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Title 2 — The Congress

Chapter 12 — Contested Elections

§ 387. Notice of depositions

Statutory text

(a)

Time for service; form

A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk.

(b)

Testimony by stipulation

By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.

(c)

Testimony by affidavit; time for filing

By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 386 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal Contested Election Act

    Pub. L. 91–138 § 8 · 83 Stat. 284

    Enacted · 2 U.S.C. § 387

    (Pub. L. 91–138, § 8, Dec. 5, 1969, 83 Stat. 287.)

    Source evidence

    Code source credit
    (Pub. L. 91–138, § 8, Dec. 5, 1969, 83 Stat. 287.)

    Enacted provision · exact public law section
    Sec. 8. notice of depositions; testimony by affidavit or stipulation (a) A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk. (b) By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk. (c) By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 7.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after , see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.

Credits

(Pub. L. 91–138, § 8, , 83 Stat. 287.)

Parsed from the official OLRC USLM XML in data/usc_all/usc02.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t2/s387