[Deschler's Precedents, Volume 2, Chapters 7 - 9]
[Chapter 9.  Election Contests]
[H. Taking of Testimony; Depositions]
[Â§ 28. Examination of Parties and Witnesses]
[From the U.S. Government Publishing Office, www.gpo.gov]


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                               CHAPTER 9
 
                           Election Contests
 
                  H. TAKING OF TESTIMONY; DEPOSITIONS
 
Sec. 28. Examination of Parties and Witnesses

    The officer before whom the testimony is taken puts the witness

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under oath and records his testimony stenographically.(20) 
The opposing party has the right of cross examination; (21) 
if he does not wish to participate, he may transmit written 
interrogatories to the officer, who then propounds them to the witness 
and records the answers verbatim.(1)
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20. 2 USC Sec. 386(g).
21. 2 USC Sec. 386(b).
 1. 2 USC Sec. 386(g).
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    After the testimony has been fully transcribed, the deposition is 
to be submitted to the witness for examination and reading, unless 
waived. Changes which the witness desires to make are to be entered on 
the deposition. The witness' refusal to sign a deposition may, in a 
proper case, be used against him unless, on a motion to suppress, the 
Committee on House Administration rules that the reasons given for such 
refusal require rejection of the deposition in whole or in 
part.(2)
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 2. 2 USC Sec. 386(h). This section of the statute permits waiver of 
        the signature requirement.
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    Upon completion of a deposition, the officer before whom it is 
taken certifies thereon that the witness was duly sworn and that it is 
a true record of the testimony given. He then seals it, together with 
any accompanying papers, and files it with the Clerk of the 
House.(3)
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 3. 2 USC Sec. 391.
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    The officer must then promptly notify the parties of the filing of 
the deposition with the Clerk. And he must furnish a copy of the 
deposition to any party or the deponent on payment of reasonable 
charges therefore.(4)
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 4. 2 USC Sec. 391 (b), 
        (c).                          -------------------
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Unsigned Transcript of Deposition by Witness

Sec. 28.1 There have been instances in which attorneys have refused to 
    accept an unsigned transcript of a witness' deposition, 
    notwithstanding their prior agreement to waive such signatures.

    In Lanzetta v Marcantonio (Sec. 48.1, infra), a 1936 New York 
election contest, the Committee on Elections called the attention of 
the House to the actions of the contestee's attorneys in refusing to 
accept unsigned testimony as agreed, which necessitated further 
subpenas to witnesses, some of whom refused to respond or could not be 
found. Notwithstanding these actions, the House agreed to a resolution 
that contestee was entitled to the disputed seat.(5)
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 5. For the procedure under the present statute, see 2 USC Sec. 386(h).

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