 | United States. Supreme Court - Courts - 1940 - 894 pages
...witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 1978 - 990 pages
...unless it 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...unable to procure the attendance of the witness by subpena; or (v) upon application and notice, that such exceptional circumstances exist as to make it... | |
 | Philippines - Gazettes - 2002 - 628 pages
...witness is unable to attend or testify because of age. sickness, infirmity, or imprisonment; or (4) that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; (5) upon application and notice, that such exceptional circumstances exists as to make it desirable,... | |
 | United States - Criminal law - 1935 - 988 pages
...refuses in the trial or hearing to testify concerning the subject of the deposition or part offered; or that the party offering the deposition has been unable to procure the attendance of the witness by subpena. Any deposition may also be used by any party for the purpose of contradicting or impeaching... | |
 | Civil procedure - 1938 - 152 pages
...witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or 4, that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; or 5, upon application and notice, that such exceptional circumstances exist as to make it desirable,... | |
 | United States. Customs Court - Customs administration - 1979 - 334 pages
...unless it appears that the absence of the witness was procured by the party offering the deposition; (iii) that the witness is unable to attend or testify...because of age, illness, infirmity, or imprisonment; (iv) that the party offering the deposition has been unable to procure the attendance of the witness... | |
 | United States - Law - 1988 - 1120 pages
...it appears that the absence of the witness was procured by the party offering the deposition; or (C) shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) (D) that the party offering the deposition has been unable to procure the attendance of the witness... | |
 | United States - Law - 1965 - 860 pages
...that the witness is unable to testify because of age, sickness, infirmity, or imprisonment, or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpena, or (5) upon application and notice, that such excepRule 33 Page 6219 TITLE 28. APPENDIX.—... | |
 | United States - Law - 1971 - 1104 pages
...it appears that the absence of the witness was 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; or (D) that the party offering the deposition has been unable to procure the attendance of the witness... | |
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Upon application and notice, that 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... 
