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BROWN v. ISTHMIAN S.S. CORP.

July 26, 1948

BROWN
v.
ISTHMIAN STEAMSHIP CORPORATION



The opinion of the court was delivered by: KIRKPATRICK

The single question upon which both the above motions depends is:

Has a party to a suit in admiralty the right to take the testimony of the other party by deposition upon oral examination for the purpose of discovery?

 The Admiralty Rules promulgated by the Supreme Court, 28 U.S.C.A. as revised, provide for written interrogatories to be answered under oath by a party. Admiralty Rule 31 covering this point is a counterpart of Rule 33 (as originally adopted) of the Federal Rules of Civil Procedure, 28 U.S.C.A. However, there is no admiralty rule corresponding to Rule 26 of the Federal Rules of Civil Procedure, which authorizes oral examination of a party before trial for the purpose of discovery, or providing for such procedure in express terms.

 In the absence of a rule, 'modes of proceeding in suits * * * of admiralty * * * shall be according to the principles, rules, and usages which belong to courts * * * of admiralty * * * ', 28 U.S.C.A. § 723; *fn1" United States Revised Statutes Sec. 913; Mar. 3, 1911 c. 231, Sec. 291, 36 Stat. 1167.

 The respondent's motion is granted.

 The libellant's motion is ...


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