeavored to procure the attendance of the witness by snbpena but has been unable to do so; or (5) that such...
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Code of Federal Regulations: Containing a Codification of Documents of ...

Administrative law - 1972 - 660 pages
...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...that the party offering the deposition has endeavored to procure the attendance of the witness by subpoena, but has been unable to do so; or (5) that such...
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