Page:United States Statutes at Large Volume 76A.djvu/470

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-374witness is compelled to attend more than one term of court, and an allowance may not be made for mileage except that traveled within the Canal Zone. (b) Witnesses in magistrates' courts are entitled to $2 per day and the travel fees provided by subsection (a) of this section. (c) Fees to which a witness may be entitled in a civil action shall be allowed on the affidavit of the witness, stating the number of days he has attended and the amount of mileage to which he is entitled, to be taken and preserved by the clerk of the court, magistrate, or other officer before whom the witness was called to testify, and a certificate of the allowance shall be given to the witness. On final taxation of costs the truth of the affidavit may be contested and this allowance may be set aside in whole or in part as the facts require. (d) A witness is not entitled to compensation for his attendance in more than one case or on more than one side of the same case at the same time, but may elect in which of several cases or on which side of the case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business is not entitled to compensation as a witness. CHAPTER 105—PRODUCTION OP EVIDENCE SUBCHAPTER I

GENERAL PROVISIONS

Sec. 2591. Mode of taking testimony. 2592. Oral examination defined. BUBCHAPTBaC II—^AFFmAVITB

2611. 2612. 2613. 2614.

Affidavit defined. Use of affidavits. Proof of publication. Persons before whom affidavits talien. SUBCHAFTEB III

2641. 2642. 2643. 2644.

DEPOSITIONS AND DISCOVERT

Depositions and discovery generally. Depositions for use outside Canal Zone; Uniform Foreign Depositions Act. Depositions in foreign countries. Subpoena of witness in foreign country; contempt.

Subchapter I—General Provisions § 2591. Mode of taking testimony The testimony of witnesses may be taken in three modes: (1) by affidavit; (2^ by deposition; and (3) by oral examination. § 2592. Oral examination defined An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness. Subchapter II—Affidavits § 2611. Affidavit defined An affidavit is a written declaration under oath, made without notice to the adverse party. § 2612. Use of affidavits An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or special proceeding, to obtain a provisional remedy,