2 U.S.C. § 387 — Notice of depositions

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 198 words · no verdicts yet

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This law explains how to give notice before taking a deposition in a contested election case, and allows the parties to skip depositions by written agreement or by submitting sworn affidavits instead.

(a) Time for service; form. Before taking someone's deposition by oral questioning, a party must give the other side written notice at least two days before the deposition date. The notice must state when and where the deposition will happen, and the name and address of each person being questioned. A copy of that notice, along with proof it was delivered, must be attached to the deposition when it's filed with the Clerk. (b) Testimony by stipulation. If both parties agree in writing, a deposition can be taken without giving notice first. A copy of that written agreement must be attached to the deposition when it's filed with the Clerk. (c) Testimony by affidavit; time for filing. If both parties agree in writing, a witness's testimony can instead be filed as a sworn affidavit, or the parties can simply agree in writing what a witness would have said if deposed. These affidavits or agreements must be filed within the same time limits section 386 sets for taking testimony.

the actual law source: uscode.house.gov ↗public domain

(a) Time for service; form

A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk.

(b) Testimony by stipulation

By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.

By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 386 of this title.

Source credit: (Pub. L. 91–138, § 8, Dec. 5, 1969, 83 Stat. 287.)

history & why it existsrecord from the source credit

1969Enacted · Pub. L. 91-138 · 83 Stat. 287

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-138 on 1969-12-05.

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