Collapse to view only § 386. Deposition
- § 381. Definitions
- § 382. Notice of contest
- § 383. Response of contestee
- § 384. Service and filing of papers other than notice of contest
- § 385. Default of contestee
- § 386. Deposition
- § 387. Notice of depositions
- § 388. Subpena for attendance at deposition
- § 389. Officer and witness fees
- § 390. Penalty for failure to appear, testify, or produce documents
- § 391. Certification and filing of depositions
- § 392. Record
- § 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers
- § 394. Computation of time
- § 395. Death of contestant
- § 396. Allowance of party’s expenses
§ 381. Definitions
For purposes of this chapter:
(1) The term “election” means an official general or special election to choose a Representative in, or Delegate or Resident Commissioner to, the Congress, but that term does not include a primary election, or a caucus or convention of a political party.
(2) The term “candidate” means an individual (A) whose name is printed on the official ballot for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress, or (B) notwithstanding his name is not printed on such ballot, who seeks election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election.
(3) The term “contestant” means an individual who contests the election of a Member of the House of Representatives under this chapter.
(4) The term “contestee” means a Member of the House of Representatives whose election is contested under this chapter.
(5) The term “Member of the House of Representatives” means an incumbent Representative in, or Delegate or Resident Commissioner to, the Congress, or an individual who has been elected to such office but has not taken the oath of office.
(6) The term “Clerk” means the Clerk of the House of Representatives.
(7) The term “committee” means the Committee on House Oversight of the House of Representatives.
(8) The term “State” means a State of the United States and any territory or possession of the United States.
(9) The term “write-in vote” means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held.
(Pub. L. 91–138, § 2, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(1), (2), Aug. 20, 1996, 110 Stat. 1743, 1744.)
§ 382. Notice of contest
(a) Filing of notice
(b) Contents and form of notice
(c) Service of notice; proof of service
Service of the notice of contest upon contestee shall be made as follows:
(1) by delivering a copy to him personally;
(2) by leaving a copy at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein;
(3) by leaving a copy at his principal office or place of business with some person then in charge thereof;
(4) by delivering a copy to an agent authorized by appointment to receive service of such notice;
(5) by mailing a copy by registered or certified mail addressed to contestee at his residence or principal office or place of business. Service by mail is complete upon mailing; or
(6) the verified return by the person so serving such notice, setting forth the time and manner of such service shall be proof of same, and the return post office receipt shall be proof of the service of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to the Clerk promptly and in any event within the time during which the contestee must answer the notice of contest. Failure to make proof of service does not affect the validity of the service.
(Pub. L. 91–138, § 3, Dec. 5, 1969, 83 Stat. 284; Pub. L. 104–186, title II, § 211(3), Aug. 20, 1996, 110 Stat. 1744.)
§ 383. Response of contestee
(a) Answer
(b) Defenses by motion prior to answer
At the option of contestee, the following defenses may be made by motion served upon contestant prior to contestee’s answer:
(1) Insufficiency of service of notice of contest.
(2) Lack of standing of contestant.
(3) Failure of notice of contest to state grounds sufficient to change result of election.
(4) Failure of contestant to claim right to contestee’s seat.
(c) Motion for more definite statement
(d) Time for serving answer after service of motion
(Pub. L. 91–138, § 4, Dec. 5, 1969, 83 Stat. 285.)
§ 384. Service and filing of papers other than notice of contest
(a) Modes of service
Except for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made:
(1) by delivering a copy to him personally;
(2) by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or
(3) by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing.
(b) Filing of papers with clerk
(c) Proof of service
(Pub. L. 91–138, § 5, Dec. 5, 1969, 83 Stat. 286.)
§ 385. Default of contestee
The failure of contestee to answer the notice of contest or to otherwise defend as provided by this chapter shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee’s seat.
(Pub. L. 91–138, § 6, Dec. 5, 1969, 83 Stat. 286.)
§ 386. Deposition
(a) Oral examination
(b) Scope of examination
(c) Order and time of taking testimony
The order in which the parties may take testimony shall be as follows:
(1) Contestant may take testimony within thirty days after service of the answer, or, if no answer is served within the time provided in section 383 of this title, within thirty days after the time for answer has expired.
(2) Contestee may take testimony within thirty days after contestant’s time for taking testimony has expired.
(3) If contestee has taken any testimony or has filed testimonial affidavits or stipulations under section 387(c) of this title, contestant may take rebuttal testimony within ten days after contestee’s time for taking testimony has expired.
(d) Officer before whom testimony may be taken
(e) Subpena
(f) Taking of testimony by party or his agent
(g) Conduct of examination; recordation of testimony; notation of objections; interrogatories
(h) Examination of deposition by witness; signature of witness or officer; use of deposition
(Pub. L. 91–138, § 7, Dec. 5, 1969, 83 Stat. 286.)
§ 387. Notice of depositions
(a) Time for service; form
(b) Testimony by stipulation
(c) Testimony by affidavit; time for filing
(Pub. L. 91–138, § 8, Dec. 5, 1969, 83 Stat. 287.)
§ 388. Subpena for attendance at deposition
(a) Issuance
Upon application of any party, a subpena for attendance at a deposition shall be issued by:
(1) a judge or clerk of the United States district court for the district in which the place of examination is located;
(2) a judge or clerk of any court of record of the State in which the place of examination is located; or
(3) a judge or clerk of any court of record of the county in which the place of examination is located.
(b) Time, method, and proof of service
(c) Place of examination
(d) Form
(e) Production of documents
(Pub. L. 91–138, § 9, Dec. 5, 1969, 83 Stat. 288.)
§ 389. Officer and witness fees
(a) Each judge, clerk of court, or other officer who issues any subpena or takes a deposition and each person who serves any subpena or other paper herein authorized shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the district courts of the United States.
(b) Witnesses whose depositions are taken shall be entitled to receive from the party at whose instance the witness appeared the same fees and travel allowance paid to witnesses subpenaed to appear before the House of Representatives or its committees.
(Pub. L. 91–138, § 10, Dec. 5, 1969, 83 Stat. 288.)
§ 390. Penalty for failure to appear, testify, or produce documents
Every person who, having been subpenaed as a witness under this chapter to give testimony or to produce documents, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the contested election case, shall be deemed guilty of a misdemeanor punishable by fine of not more than $1,000 nor less than $100 or imprisonment for not less than one month nor more than twelve months, or both.
(Pub. L. 91–138, § 11, Dec. 5, 1969, 83 Stat. 288.)
§ 391. Certification and filing of depositions
(a) Sealing of papers; deposit with clerk
(b) Notification of filing
(c) Copy of deposition to parties or deponents
(Pub. L. 91–138, § 12, Dec. 5, 1969, 83 Stat. 289.)
§ 392. Record
(a) Hearing on papers, depositions, and exhibits
(b) Appendix to contestant’s brief
(c) Appendix to contestee’s brief
(d) Contestant’s brief; service on contestee
(e) Contestee’s brief; service on contestant
(f) Reply brief of contestant
(g) Form of briefs; number of copies served and filed
(Pub. L. 91–138, § 13, Dec. 5, 1969, 83 Stat. 289.)
§ 393. Filing of pleadings, motions, depositions, appendixes, briefs, and other papers
(a) Filings of pleadings, motions, depositions, appendixes, briefs, and other papers shall be accomplished by:
(1) delivering a copy thereof to the Clerk of the House of Representatives at his office in Washington, District of Columbia, or to a member of his staff at such office; or
(2) mailing a copy thereof, by registered or certified mail, addressed to the Clerk at the House of Representatives, Washington, District of Columbia: Provided, That if such copy is not actually received, another copy shall be filed within a reasonable time; and
(3) delivering or mailing, simultaneously with the delivery or mailing of a copy thereof under paragraphs (1) and (2) of this subsection, such additional copies as the committee may by rule prescribe.
(b) All papers filed with the Clerk pursuant to this chapter shall be promptly transmitted by him to the committee.
(Pub. L. 91–138, § 14, Dec. 5, 1969, 83 Stat. 289.)
§ 394. Computation of time
(a) Method of computing time
(b) Service by mail
(c) Enlargement of time
(Pub. L. 91–138, § 15, Dec. 5, 1969, 83 Stat. 290.)
§ 395. Death of contestant
In the event of the death of the contestant, the contested election case shall abate.
(Pub. L. 91–138, § 16, Dec. 5, 1969, 83 Stat. 290.)
§ 396. Allowance of party’s expenses
The committee may allow any party reimbursement from the applicable accounts of the House of Representatives of his reasonable expenses of the contested election case, including reasonable attorneys fees, upon the verified application of such party accompanied by a complete and detailed account of his expenses and supporting vouchers and receipts.
(Pub. L. 91–138, § 17, Dec. 5, 1969, 83 Stat. 290; Pub. L. 104–186, title II, § 211(4), Aug. 20, 1996, 110 Stat. 1744.)