Page:United States Statutes at Large Volume 47 Part 1.djvu/1139

72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . ject, and is then deemed the evidence of the party reading it ; but the court may ex clude the same, if it appears th at the taking the reof was in any' mate rial respect unf air . SEC. 1183 . COURT MAY ORDER DEPOS ITION IF ADVERSE PARTY IN Court may order, if DEFAULT.-If an adverse party is in default for not appearing and adverse rse party in de. answering within the time allowed by law or the court, or if, in a special proceeding, some or all of the parties interested have not appeared, the court may authorize a deposition to be taken without the service of any affidavit upon, or the giving of any notice to, the party so in default or not appearing, or may provide that notice be given to him in such mode as to the court may seem proper . MAN NER OF TAKING DEPOSI TIONS OUT OF THE CANAL ZO NE SEC . 1184. DE POS ITI ON OF WIT NES SES OUT OF ZON E, HOW TAKEN .- The deposition of a witness out of the Canal Zone may be taken upon a commission issued from the court under the seal of the court, upon an order of the court, or the judge or a magistrate thereof, on the application of either party, upon five days' previous notice to the other. If the court is a magistrate's court, the commission must have attached to it a . certificate of the clerk of the district court for the division in which such mag?s trate's court is held, under the seal of such district court, to the effect that the person issuing the same was an acting magistrate at the date of the commission . If issued to any place within the United States, it mabe directed to a person agreed upon by the parties, or if they do -not agree, to any notary public, judge or justice of the peace or commiss ioner selected by the court or judge or justice issuing it . If issued to any country out of the United States, it may be directed to a minister, ambassador, consul, vice-con sul, or consular agent of the Un ited States, or j udge of a court of record in such country, or to any person agreed upon by the parties. SEC. 1185 . PROPER IA _t iJtOGATORIES MAY BE PREPARED, OR MAY BE WAIVED BY THE PARTSEs .The party moving for the commission must, unless it is waived by the other party, attach to the notice of the motion the int errogatories upo n which he desir es it to be take n . On the hearing of the motion, the other party must propose . such cross- interrogatories as he may_ desire . If the parties do not agree as to the form of the interrogatories, the court must settle their form, but such agreement or settlement does not preclude either party, when the deposition is offered in evidence, from interposing any objection to any interrogatory except as to the form thereof . The settlement of interrogatories may be had at the time of the hearing of the motion, or at any other time which the court may appoint ; but the moving party must, if he request it, be allowed two days within which to propose such redirect interrogatories as the cross-interroga- tories proposed render proper . W hen a greed upon or se ttled, the interrogatories must be annexed to the commission ; or, when the parties agree to that mode, or t he court on the application of ei ther party, after a hearing had upon two days' notice to the opposite party, s o direct s, the e xaminati on must be withou t writte n inter- ro atories . C . 1186. DEPOSITION OF NONRESIDENT WITNESS UPON ORAL INTER- RoGATORIEs .-When a party shall desire to take the evidence of a non- resident witness, to be used in any cause pending in the Canal Zone, the party desiring the same (or where notice shall have been given that a eonlmission to take the testimony of a nonresident witness will be applied for, the opposite party, upon giving the other three days' notice in writing of his election so to do), may have a _uiumission 1115 Depositions outside Canal Zone . Manner of taking . In United States . In foreign country. Interrogatories . Oral interrogatories .