Page:United States Statutes at Large Volume 76A.djvu/472

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–376–

-376(d) Proceedings before action, pursuant to Rule 27(a) of the Federal Rules of Civil Procedure, to perpetuate testimony regarding a matter which may be cognizable in either the district court or a magistrate's court may be brought only in the district court. A deposition so taken may be used as provided in Rule 27(a)(4) in an action subsequently brought in either the district court or a magistrate's court. § 2642. Depositions for use outside Canal Zone; Uniform For> eign Depositions Act (a) Whenever any mandate, writ, or commission is issued out of any court of record in any State of the United States or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in the Canal Zone, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in the district court in the Canal Zone. (b) This section shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those States which enact it. (c) This section may be cited as the Uniform Foreign Depositions Act. § 2643. Depositions in foreign countries Sections 1781 and 1785 of Title 28, United States Code, apply to commissions and letters rogatory issued by the district court and the magistrates' courts. § 2644. Subpoena of witness in foreign country; contempt Sections 1783 and 1784 of Title 28, United States Code, apply to civil and criminal actions in the district court but not in the magistrates' courts. CHAPTER 107—PRESENTATION OF EVIDENCE Sec. «*681. 2682. 2683. 2(584.

Control of judge over presentation of evidence. Presence of parties. Exclusion of witnesses. Postponement for absence of evidence.

§ 2681. Control of judge over presentation of evidence In civil actions, and in criminal actions except as otherwise provided by Title 6 of this Code or an applicable provision of Title 18 of the United States Code, the judge controls the conduct of the trial to the end that the evidence shall be presented honestly, expeditiously and in such form as to be readily understood, and in his discretion determines, among other t h i n ^: (1 H n what order evidence shall be offered and witnesses shall be called and examined; (2) how many counsel for a party may examine or crossexamine a witness; (3) how many witnesses u party may reasonably call to testify to a material matter; (4) whether to call witnesses of his own motion, and whether and to what extent to interrogate a witness by whomever called; (5) whether to exclude, of his own motion, evidence which would violate a privilege of a person who is neither a party nor the witness from whom the evidence is sought if the privilege has not been waived or otherwise terminated, or which would be excluded on appropriate objection by an adverse party; (6) what reasonable restraints shall be imposed upon the examiner of a witness in order that the witness be not misled, intimidated, harassed or unduly disconcerted;