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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. "
The Code of Federal Regulations of the United States of America - Page 155
1995
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - Courts - 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 - Gazettes - 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

Civil procedure - 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 - Customs administration - 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 - 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 - Law - 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 - Indians of North America - 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 ...

Administrative law - 1994 - 742 pages
...witness, whether or not a party, may be used by any party for any purpose, provided the witness is made available for cross-examination. In all cases, the...presenting the testimony of witnesses orally in open he r, to allow the deposition to be us~ (4) If only part o' ieposition is offered in evidence bj arty,...
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The Code of Federal Regulations of the United States of America

Administrative law - 2003 - 938 pages
...by any party for any purpose if the presiding officer finds: (i) That the witness is dead; or (ii) that the witness is out of the United States, unless...deposition to be used. (4) If only part of a deposition is 6 1 fered in evidence by a party, anadrcral party may require him to introfe- :| of it which is relevant...
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Code of Federal Regulations: Containing a Codification of Documents of ...

Administrative law - 1974 - 1078 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...of a deposition Is offered In evidence by a party, any other party may require him to introduce all of It which is relevant to the part introduced, and...
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