Common use of Committee Action Clause in Contracts

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. The amendments are technical. No substantive change is intended. The Federal Rules of Evidence, referred to in subsec. (e), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Subd. (a). Pub. L. 98–473 substituted ‘‘detained pursu- ant to section 3144 of title 18, United States Code’’ for ‘‘committed for failure to give bail to appear to testify at a trial or hearing’’. Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17.

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. CONFERENCE COMMITTEE NOTES, HOUSE REPORT NO. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—2002 AMENDMENT The Federal language of Rule 15 has been amended as part of the general restyling of the Criminal Rules of Evidenceto make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, referred to in subsecexcept as noted below. (eTITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE In Rule 15(a), are set out in the Appendix list of materials to Title 28, Judiciary and Judicial Procedure. Subd. (a). Pub. L. 98–473 substituted be produced has been amended to include the expansive term ‘‘detained pursu- ant data’’ to section 3144 reflect the fact that in an increasingly technological culture, the information may exist in a format not al- ready covered by the more conventional list, such as a book or document. The last portion of title 18current Rule 15(b), United States Code’’ for ‘‘committed for failure to give bail to appear to testify dealing with the defendant’s presence at a trial or hearing’’. Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17has been moved to amended Rule 15(c).

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. CONFERENCE COMMITTEE NOTES, HOUSE REPORT NO. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—2002 AMENDMENT The Federal language of Rule 15 has been amended as part of the general restyling of the Criminal Rules of Evidenceto make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, referred to in subsecexcept as noted below. (eIn Rule 15(a), are set out in the Appendix list of materials to Title 28, Judiciary and Judicial Procedure. Subd. (a). Pub. L. 98–473 substituted be produced has been amended to include the expansive term ‘‘detained pursu- ant data’’ to section 3144 reflect the fact that in an increasingly technological culture, the information may exist in a format not al- ready covered by the more conventional list, such as a book or document. The last portion of title 18current Rule 15(b), United States Code’’ for ‘‘committed for failure to give bail to appear to testify dealing with the defendant’s presence at a trial or hearing’’. Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17has been moved to amended Rule 15(c).

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. The amendments are technical. No substantive change is intended. TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE The Federal language of Rule 15 has been amended as part of the general restyling of the Criminal Rules of Evidenceto make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, referred to in subsecexcept as noted below. (eIn Rule 15(a), are set out in the Appendix list of materials to Title 28, Judiciary and Judicial Procedure. Subd. (a). Pub. L. 98–473 substituted be produced has been amended to include the expansive term ‘‘detained pursu- ant data’’ to section 3144 reflect the fact that in an increasingly technological culture, the information may exist in a format not al- ready covered by the more conventional list, such as a book or document. The last portion of title 18current Rule 15(b), United States Code’’ for ‘‘committed for failure to give bail to appear to testify dealing with the defendant’s presence at a trial or hearing’’. Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17has been moved to amended Rule 15(c).

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. CONFERENCE COMMITTEE NOTES, HOUSE REPORT NO. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (e), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 1984 AMENDMENT Subd. (a). Pub. L. 98–473 substituted ‘‘detained pursu- ant to section 3144 of title 18, United States Code’’ for ‘‘committed for failure to give bail to appear to testify at a trial or hearing’’. 1975 AMENDMENT Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). EFFECTIVE DATE OF AMENDMENTS PROPOSED APRIL 22, 1974; EFFECTIVE DATE OF 1975 AMENDMENTS Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. FEDERAL RULES OF CIVIL PROCEDURE Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. CROSS REFERENCES Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17.

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. CONFERENCE COMMITTEE NOTES, HOUSE REPORT NO. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE COMMITTEE NOTES ON RULES—2002 AMENDMENT The Federal language of Rule 15 has been amended as part of the general restyling of the Criminal Rules of Evidenceto make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, referred to in subsecexcept as noted below. (eIn Rule 15(a), are set out in the Appendix list of materials to Title 28, Judiciary and Judicial Procedure. Subd. (a). Pub. L. 98–473 substituted be produced has been amended to include the expansive term ‘‘detained pursu- ant data’’ to section 3144 reflect the fact that in an increasingly technological culture, the information may exist in a format not al- ready covered by the more conventional list, such as a book or document. The last portion of title 18current Rule 15(b), United States Code’’ for ‘‘committed for failure to give bail to appear to testify dealing with the defendant’s presence at a trial or hearing’’. Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17has been moved to amended Rule 15(c).

Committee Action. The Committee narrowed the definition of ‘‘unavailability’’ in subdivision (g). The Committee deleted language from that subdivision that provided that a witness was ‘‘unavailable’’ if the court exempts him from testifying at the trial on the ground TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 66 of privilege. The Committee does not want to encour- age the use of depositions at trial, especially in view of the importance of having live testimony from a witness on the witness stand. The Committee added a provision to subdivision (b) to parallel the provision of Rule 43(b)(2). This is to make it clear that a disruptive defendant may be re- moved from the place where a deposition is being taken. The Committee added language to subdivision (c) to make clear that the government must pay for the cost of the transcript of a deposition when the deposition is taken at the instance of an indigent defendant or of the government. In order to use a deposition at trial, it must be transcribed. The proposed rule did not explic- itly provide for payment of the cost of transcribing, and the Committee change rectifies this. The Committee notes that subdivision (e) permits the use of a deposition when the witness ‘‘gives testimony at the trial or hearing inconsistent with his deposi- tion.’’ Since subdivision (e) refers to the rules of evi- dence, the Committee understands that the Federal Rules of Evidence will govern the admissibility and use of the deposition. The Committee, by adopting subdivi- sion (e) as proposed to be amended by the Supreme Court, intends the Federal Rules of Evidence to govern the admissibility and use of the deposition. The Committee believes that Rule 15 will not encour- age trials by deposition. A deposition may be taken only in ‘‘exceptional circumstances’’ when ‘‘it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved. * * *’’ A dep- osition, once it is taken, is not automatically admissi- ble at trial, however. It may only be used at trial if the witness is unavailable, and the rule narrowly defines unavailability. The procedure established in Rule 15 is similar to the procedure established by the Organized Crime Control Act of 1970 for the taking and use of depositions in organized crime cases. See 18 U.S.C. 3503. 94–414; 1975 AMENDMENT Rule 15 deals with the taking of depositions and the use of depositions at trial. Rule 15(e) permits a deposi- tion to be used if the witness is unavailable. Rule 15(g) defines that term. The Supreme Court’s proposal defines five circum- stances in which the witness will be considered unavail- able. The House version of the bill deletes a provision that said a witness is unavailable if he is exempted at trial, on the ground of privilege, from testifying about the subject matter of his deposition. The Senate ver- sion of the bill by cross reference to the Federal Rules of Evidence, restores the Supreme Court proposal. The Conference adopts the Senate provision. The amendments are technical. No substantive change is intended. The Federal language of Rule 15 has been amended as part of the general restyling of the Criminal Rules of Evidenceto make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, referred to in subsecexcept as noted below. (eTITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE In Rule 15(a), are set out in the Appendix list of materials to Title 28, Judiciary and Judicial Procedure. Subd. (a). Pub. L. 98–473 substituted be produced has been amended to include the expansive term ‘‘detained pursu- ant data’’ to section 3144 reflect the fact that in an increasingly technological culture, the information may exist in a format not al- ready covered by the more conventional list, such as a book or document. The last portion of title 18current Rule 15(b), United States Code’’ for ‘‘committed for failure to give bail to appear to testify dealing with the defendant’s presence at a trial or hearing’’. Pub. L. 94–64 amended subds. (a), (b), (c), and (e) gen- erally, struck out subd. (g), and redesignated subd. (h) as (g). Amendments of this rule embraced in the order of the United States Supreme Court on Apr. 22, 1974, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see section 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules. Deposition of witnesses upon written interrogatories, see rule 31, Title 28, Appendix, Judiciary and Judicial Procedure. Depositions, see rules 26 to 32 and 37. Interrogatories to a party, see rule 33. Affidavit upon motion, see rule 47. Assignment of counsel, see rule 44. Demands for production of statements and reports of witnesses, see section 3500 of this title. Subpoena and place for taking deposition, see rule 17has been moved to amended Rule 15(c).