Use of affidavits and depositions

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  • (a) Except as provided in section 697 of this title, an affidavit may be used —

    • (1) to prove the service of a summons, notice, or other paper in an action;

    • (2) to obtain a provisional remedy;

    • (3) to obtain the examination of a witness;

    • (4) to obtain a stay of proceedings;

    • (5) upon a motion; or

    • (6) in any other case expressly provided for by law or rules of court.

  • (b) In all cases other than those mentioned in subsection (a) of this section, where a written declaration under oath is used, it must be a deposition.


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