2 U.S.C. § 386 — Deposition

(a) Oral examination. Either side in a contested election case can take a deposition — sworn testimony — from any person, including the other party, by asking them questions out loud. This can be for discovery, for use as evidence, or both. Depositions can only happen during the specific time periods this section sets. (b) Scope of examination. A witness can be asked about anything relevant to the case that isn't privileged — including where relevant documents are and who has relevant knowledge — whether it helps the questioner's side or the other side. After the questioning side finishes, the other side can cross-examine. (c) Order and time of taking testimony. Testimony must be taken in this order: (1) the contestant (challenger) may take testimony within 30 days after the contestee answers, or, if there's no answer, within 30 days after the answer deadline passes; (2) the contestee (the sitting member) may take testimony within 30 days after the contestant's time runs out; (3) if the contestee took testimony or filed affidavits or agreed statements under section 387(c), the contestant may take rebuttal testimony within 10 days after the contestee's time runs out. (d) Officer before whom testimony may be taken. Testimony must be taken before someone legally authorized to administer oaths, either under U.S. law or the law of the place where the deposition happens. (e) Subpena. A subpoena, as described in section 388, can force a witness to attend. (f) Taking of testimony by party or his agent. At the deposition, a party may show up and take part in person, or send an agent or lawyer instead. (g) Conduct of examination; recordation of testimony; notation of objections; interrogatories. The officer running the deposition must put the witness under oath and record their testimony, either personally or through someone working under the officer's direction. The testimony must be taken down in shorthand and typed up. Any objections made during questioning — about the officer's qualifications, how the deposition was conducted, the evidence given, anyone's conduct, or anything else — must be noted by the officer in the deposition record. Evidence someone objects to still gets taken down, subject to that objection. Instead of appearing for oral questioning, a party who receives a deposition notice may send written questions to the officer, who must ask the witness those questions and write down the answers word for word. (h) Examination of deposition by witness; signature of witness or officer; use of deposition. Once the testimony is fully typed up, it must be shown to the witness, and read to or by the witness — unless the witness and both parties agree to skip this. The witness can request changes to the wording or substance, and the officer must write those changes into the deposition along with the witness's reasons for making them. The witness must then sign the deposition, unless the parties agree in writing to skip the signature, or the witness is sick, can't be found, or refuses to sign. If the witness doesn't sign, the officer must sign it instead and note why — the waiver, illness, absence, or refusal, along with any reason given. The deposition can then be used just as if the witness had signed it, unless, on a motion to throw it out, the committee decides the reason for not signing means all or part of the deposition should be rejected.