43 U.S.C. § 105 — Depositions of witnesses residing outside county

submitted 123 years ago by ch. 344 to r/title-43-PUBLIC-LANDS · 225 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a witness in a hearing under this title lives outside the county where the hearing happens, either side may take that witness's testimony by deposition in the county where the witness lives, after giving ten days' written notice. A magistrate judge, notary public, judge, or court clerk can take the deposition, and a subpoena for it can be disobeyed only at the same penalty as disobeying a hearing subpoena under section 104. The officer taking the deposition charges the same fees as state or territorial courts, paid by the party who requested the deposition.

If a witness lives outside the county where the hearing is happening, either party may take that witness's testimony as a deposition in the county where the witness lives, by giving the other party or parties ten days' written notice of the time and place. The deposition may be taken by a United States magistrate judge, a notary public, a judge, or a court clerk. Subpoenas for deposition witnesses can come from the office the Secretary of the Interior designates, or from the officer taking the deposition. Disobeying such a subpoena is punished the same way as described in section 104, and the witness gets the same fees, mileage, and is subject to the same penalties and limits as a witness disobeying a subpoena before the Secretary's designated officer. The officer taking the deposition charges the same fees allowed in state or territorial courts. Those fees are paid by the party who requested the deposition, and the officer must attach an itemized account of the fees to the deposition.

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

Whenever the witness resides outside the county in which the hearing occurs any party to the proceeding may take the testimony of such witness in the county of such witness’s residence in the form of depositions by giving ten days’ written notice of the time and place of taking such depositions to the opposite party or parties. The depositions may be taken before any United States magistrate judge, notary public, judge, or clerk of a court of record. Subpoenas for witnesses before the officer taking depositions may issue from the office of the officer designated by the Secretary of the Interior or may be issued by the officer taking the depositions, and disobedience thereof, as defined in section 104 of this title, shall also be punished; and the witness shall receive the same fees and mileage and be subject to the same penalties in all respects as in case of violation of a subpoena to appear before the officer designated by the Secretary of the Interior and subject to the same limitations. The fees of the officer taking the depositions shall be the same as those allowed in the State or Territorial courts, and shall be paid by the party taking the deposition, and an itemized account of the fees shall be made by the officer taking the depositions and attached to the depositions.

Source credit: (Jan. 31, 1903, ch. 344, § 4, 32 Stat. 790; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit

1903Enacted · Act of Jan. 31, 1903, ch. 344 · 32 Stat. 790
1921Amended · Act of Oct. 28, 1921, ch. 114 · 42 Stat. 208
1925Amended · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1145
1968Amended · Pub. L. 90-578 · 82 Stat. 1118
1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by ch. 344 on 1903-01-31.

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