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" ... that the witness Is unable to attend or testify because of age, sickness, infirmity or imprisonment; or (iv) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v... "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 527
1978
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

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;...
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Crime, Kidnaping and Prison Laws...

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...
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Congressional Serial Set, Issue 10250

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;...
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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
...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;...
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United States Code, Volume 5

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;...
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United States Code, Volumes 6-7

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;...
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Rules of Criminal Procedure for the District Courts of the United States

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...
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General Rules of Procedure Promulgated July 4, 1947

United States. Indian Claims Commission - Indians of North America - 1947 - 40 pages
...crossexamination of deponents may proceed as permitted at the hearings under the provisions of section 23. (e) Use of depositions. At a hearing before the Commission,...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;...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 327

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1947 - 984 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...
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Code of Federal Regulations: 1985-1999

Administrative law - 1979 - 1052 pages
...inquired into under paragraph (c) of this section, and the answers may be used to the same extent as provided in paragraph (e) of this section for the...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;...
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