(a) Generally. At the hearing, any part or all of a deposition, so
far as admissible under the rules of evidence, may be used against any
party who was present or represented at the taking of the deposition or
who had due notice thereof in accordance with any one of the following
provisions:
(1) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of the deponent as a witness.
(2) The deposition of expert witnesses, particularly the deposition
of physicians, may be used by any party for any purpose, unless the
administrative law judge rules that such use would be unfair or a
violation of due process.
(3) The deposition of a party or of anyone who at the time of taking
the deposition was an officer, director, or duly authorized agent of a
public or private corporation, partnership, or association which is a
party, may be used by any other party for any purpose.
(4) The deposition of a witness, whether or not a party, may be used
by any party for any purpose if the presiding officer finds:
(i) That the witness is dead; or
(ii) That the witness is out of the United States or more than 100
miles from the place of hearing unless it appears that the absence of
the witness was procured by the party offering the deposition; or
(iii) That the witness is unable to attend to testify because of
age, sickness, infirmity, or imprisonment; or
(iv) That the party offering the deposition has been unable to
procure the attendance of the witness by subpoena; or
(v) Upon application and notice, that such exceptional circumstances
exist at to make it desirable, in the interest of justice and with due
regard to the importance of presenting the testimony of witnesses orally
in open hearing, to allow the deposition to be used.
(5) If only part of a deposition is offered in evidence by a party,
any other party may require him or her to introduce all of it which is
relevant to the part introduced, and any party may introduce any other
parts.
(6) Substitution of parties does not affect the right to use
depositions previously taken; and, when a proceeding in any hearing has
been dismissed and another proceeding involving the same subject matter
is afterward brought between the same parties or their representatives
or successors in interest, all depositions lawfully taken and duly filed
in the former proceeding may be used in the latter as if originally
taken therefor.
(b) Objections to admissibility. Except as provided in this
paragraph, objection may be made at the hearing to receiving in evidence
any deposition or part thereof for any reason which would require the
exclusion of the evidence if the witness were then present and
testifying.
(1) Objections to the competency of a witness or to the competency,
relevancy, or materiality of testimony are not waived by failure to make
them before or during the taking of the deposition, unless the ground of
the objection is one which might have been obviated or removed if
presented at that time.
(2) Errors and irregularities occurring at the oral examination in
the manner of taking the deposition, in the form of the questions or
answers, in the oath or affirmation, or in the conduct of parties and
errors of any kind which might be obviated, removed, or cured if
promptly presented, are waived unless reasonable objection thereto is
made at the taking of the deposition.
(3) Objections to the form or written interrogatories are waived
unless served in writing upon the party propounding them.
(c) Effect of taking or using depositions. A party shall not be
deemed to make a person his or her own witness for any purpose by taking
his or her deposition. The introduction in evidence of the deposition or
any part thereof for any purpose other than that of contradicting or
impeaching the deponent makes the deponent the witness of the party
introducing the deposition, but this shall not apply to the use by any
other party of a deposition as described in paragraph (a)(2) of this
section. At the hearing, any party may rebut any relevant evidence
contained in a deposition whether introduced by him or her or by any
other party.
