 | William John Tossell - Law reports, digests, etc - 1900 - 948 pages
...sections of the statutes that control and govern this question. Section 5*202, Rev. Stat., is as follows: "An affidavit is a written declaration under oath, made without notice to the adverse party ; a deposition is a written declaration under oath, made upon notice to the adverse party; and oral... | |
 | United States - Law - 1962 - 810 pages
...jury or tribunal from the lips of the witness. Subchapter II — Affidavits § 2611. Affidavit defined An affidavit is a written declaration under oath, made without notice to the adverse party. § 2612. Use of affidavits 1 he examination of a witness, or a stay of proceedings, or upon a motion,... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1911 - 954 pages
...above announced concerning impotent writings. Section 544 of the Civil Code defines an affidavit to be a written declaration, under oath, made without notice to the adverse party, while section 468 of the Kentucky Statutes provides as follows : "Where the law requires any writing... | |
 | Wyoming. Supreme Court - Law reports, digests, etc - 1893 - 470 pages
...affidavit ; second, by deposition; third, by •oral examination. " Section 2610 defines each thus: "An affidavit is a written declaration under oath, made without notice to the adverse party; a deposition is a written declaration under oath, made upon notice to the adverse party; and oral testimony... | |
 | Guam, John A. Bohn - Civil procedure - 1970 - 528 pages
...By affidavit; 2. By deposition; 3. By oral examination. [Enacted 1953.] § 2003. Affidavit denned. An "affidavit" is a written declaration under oath, made without notice to the adverse party. [Enacted 1953.] § 2004. Deposition denned. A "deposition" is a written declaration, under oath, made... | |
 | Henry Campbell Black - Law - 1991 - 1266 pages
...affirmation of the party making it, taken before an officer having authority to administer such oath. An affidavit is a written declaration under oath, made without notice to the adverse party. Code Civil Proc. Cal. § 2003; Code Civil Proc. Dak. § 464. An affidavit is an oath in writing, sworn... | |
 | California - Civil procedure - 1925 - 608 pages
...witnesses is taken in three modes: 1. By affidavit; 2. By deposition; 3. By oral examination. 2003. An affidavit is a written declaration under oath, made without notice to the adverse party. 2004. A deposition is a written declaration, under oath, made upon notice to the adverse party, for... | |
 | Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - Law reports, digests, etc - 1906 - 1036 pages
...satisfy their claims. If such a case should arise a remedy could be found. The instrument in question is " a written declaration under oath, made without notice to the adverse party." (Gen. Stat. 1901, §4739.) It was sworn to before an officer authorized by law to administer oaths.... | |
 | United States. War Department - 1901 - 844 pages
...instrument, or property. AFFIDAVITS AND DEPOSITIONS. SEC. 348. Use of affidavit. — An affidavit, which is a written declaration under oath, made without notice to the adverse partj', may be used to verify the pleading or paper in a special proceeding to prove the service of... | |
 | Bancroft-Whitney Company - Actions and defenses - 1927 - 1196 pages
...Chap. VIII THE TRIAL. number of jurisdictions, and said to be the general definition of the term,16 is "a written declaration under oath made without notice to the adverse party."17 An affidavit is one method of taking an oath,18 and is a form of presenting testimony.19... | |
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A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. 
