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43 U.S.C. § 106Continuing taking of depositions in behalf of opposite party

submitted 123 years ago by ch. 344 to r/title-43-PUBLIC-LANDS · 88 words · no verdicts yet

in plain englishAI-generated · not legal advice

After one side finishes taking depositions under section 105, the other side may immediately take its own. It uses the same time, place, and officer, at its own expense. It must first notify the opposing side or their agent of this plan.

This section lets the other side in a case take its own depositions right after the first side finishes. Once the depositions described in section 105 of this title are concluded, the opposite party may immediately begin taking depositions of its own, at its own expense. These depositions happen at the same time, at the same place, and before the same officer as the first party's depositions. There is one condition. Before starting, that party must first give notice to the opposing party — or to any agent or attorney representing the opposing party in the deposition process — that it intends to take its own depositions.
the actual law source: uscode.house.gov ↗public domain

Whenever the taking of any depositions taken in pursuance of section 105 of this title is concluded the opposite party may proceed at once at his own expense to take depositions in his own behalf, at the same time and place and before the same officer: Provided, That he shall, before taking of the depositions in the first instance is entered upon, give notice to the opposing party, or any agent or attorney representing him in the taking of said depositions of his intention to do so.

Source credit: (Jan. 31, 1903, ch. 344, § 5, 32 Stat. 791.)

history & why it existsrecord from the source credit
  • 1903Enacted · Act of Jan. 31, 1903, ch. 344 · 32 Stat. 791

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

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