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U.S. Code as of:
01/3/05
Section 387. Notice of depositions
(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.
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