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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 ...
The New York reforms went much farther, by directly merging common law and equity procedure (which would also happen in England in the early 1870s), and by expressly authorizing pretrial oral examinations of both opposing parties and third-party witnesses, the basis of the modern deposition. [3] (Up to that point, discovery from able-bodied ...
But there’s still the possibility of federal criminal prosecution, and surely Paxton’s lawyers told him it was too dangerous to sit under oath for a deposition. It’s somewhat surprising that ...
Shortly after, Paxton filed a motion seeking a protective order to quash the depositions and stop any further discovery in the case.
Former President Donald Trump and two of his children got their questioning postponed Friday in a New York civil investigation into their business dealings, a delay that follows the death of Trump ...
The method of using a subpoena duces tecum is generally valid only to compel a witness to produce documents and other things at the time of the deposition. If a deponent is a non-party to the action (not involved directly in the litigation, but wanted for testimony), production of documents can be compelled only through a proper subpoena duces ...
18 U.S.C. § 3144, commonly referred to as the "material witness statute," provides as follows: If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in ...