TAKING OF TESTIMONY Clause Samples

TAKING OF TESTIMONY. During the exam- ination of a witness in any criminal proceeding, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. Following such an objec- tion, the court shall take such suitable action to determine whether the response is admissible as will safeguard against the compromise of any classified information. Such action may include requiring the United States to provide the court with a proffer of the witness’ response to the question or line of inquiry and requiring the de- fendant to provide the court with a proffer of the nature of the information he seeks to elicit. (Pub. L. 96–456, § 8, Oct. 15, 1980, 94 Stat. 2028.)
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TAKING OF TESTIMONY. 26.1. Determination of Foreign Law.
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TAKING OF TESTIMONY. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by an Act of Congress or by these rules, the Federal Rules of Evidence, or other rules adopted by the Supreme Court. (As amended Nov. 20, 1972, eff. July 1, 1975.) 1. This rule contemplates the development of a uni- form body of rules of evidence to be applicable in trials of criminal cases in the Federal courts. It is based on Funk v. United States, 290 U.S. 371, and ▇▇▇▇▇▇ v. United States, 291 U.S. 7, which indicated that in the absence of statute the Federal courts in criminal cases are not bound by the State law of evidence, but are guided by common law principles as interpreted by the Federal courts ‘‘in the light of reason and experience.’’ The rule does not ▇▇▇▇▇▇ the applicable law of evidence to that originally existing at common law. It is contemplated that the law may be modified and adjusted from time to time by judicial decisions. See ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, 29 A.B.A.Jour. 655; ▇▇▇▇▇▇▇▇▇▇, 29 A.B.A.Jour. 377; ▇▇▇▇▇▇▇▇, 12 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇.▇. 119, 131–132; ▇▇▇▇▇▇▇▇, 3 F.R.D. 445, 453; ▇▇▇▇▇▇, 51 Yale L.Jour. 763; ▇▇▇▇▇▇▇, 4 Lawyers Guild R. (3)1, 5–6. 2. This rule differs from the corresponding rule for civil cases (Federal Rules of Civil Procedure, Rule 43(a) [28 U.S.C., Appendix]), in that this rule contemplates a uniform body of rules of evidence to govern in criminal trials in the Federal courts, while the rule for civil cases prescribes partial conformity to State law and, therefore, results in a divergence as between various districts. Since in civil actions in which Federal juris- diction is based on diversity of citizenship, the State substantive law governs the rights of the parties, uni- formity of rules of evidence among different districts does not appear necessary. On the other hand, since all Federal crimes are statutory and all criminal prosecu- tions in the Federal courts are based on acts of Con- ▇▇▇▇▇, uniform rules of evidence appear desirable if not essential in criminal cases, as otherwise the same facts under differing rules of evidence may lead to a convic- tion in one district and to an acquittal in another. 3. This rule expressly continues existing statutes gov- erning the admissibility of evidence and the com- petency and privileges of witnesses. Among such stat- utes are the following: U.S.C., Title 8: Section 138 [see 1326, 1328, 1329] (Importation of aliens for immoral purposes; attempt to re-enter after deportation; ...
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TAKING OF TESTIMONY. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by an Act of Congress or by these rules, the Federal Rules of Evidence, or other rules adopted by the Supreme Court. (As amended Nov. 20, 1972, eff. July 1, 1975.) NOTES OF ADVISORY COMMITTEE ON RULES—1944
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Related to TAKING OF TESTIMONY

  • Testimony If DST is required by a third party subpoena or otherwise, to produce documents, testify or provide other evidence regarding the Services, this Agreement or the operations of the Fund in any Action to which the Fund is a party or otherwise related to the Fund, the Fund shall reimburse DST for all costs and expenses, including the time of its professional staff at DST’s standard rates and the cost of legal representation, that DST reasonably incurs in connection therewith.

  • SUBMISSION OF TENDERS i. The tenders received after the specified time of their submission shall be treated as `Late Tenders’ and shall not be considered under any circumstances. ▇▇. ▇▇▇▇▇▇▇ shall be opened by authorized officer at his office at the time and date as specified in the NIT, in the presence of such of those tenderers or their authorized representatives who may be present. iii. Tenders whose bids are found techno-commercially qualified shall be informed by E-mail the date and time of opening of the Bids. ▇▇▇▇’s decision in this regard shall be final and binding. iv. Before submission of Bid, the tenderers are advised to inspect the site of work and the environments and be well acquainted with the actual working and other prevalent conditions, facilities available, position of material and labour, means of transport and access to Site, accommodation, etc. No claim will be entertained later on the grounds of lack of knowledge of any of these conditions.

  • IN TESTIMONY WHEREOF the parties hereto have executed this Contract as of the dates shown below.

  • Submission of Tender The tender shall be submitted online in two part, viz., technical bid and financial bid. All the pages of bid being submitted must be signed and sequentially numbered by the bidder irrespective of nature of content of the documents before uploading.

  • Taking of Necessary Action (a) Niagara Bancorp and CNYF shall each use its best efforts in good faith, and each of them shall cause its Subsidiaries to use their best efforts in good faith, to (i) furnish such information as may be required in connection with the preparation of the documents referred to in Section 5.03 of this Agreement, and (ii) take or cause to be taken all action necessary or desirable on its part using its best efforts so as to permit completion of the Merger including, without limitation, (A) obtaining the consent or approval of each individual, partnership, corporation, association or other business or professional entity whose consent or approval is required or desirable for consummation of the transactions contemplated hereby (including assignment of leases without any change in terms), provided that neither CNYF nor any CNYF Subsidiary shall agree to make any payments or modifications to agreements in connection therewith without the prior written consent of Niagara Bancorp, and (B) requesting the delivery of appropriate opinions, consents and letters from its counsel and independent auditors. No party hereto shall take, or cause, or to the best of its ability permit to be taken, any action that would substantially impair the prospects of completing the Merger pursuant to this Agreement; provided that nothing herein contained shall preclude Niagara Bancorp or CNYF from exercising its rights under this Agreement or the Option Agreement. (b) CNYF shall prepare, subject to the review and consent of Niagara Bancorp with respect to matters relating to Niagara Bancorp and the transactions contemplated by this Agreement, a Proxy Statement to be filed by CNYF with the SEC and to be mailed to the shareholders of CNYF in connection with the meeting of its shareholders and transactions contemplated hereby, which Proxy Statement shall conform to all applicable legal requirements. The parties shall cooperate with each other with respect to the preparation of the Proxy Statement.