Oklahoma Manual of Legal Blank Forms

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt : …

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt : . . . reason must be given why the verification is not made. SEC. 354. A witness cannot be taken out of his county, in a civil case; and may require advance payment of his fee for one day; and failing to attend, without excuse, may be fined five to fifty dollars; and is liable to party for damages. _ SEC. 36t. Court may order persons in prison to be produced as witnesseo; or to testify by deposition, in custody of an officer. DEPOSITIONS. SEC. 372. The deposition of any witness may be used onlyin the following cases : First. /Vhen the witnessdoes not reside in the county where the action or proceeding is pending, or is sent for trial by change of venue, or is absent therefrom. Secand. When. from age, infirmity, or imprisonment. the witness is unable to attend the court, or is dead. T/zird. /Vhen the testimony is required upon a motion, or in any other case where the oral examination ofa witness is not required. SEC. 376. Person taking deposition must be disinterested, and not a relative or attorney of either party; courts may also issue the usual dedimus; the notice shall name witness; and cross interrogatories may be filed if taken out of State or more than fifty miles away. Notice may be given by publication in certain cases. SEC. 385. The officer taking the deposition shall annex thereto a certificate showing the following facts : First. That the witness was first sworn to testify to the truth, the whole truth, and nothing but the truth. Serena’. That the deposition was reduced to writing by some proper person, (naming him). T/zird. That the deposition was written and subscribed in the presence of the officer certifying thereto. Four!/2. That the deposition was taken. at the time and place specified in the notice. SEC. 388. Fees are as. . .

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