Page:United States Statutes at Large Volume 76A.djvu/616

–520– -520SUBCHAPTER III

Sec. 4231. 4232. 4233. 4234. 4235. 4236. 4237. 4238.

WITNESSES; SUBPOENAS

Subpoenas generally. Issuance of subpoena. Service of subpoena. Tendering fees and mileage. Place of service; subpoena for taking deposition. Civil liability for disobedience. Summoning witnesses for trial in magistrate's court. Prisoner as witness. SUBCHAPTER IV

DEPOSITIONS

Article A—Depositions Generally 4271. Depositions on motion of defendant. Article B—Examination of Witness Conditionally 4291. 4292. 4293. 4294. 4295. 4296. 4297. 4298. 4299. 4300. 4301.

Right to have witnesses examined conditionally. Grounds for examination. Form of application for order. Application for order to district court or magistrate. Order for examination. Examination not to take place when grounds nonexistent. Presence of defendant at examination. Subpoena for witness. Testimony; reduction to writing; authentication. Transmittal of deposition to court. Use of deposition in evidence. SUBCHAPTER V—SECURING THE ATTENDANCE OF WITNESSES FROM WITHOUT A STATE IN CRIMINAI. PBOCEEDINQS

4331. 4332. 4333. 4334. 4335. 4336.

Definitions. Summoning witness in Canal Zone to testify in another State. \yitness from another State summoned to testify in the Canal Zone. Exemption from arrest and service of process. Uniformity of interpretation. Short title.

Subchapter I—Generally § 4151. Order of proceedings on trial Unless otherwise directed by the judge, the trial in a criminal action in the district court shall be conducted m the following order: (1) the United States attorney or other counsel for the Government shall open the cause and oflfer the evidence in support of the charge; (2) the defendant or his counsel may then open the defense and offer his evidence in support thereof; (3) the parties may then respectively offer rebutting testimony only, unless the court for good reason in furtherance of justice permits them to offer evidence upon their original case; and (4) when the evidence is concluded unless the case is submitted on either side or on both sides without argument, the United States attorney or other counsel for the Government and counsel for the defendant may argue the case; the United States attorney or other counsel for the Government opening the argument and having the right to close. § 4152. Number of counsel who may argue cause If the information is for an offense punishable with death two counsel on each side may argue the cause. If it is for any other offense the district court may in its discretion restrict the argument to one coimsel on each side. § 4153. View by jury If, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed,

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