Page:United States Statutes at Large Volume 31.djvu/489

 F IFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 437 fifty-five shall apply to depositions taken out of the district on oral interrogatories. k Sec. 657. If a depjosition be taken under subdivisions two, three, or ,,§{,,‘§f "$,{;’,§`§S,§‘[,*},‘,§§ four of section six undred and sixty, before the same can be used i¤¤¤¤i¤*¤¤¤¤¤¤¢¤- proof shall be made that the witness did reside beyond the service of a subpoena, or that he still continues absent or infirm, as the case may be. A deposition taken, whether in the district or without, upon insufficient notice or otherwise, not substantially in conformity with the provisions of this chapter, may be excluded from the case, unless such insufficient notice or other omission has been waived by the consent or conduct of the adverse party. Sec. 658. When a deposition has once been taken it may be read in ,€§§¥;QS§§g9§,§;Ye§€ the same action or proceeding, or in any other action or proceeding, clusion ¤f¤1><>¤i6¤- between the same parties or their representatives upon the same subjveipt, and is then to be deemed the evidence of the party reading} it. . hen any portion of a deposition is excludedfrom a case, so muc of the adverse examination as relates thereto is excluded also. CHAPTER SIXTY-noon. or THE GENERAL RULES or EXAMINATION. Sec. Sec. 659. Order of proof, how regulated. - \ 666. Cross-examination, as to what it 660. Witness not under examination may extends. · · be excluded. 667. Party not to impeach his own wit- 661. Interpreter sworn, when. ness. 662. Court may control mode of interro- 668. Witness, how reexamined. gation. 669. How witness impeached. 663. Direct and cross-examination de- 670. Same subject. - fined. 671. Evidence of good character, when 664. Leading questions defined. allowed. 665. When witness may testify or refresh 672. Writing shown to witness may be his memory from writing. _ inspected by adverse party. Sec. 659. The order of proof shall be regulated by the sound discre- mggfgggf P’°°‘· h°" tion of the court. Ordinarily, the party beginning the case shall ` exhaust his evidence before the other begins. _ Sec. 660. If either party require it, the judge may exclude from the exii¤iiiiiiii10]i¤°tmau§1d1i; court room any witness of the adverse party not at the time under °"°‘“d°d· examination, so that he may not hear the testimony of other witnesses. Sec. 661. When a witness does not understand and ipeak the English W§§ffp’°‘?‘ S“'°'“· _ language, an interpreter shall be sworn to interpret or him. ~ Sec. 662. The court may exercise a reasonable control over the m§§§‘,},,§{§,§0;;%Q§,”gl ' made of interrogation, so as to make it as rapid, as distinct, as little annoying to the witness, and as effective for the extraction of the truth as may be; but, subject to this rule, the parties may put such legal and pertinent questions as they see fit. The court, owever, may stop the production of further evidence, upon any particular point, w en the evidence upon it is already, so full as to preclude reasonable doubt. . Sec. 663. The examination of a witness by the party producing him exggiggtiggddegfuggs is denominated the direct examination; the examination of the same ` witness upon the same matter, by the adverse party, the cross-examination. The direct examination must be comp eted before the crossexamination begins, unless the court otherwise direct. Sec. 664. A question which Suggests to the witness the answer deIé$1*;*},i¤g *1¤°$“°¤¤ which the examining party desires is denominated a leading or sug- ' gestive question. On a direct examination, leading questions are not allowed, unless merely formal or preliminary, except in the sound discretion of the court, under special circumstances, making it appear that the interests of justice require it.