Belding-Corticelli Ltd. v. Kaufman

DICKINSON, District Judge.

Ignoring the distinction among letters rogatory, commissions dedimus potestatem, and other methods of taking testimony by deposition in advance of a trial in open court, we start with the admitted proposition that a court may, in the absence of legislative enactment, enforce the taking of such testimony. When the deposition is taken within the territorial juris*992diction of the court, it may and usually is taken under a mere rule, and the attendance of the witness is compelled by the issuance of the ordinary subpoena process from the court. When, however, the witness is…