Page:United States Statutes at Large Volume 77.djvu/550

 518

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

(c) Whoever swears, affirms, declares, or gives testimony in any form, where an oath is authorized by law, is lawfully sworn, and is ^ i l t y of perjury in a case where he would be guilty of that crime if sworn according to the forms of the common law. § 14-102. Impeachment of own witness; surprise When the court is satisfied that the party producing a witness has been taken by surprise by the testimony of the witness, it may allow the party to prove, for the purpose only of affecting the credibility of the witness, that the witness has made to the party or to his attorney statements substantially variant from his sworn testimony about material facts in the cause. Before such proof is given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he made the statements and if so allowed to explain them. § 14-103. Depositions for use in State and Territorial Courts When a commission is issued or notice given to take the testimony of a witness found within the District of Columbia, to be used in an action pending in a court of a State, territory, commonwealth, possession, or place under the jurisdiction of the United States, the testimony may be taken by leave of a judge of the United States District Court in like manner and with like effect as other depositions are taken in United States district courts. A § 14-104. Testimony of nonresident witnesses for use in Court of General Sessions If the testimony of nonresident witnesses is required by either party to a civil action or proceeding in the District of Columbia Court of General Sessions the Court, upon motion designating the names of the witnesses, may appoint an examiner to take their testimony, to whom it shall issue a commission. The testimony shall be taken on written interrogatories and cross-interrogatories. The written interrogatories must be filed at least three days before the issuance of the commission. The commission shall not issue unless the party or his agent or attorney applying therefor file his affidavit, setting forth that he believes that the testimony of the witnesses is material to the issue in the action or proceeding and that the motion is not made for the purpose of delay. CHAPTER 3—COMPETENCY OF WITNESSES Sec.

14^301. 14-302. 14r-303. 14-304. 14-305. 14-30U. 14-307. 14r-308. 14-309.

Parties and other interested persons generally. Testimony against deceased or incapable person. Testimony of deceased or incapable person. Death or incapacity of partner or other interested person, Conviction of crime. Husband and wife. Physicians. Assessment officials as expert witnesses in condemnation proceedings. Clergy.

§ 14-301. Parties and other interested persons generally Except as otherwise provided by law, a person is not incompetent to testify in a civil action or proceeding by reason of his being a party thereto or interested in the result thereof. If otherwise competent to testify, he is competent to give evidence on his own behalf and competent and compellable to give evidence on behalf of any other Darby to the action or proceeding.

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