Common use of When Taken Clause in Contracts

When Taken. Whenever due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective wit- ness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced at the same time and place. If a wit- ness is detained pursuant to section 3144 of title 18, United States Code, the court on written mo- tion of the witness and upon notice to the par- ties may direct that the witness’ deposition be taken. After the deposition has been subscribed the court may discharge the witness.