Title 2 — The CongressRelease 119-73
§387 Notice of depositions
Title 2 › Chapter CHAPTER 12— - CONTESTED ELECTIONS › § 387
Summary
To take an oral deposition, give the other side written notice at least two days before, listing the time, place, and names and addresses. File the deposition with the Clerk and attach the notice and proof of service. If both sides agree in writing, a deposition can be taken without notice and that agreement must be attached. Testimony may be an affidavit or written agreement but must meet section 386 time limits.
Full Legal Text
Title 2, §387
The Congress — Source: USLM XML via OLRC
(a)A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk.
(b)By written stipulation of the parties, the deposition of a witness may be taken without notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk.
(c)By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 386 of this title.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
Reference
Citations & Metadata
Citation
2 U.S.C. § 387
Title 2 — The Congress
Last Updated
Apr 6, 2026
Release point: 119-73