de bene esse, deposition

de bene esse, deposition
n.
A deposition of a witness done just in case the witness cannot appear at trial, so that the litigant will have the testimony regardless. Also called examination de bene esse

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

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  • deposition de bene esse — A deposition taken during the pendency of an action for use as evidence therein, provided the personal attendance of the witness for oral examination cannot be secured. 23 Am J2d Dep § 2 …   Ballentine's law dictionary

  • De bene esse — is a Latin phrase meaning of well being. In an American legal context, it means conditionally, provisionally, or in anticipation of future need. It can also mean A phrase applied to proceedings which are taken ex parte or provisionally and are… …   Wikipedia

  • de bene esse — /diy biyniy esiy/da biyniy/. Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject… …   Black's law dictionary

  • de bene esse — /diy biyniy esiy/da biyniy/. Conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject… …   Black's law dictionary

  • de bene esse — Of present, temporary validity; for what it is worth; conditionally; provisionally; subject to a defeasance of condition subsequent. See deposition de bene esse …   Ballentine's law dictionary

  • deposition — de·po·si·tion /ˌde pə zi shən/ n [Late Latin depositio testimony, from Latin, act of depositing, from deponere to put down, deposit] 1 a: a statement that is made under oath by a party or witness (as an expert) in response to oral examination or… …   Law dictionary

  • commission de bene esse — noun A commission appointed to take evidence by deposition where the deponent is unwilling or unable to come to court and the court cannot compel the witness/deponent …   Wiktionary

  • examination de bene esse — A provisional examination of a witness. An examination of a witness whose testimony is important and might otherwise be lost, held out of court and before the trial, with the proviso that the deposition so taken may be used on the trial in case… …   Black's law dictionary

  • examination de bene esse — A provisional examination of a witness. An examination of a witness whose testimony is important and might otherwise be lost, held out of court and before the trial, with the proviso that the deposition so taken may be used on the trial in case… …   Black's law dictionary

  • deposition — The testimony of a witness taken upon oral question or written interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing… …   Black's law dictionary

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