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2 U.S.C. § 391Certification and filing of depositions

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 177 words · no verdicts yet

in plain englishAI-generated · not legal advice

In a contested election case, the deposition officer must certify the testimony is accurate. The officer then seals it with any exhibits and files it with the Clerk within thirty days. The officer must notify the parties once it's filed. Any party or the witness can buy a copy for a reasonable fee.

(a) Sealing of papers; deposit with clerk: The officer taking a deposition must certify that the witness was properly sworn in and that the deposition accurately records the witness's testimony. The officer must then seal the deposition securely, along with any papers the witness produced and the deposition's notice or stipulation (if it was taken without notice), in an envelope labeled with the contested election case's title and marked "Deposition of [witness's name]." The officer must file it with the Clerk within thirty days after the witness finishes testifying. (b) Notification of filing: After filing the deposition, the officer must promptly tell the parties that it has been filed. (c) Copy of deposition to parties or deponents: If a party or the person deposed pays a reasonable fee — no more than what a U.S. district court would charge in the district where the deposition happened — the officer must give them a copy of the deposition.
the actual law source: uscode.house.gov ↗public domain
(a) Sealing of papers; deposit with clerk

The officer before whom any deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition, together with any papers produced by the witness and the notice of deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with the title of the contested election case and marked “Deposition of (here insert name of witness)” and shall within thirty days after completion of the witness’ testimony, file it with the Clerk.

(b) Notification of filing

After filing the deposition, the officer shall promptly notify the parties of its filing.

(c) Copy of deposition to parties or deponents

Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district court of the United States for the district wherein the place of examination is located, the officer shall furnish a copy of deposition to any party or the deponent.

Source credit: (Pub. L. 91–138, § 12, Dec. 5, 1969, 83 Stat. 289.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-138 · 83 Stat. 289

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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