Commentaries on the Law of Evidence in Civil Cases, Volume 4

Burr W. Jones, Louis Horwitz

Bancroft-Whitney, 1914 - Civil procedure

Contents

• Depositions to Perpetuate TestimonyManner of Application for Order 701a SameNotice of Time and Place 701b SameManner of Taking Deposition...: 1
• Evidence in General 18g: 2
• Depositions De Bene Esse in the Federal Courts: 16
• 638a Same Continued: 23
• SameNames of WitnessesOf the Court and Officer: 29
• 644a AmendmentFailure to CompleteReexaminationLoss: 41
• Procedure in Obtaining the Commission: 48
• Control Over Depositions: 56
• 655a SameDepositions Under Acts of Congress: 72
• How Compliance With the Statutes is to Appear: 78
• SameNames of Witnesses Officer: 89
• SamePlace of Taking: 94
• Mode of TakingReduced to Writing: 97
• Interpreters: 101
• Persons Competent to Take Depositions: 104
• Comity Between States: 109
• Attendance and Examination of Witnesses 797: 111
• Mode of Taking and Returning DepositionsOut of the State: 112
• 669a Written Interrogatories 669b SameOral Interrogatories: 113
• 669c SameDuty of the Commissioner 669d Mode of Taking and Returning DepositionsWithin the State: 114
• 669e SameCompelling Attendance and Production of Papers: 116
• 669f SameForm and Other Requisites 670 IrregularitiesAs to Names: 117
• Waiver of Objections: 121
• SameObjections to the Authority of the Commissioner: 125
• When Objections are to be Made: 128
• Mere General Objections: 132
• Renewal of ObjectionsWaiver Appellate Court 676 Objections to the SubstanceWhen Made: 137
• Statutory Provisions as to Objections: 140
• Depositions not Admissible Unless Cause Therefor Continues: 141
• SameModifications of the RuleStatutes 680 Continuance of the CauseHow Inferred: 149
• Use in Other Actions: 153
• Use of Depositions on Second Trial 683 If Used in Other ActionsIssues and Parties to be Substantially the Same: 156
• Control and Use of Depositions: 163
• Use of Portions of Depositions: 168
• Suppression of Depositions: 175
• Grounds for Suppression: 177
• SameWhere Party is Deprived of Right of Crossexamination Other Than by Want of Notice: 180
• SameRefusal of Witness to Answer: 183
• Suppression for Noncompliance With Statute Irregularities: 187
• Suppression of Parts of Depositions: 191
• Same Miscellaneous: 192
• WithdrawalAmendments: 195
• The CertificateThe Notice: 200
• The Caption: 207
• Adjournments: 208
• Presence of Party When Deposition is Taken on Commission: 212
• Retaking Depositions: 213
• Exhibits to Depositions: 218
• VOLUME III: 225
• Depositions Taken in Foreign CountriesLetters Rogatory: 226
• 700a SameIn Suits Where United States or Foreign Government is Party or has InterestTaken Abroad for Use in the United States: 229
• 700b SameTaken in the United States for Use Abroad: 230
• CHAPTER 19: 236
• TABLE OF CASES: 248
• Statutory Discovery: 252
• Same Continued: 259
• 704a Practice in Federal Courts: 264
• Effect of Statutes upon Former Remedy: 267
• Scope of the Examination: 271
• Examination Under Control of the Court: 277
• 707a Same Continued: 280
• PrivilegeSelfcrimination: 282
• Inspection of Books and Papers: 289
• Inspection of Documents in the United States Courts Before Trial by Bill of Discovery Only: 290
• 710a Same Continued: 293
• VOLUME IV: 298
• CHAPTER 20: 310
• Competency of WitnessesOath: 312
• Objection to Competency for Want of BeliefHow Raised 714 Former RuleHow Changed by Statutes: 324
• Oath or Equivalent Still Required: 328
• Infamy as a Ground of Incompetency: 335
• SameEffect of Crime Committed in Foreign Country or Sister State: 338
• DisabilityHow ProvedHow Removed: 340
• Incapacity as a Ground of IncompetencyIdiotsMutes: 347
• IncapacityWant of: 350
• Mode of Determining Capacity of ChildrenThe Tests to be Applied: 355
• Degree of Credit to be Given Such TestimonyAdult Testimony as to Occurrences in Childhood: 360
• Want of CapacityInsanity: 364
• SameDrunkennessDefective Memory: 372
• Interest in the Result: 377
• Parties Formerly Incompetent Witnesses: 381
• Exceptions to the Ancient RulePractice in Equity: 383
• Parties were not Compelled to Testify for the AdversaryRule in Criminal Cases: 386
• Effect of Statutes on Competency of Parties as Witnesses: 387
• Same Continued: 395
• 732 Competency of PartiesCorporators: 399
• Husband and Wife Incompetent Witnesses 734 SameThe Rule in Criminal Cases: 408
• Same Confidential Communications: 415
• Duration of Disability 737 Matters Which may be Disclosed After Marriage Relation Ceases 738 SameActions for Criminal Conversation: 435
• Waiver: 439
• ExceptionsAgency: 443
• Proof of the Agency: 448
• Evidence of Husband and Wife Tending to Criminate or Contradict the OtherCollateral Proceedings: 451
• Other Exceptions to the General RuleDivorce: 455
• The Marriage to be Proved by the Party Objecting: 457
• Effect of Statutes on the Subject: 460
• 745a Same Continued: 463
• Same Continued: 470
• General Tendency of the Statutes: 474
• Attorneys not Allowed to Disclose Confidential Communications 748a SameDuty and Power of the Court: 482
• SameThe Privilege That of the ClientNot Confined to Cases Pending: 483
• Communications must be in the Nature of Professional Intercourse: 499
• 751a SameDrawing Deeds and Mortgages: 504
• 751b SameEmployees of AttorneyThird PersonsOpposite Party 752 Privilege Does not Extend to Information Gained in a Casual Man nerAttorney a...: 506
• Privilege not Allowed in Furtherance of Crime or Fraud: 516
• Attorney may be Witness for ClientLitigation Between Attorney and Client: 521
• Instructions for Drawing Wills: 526
• Waiver of the PrivilegeAttestation by Attorney 757 Statutes on the Subject: 539
• Communications to Clergyman 759 Communications Between Physician and PatientStatutes: 543
• Confined to Information Gained in the Performance of Professional Duty: 550
• 760a Duration of Privilege: 563
• Waiver of the PrivilegePresence of Third Parties: 565
• Privileged CommunicationsAffairs of State: 576
• Arbitrators: 585
• Judges as Witnesses: 586
• Privilege as to Transactions in the JuryroomGrand Jurors: 590
• SamePetit JurorsWhen Juror may be Witness: 596
• Evidence Showing Misconduct of Jurors: 605
• Accomplices: 610
• SameCredibility: 611
• What Facts may Serve as Corroboration of Accomplices: 613
• Telegrams not PrivilegedOther Confidential Statements 772 Competency of Witnesses as to Transactions With Deceased Persons Statutes: 621
• Reasons for StatutesLimitationsPersons Affected 774 General Scope of Statutes: 636
• 774a SameMeaning of Their Terms: 637
• Nature of the Disqualifying Interest: 643
• 775a SameAs to Stockholders: 657
• When the Disability ArisesAssignees: 663
• 776a SameRepresentatives: 681
• Nominal and Real Parties: 689
• Mere Relationship Does not Disqualify: 703
• DoneesLegateesDeviseesHeirsSuretiesGarnishees: 711
• Waiver Construction of Statutes: 726
• Waiver by Examining Adverse PartyDepositions: 732
• SameFormer Trials: 751
• Waiver by Calling Other Witnesses to the Transaction or Communi cation: 758
• Waiver by Crossexamination of Adverse Party: 767
• Meaning of Term Transaction: 785
• Same Continued: 806
• Transactions With Partners: 828
• Transactions With Agents: 839
• Agents Representing Corporations: 851
• The Rule When Third Persons are Present: 859
• The Rule in Respect to Accountbooks: 866
• Further Applications of the RuleWills: 871
• CopartiesTrustees: 885
• Exclusion of Persons Under Whom Others Claim Title: 893
• Statutes Excluding Any Matter Occurring Before Death 796 Mode of Ascertaining Competency of WitnessesVoir Dire 796a Witness Required to Te...: 927

Bibliographic information

• Title: Commentaries on the Law of Evidence in Civil Cases, Volume 4; Commentaries on the Law of Evidence in Civil Cases, Louis Horwitz
• Authors: Burr W. Jones, Louis Horwitz
• Publisher: Bancroft-Whitney, 1914
• Original from: the University of California
• Digitized: Oct 9, 2008