Title 2The CongressRelease 119-73

§391 Certification and filing of depositions

Title 2 › Chapter CHAPTER 12— - CONTESTED ELECTIONS › § 391

Last updated Apr 6, 2026|Official source

Summary

The officer who takes a deposition must certify that the witness was sworn and that the testimony is true. The officer must seal the deposition, any papers, and the notice in an envelope labeled with the case and witness, file it with the Clerk within 30 days, notify the parties, and provide copies for reasonable fees up to U.S. district court rates in that district.

Full Legal Text

Title 2, §391

The Congress — Source: USLM XML via OLRC

(a)The officer before whom any deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition, together with any papers produced by the witness and the notice of deposition or stipulation, if the deposition was taken without notice, in an envelope endorsed with the title of the contested election case and marked “Deposition of (here insert name of witness)” and shall within thirty days after completion of the witness’ testimony, file it with the Clerk.
(b)After filing the deposition, the officer shall promptly notify the parties of its filing.
(c)Upon payment of reasonable charges therefor, not to exceed the charges allowed in the district court of the United States for the district wherein the place of examination is located, the officer shall furnish a copy of deposition to any party or the deponent.

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. § 391

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73