CRS-27 Testimony by stipulation (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. Testimony by affidavit; time for filing (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 386 of this title. Pub. L. 91-138, 8, Dec. 5, 1969, 83 Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Cominissioner to, the Congress of the United § 388. Stat. 287. States occurring after Dec. 5. 1969, see section 19 of Pub. L. 91-138, net out as a note under section 381 of this title. Subpena for attendance at deposition-Issuance (a) Upon application of any party, a subpena for attendance at a deposition shall be issued by: (1) a judge or clerk of the United States district court for the district in which the place of examination is located; (2) a judge or clerk of any court of record of the State in which the place of examination is located; or (3) a judge or clerk of any court of record of the county in which the place of examination is located. Time, method and proof of service (b) Service of the subpena shall be made upon the witness no later than three days before the day on which his attendance is directed. A subpena may be served by any person who is not a party to the contested election case and is not less than eighteen years of age. Service of a subpena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fee for one day's attendance and the mileage allowed by section 389 of this title. Written proof of service shall be made under oath by the person making same and shall be filed with the Clerk. Place of examination (c) A witness may be required to attend an examination only in the county wherein he resides or is employed, or transacts his business in person, or is served with a subpena, or within forty miles of the place of service. Form (d) Every subpena shall state the name and title of the officer issuing same and the title of the contested election case, and shall command each person to whom it is directed to attend and give testimony at a time and place and before an officer specified therein. Production of documents (e) A subpena may also command the person to whom it is directed to produce the books, papers, documents, or other tangible things designated therein, but the committee, upon motion promptly made and in any event at or before the time specified in the subpena for compliance therewith, may (1) quash or modify the subpena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the party in whose behalf the subpena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. In the case of public records or documents, copies thereof, certified by the CRS-28 person having official custody thereof, may be produced in lieu of the originals. Pub. L. 91-138, § 9, Dec. 5, 1969, 83 Stat. 288. Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Com missioner to, the Congress of the United § 389. Officer and witness fees States occurring after Dec. 5, 1969, Bee section 19 of Pub. L. 91-138, set out as a note under section 381 of this title. (a) Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and each person who serves any subpena or other paper herein authorized shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the district courts of the United States. (b) Witnesses whose depositions are taken shall be entitled to receive from the party at whose instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to appear before the House of Representatives or its committees. Pub.L. 91-138, 10, Dec. 5, 1969, 83 Stat. 288. 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 Dec. 5, 1969, nee wection 19 of Pub. L. 91-138, set out as a note under section 381 of this title. § 890. Penalty for failure to appear, testify or produce documents Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested election case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both. Pub.L. 91-138, § 11, Dec. 5, 1969, 83 Stat. 288. Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Com missioner to, the Congress of the United States occurring after Dec. 5. 1969, see section 19 of Pub. L. 91-138, set out as a note under section 381 of this title. § 891. Certification and filing of depositions-Sealing of papers; deposit with Clerk (a) The officer before whom any deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition, together with any papers produced by the witness and the notice of deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with the title of the contested election case and marked "Deposition of (here insert name of witness)" and shall within thirty days after completion of the witness' testimony, file it with the Clerk. Notification of filing (b) After filing the deposition, the officer shall promptly notify the parties of its filing. Copy of deposition to parties or deponents (c) Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district court of the United States for the district wherein the place of examination is located, the officer shall furnish a copy of deposition to any party or the deponent. Pub. L. 91-138, § 12, Dec. 5, 1969, 83 Stat. 289. Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Com missioner to. the Congress of the United States occurring after Dec. 5, 1989, sea section 19 of Pub. L. 91-138, set out as A note under section 381 of this title. 45-918 0-85--22 CRS-29 § 892. Record-Hearing on papers, depositions and exhibits (a) Contested election cases shall be heard by the committee on the papers, depositions, and exhibits filed with the Clerk. Such papers, dep ositions, and exhibits shall constitute the record of the case. Appendix to contestant's brief (b) Contestant shall print as an appendix to his brief those portions of the record which he desires the committee to consider in order to decide the case and such other portions of the record as may be prescribed by the rules of the committee. Appendix to contentee'n brief (c) Contestee shall print as an appendix to his brief those portions of the record not printed by contestant which contestee desires the committee to consider in order to decide the case. Contestant's briefs service on contentee (d) Within forty-five days after the time for both parties to take testimony has expired, contestant shall serve on contestee his printed brief of the facts and authorities relied on to establish his case together with his appendix. Contestee's brief; service on contestant (e) Within thirty days of service of contestant's brief and appendix, contestee shall serve on contestant his printed brief of the facts and authorities relied on to establish his case together with his appendix. Reply brief of contestant (f) Within ten days after service of contestee's brief and appendix, contestant may serve on contestee a printed reply brief. Form of briefs; number of copies served and filed (g) The form and length of the briefs, the form of the appendixes, and the number of coples to be served and filed shall be in accordance with such rules as the committee may prescribe. Pub. L. 91-138. § 13, Dec. 5, 1969, 83 Stat. 289. 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 Dec. 5, 1909, sve section 19 of Pub. L. 91-13%, set out as a note under section 381 of this title. § 393. Filing of pleadings, motions, depositions, appendixes, briefs and other papers (a) Filings of pleadings, motions, depositions, appendixes, briefs, and other papers shall be accomplished by: (1) delivering a copy thereof to the Clerk of the House of Representatives at his office in Washington, District of Columbia, or to a member of his staff at such office; or (2) mailing a copy thereof, by registered or certified mail. addressed to the Clerk at the House of Representatives. Washington, District of Columbia: Provided, That if such copy is not actually received, another copy shall be filed within a reasonable time; and (3) delivering or mailing, simultaneously with the delivery or mailing of a copy thereof under paragraphs (1) and (2) of this subsection, such additional copies as the committee may by rule prescribe. (b) All papers filed with the Clerk pursuant to this chapter shall be promptly transmitted by him to the committee. Pub. L. 91-138, § 14. Dec. 5. 1969, 83 Stat. 289. Effective Date. Section applicable with respect to any general or special election for Representative in. or Resident Com missioner to, the Congress of the United States occurring after Is 5 1982), spe section 19 of Pub L. 91 138 set out as a note under section 31 of this title CRS-30 § 894. Computation of time-Method of computing time (a) In computing any period of time prescribed or allowed by this chapter or by the rules or any order of the committee, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. For the purposes of this chapter, "legal holiday" shall mean New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States. Service by mail (b) Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, notice, brief, or other paper upon him, which is served upon him by mail, three days shall be added to the prescribed period. Enlargement of time (c) When by this chapter or by the rules or any order of the committee an act is required or allowed to be done at or within a specified time, the committee, for good cause shown, may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect, but it shall not extend the time for serving and filing the notice of contest under section 382 of this title. Pub. L. 91-138, 15, Dec. 5, 1969, 83 Stat. 290. 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 Dec. 5, 1969, see section 19 of Pub. L. 91-138, met out as A note under section 381 of this title. In the event of the death of the contestant, the contested election case shall abate. Pub.L. 91-138, 16, Dec. 5, 1969, Effective Date. Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United § 896. 83 Stat. 290. States occurring after Dec. 5. 1969, see section 19 of Pub. L. 91-138, set out as a note under section 381 of this title. Allowance of party's expenses The committee may allow any party reimbursement from the contingent fund of the House of Representatives of his reasonable expenses of the contested election case, including reasonable attorneys fees, upon the verified application of such party accompanied by a complete and detailed account of his expenses and supporting vouchers and receipts. Pub.L. 91-138, § 17, Dec. 5, 1969, 83 Stat. 290. 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 Dec. 5, 1989, see section 19 of Pub L. 91-138, set out as a note under section 381 of this title. |