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A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
Where the defendant makes the witness unavailable for the purpose of preventing the witness from testifying, the defendant forfeits the right to confront the witness. [18] This exception only applies to circumstances where the defendant acts with the purpose of preventing the testimony, but not to other circumstances where the defendant may ...
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
In Washington, four key elements of a defendant's guarantee of compulsory process were established. [4] The defendant has a right to insist on witnesses who are capable to give testimony that is relevant, material, and favorable to the defense. This decision required the courts to acknowledge the right of the accused to present a defense. [5]
The Court held that "The Compulsory Process Clause provides [the defendant] with an effective weapon, but it is a weapon that cannot be used irresponsibly". [14] There are "countervailing public interests" which weigh against an absolute position of applying the Clause; this signaled a major turn since Washington two decades earlier.
Donald Trump's deposition videotape is played on a large screen for the jury, lower left, with Judge Lewis Kaplan presiding, in Manhattan federal court on Wednesday.
The Court ruled unanimously that Whiteside had not been deprived of his Sixth Amendment rights. The majority opinion, written by Chief Justice Burger, stated that an attorney's duty to his client's cause is "limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth", and that "the right to counsel includes no right to have a lawyer who will ...
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