Curved Electrotype Plate Co. v. United States

Citations

• 42 Ct. Cl. 268
• 1907 U.S. Ct. Cl. LEXIS 59
• 1907 WL 915

Syllabus

<p>On the defendants’ Motion.</p> <p>Both parties close their evidence and give notice that they have done so. Subsequently the claimant gives notice to the defendants of the taking of testimony in Philadelphia. The testimony taken is substantially evidence in chief and not in rebuttal. The defendants’ counsel objects to every interrogatory upon that ground.</p> <p>I. The established rule of practice in this court is that when parties have closed their proofs and noted that fact upon the notice book new testimony can not be taken by either without an order of the court.</p> <p>II. Tlie application to the court for leave to take further testimony must show the grounds upon which the application rests, 'the issue upon which it will be used, etc., etc.</p> <p>III. Where a party has taken testimony without the leave of the court and under the objection of the other party, a deposition so taken will he suppressed on motion.</p>