 | United States. Supreme Court - Courts - 1940 - 894 pages
...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 has been unable to procure the attendance of the witness... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 1978 - 990 pages
...witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (iv) that the party offering the deposition has been unable...procure the attendance of the witness by subpoena; or (v) upon application and notice, that such exceptional circumstances exist as to make it desirable,... | |
 | Philippines - Gazettes - 2002 - 628 pages
...Philippines, unless it appears that his absence 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 has been unable to procure the attendance of the witness... | |
 | 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
...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 has been unable to procure the attendance of the witness... | |
 | United States. Customs Court - Customs administration - 1979 - 334 pages
...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...procure the attendance of the witness by subpoena; or (v) upon application and notice, that such exceptional circumstances exist as to make it desirable,... | |
 | Administrative law - 1942 - 1236 pages
...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 has endeavored but has been unable to procure the attendance... | |
 | Administrative law - 1943 - 1346 pages
...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 has endeavored but has been unable to procure the attendance... | |
 | Administrative law - 1946 - 944 pages
...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 has endeavored to procure the attendance of the witness... | |
| |
... 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 the absence of the witness was procured by the party offering the deposition; or... 
