(a) When, how, and by whom taken. The deposition of any witness may
be taken at any stage of the proceeding at reasonable times. Depositions
may be taken by oral examination or upon written interrogatories before
any person having power to administer oaths.
(b) Application. Any party desiring to take the deposition of a
witness shall indicate to the witness and all other parties the time
when, the place where, and the name and post office address of the
person before whom the deposition is to be taken; the name and address
of each witness; and the subject matter
concerning which each such witness is expected to testify.
(c) Notice. Notice shall be given for the taking of a deposition,
which shall not be less than five (5) days written notice when the
deposition is to be taken within the continental United States and not
less than twenty (20) days written notice when the deposition is to be
taken elsewhere. A copy of the Notice shall not be filed with the Office
of Administrative Law Judges unless the presiding judge so orders, the
document is being offered into evidence, the document is submitted in
support of a motion or a response to a motion, filing is required by a
specialized rule, or there is some other compelling reason for its
submission.
(d) Taking and receiving in evidence. Each witness testifying upon
deposition shall be sworn, and any other party shall have the right to
cross-examine. The questions propounded and the answers thereto,
together with all objections made, shall be reduced to writing; read by
or to, and subscribed by the witness; and certified by the person
administering the oath. Subject to such objections to the questions and
answers as were noted at the time of taking the deposition and which
would have been valid if the witness were personally present and
testifying, such deposition may be read and offered in evidence by the
party taking it as against any party who was present or represented at
the taking of the deposition or who had due notice thereof.
(e) Motion to terminate or limit examination. During the taking of a
deposition, a party or deponent may request suspension of the deposition
on grounds of bad faith in the conduct of the examination, oppression of
a deponent or party or improper questions propounded. The deposition
will then be adjourned. However, the objecting party or deponent must
immediately move the administrative law judge for a ruling on his or her
objections to the deposition conduct or proceedings. The administrative
law judge may then limit the scope or manner of the taking of the
deposition.
[48 FR 32538, July 15, 1983; 49 FR 2739, Jan. 20, 1984; 59 FR 41877,
Aug. 15, 1994]
