Title 2, The CongressRelease 119-110

§391 Certification and Filing of Depositions

Title 2 › CHAPTER 12 — CONTESTED ELECTIONS › § 391

Last updated Sep 22, 2026|Official source

Summary

The officer who takes a deposition must say on the record that the witness was sworn and that the paper shows what the witness said. The officer must put the deposition, any papers the witness gave, and the notice or agreement (if there was no notice) into a sealed envelope labeled with the case title and "Deposition of [name]" and file it with the court clerk within thirty days after the witness finishes testifying. After filing, the officer must quickly tell the parties it was filed. Anyone (a party or the witness) can get a copy if they pay reasonable fees. Those fees cannot be higher than what the federal district court in the district where the deposition took place allows.

Full Legal Text

Title 2, §391

The Congress, Source: USLM XML via OLRC

(a)Sealing of papers; deposit with clerk
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)Notification of filing
After filing the deposition, the officer shall promptly notify the parties of its filing.
(c)Copy of deposition to parties or deponents
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 2, The Congress

Last Updated

Sep 22, 2026

Release point: 119-110