[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.61]

[Page 388]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents
 
Sec. 92.61  Transcription and signing of record of examination.

    After the examination of a witness is completed, the stenographic 
record of the examination must be fully transcribed and the 
transcription attached securely to any document or documents to which 
the testimony in the record pertains. (See Sec. 92.63 regarding the 
arrangement of papers.) The transcribed deposition must then be 
submitted to the witness for examination and read to or by him, unless 
such examination and reading are waived by the witness and by the 
parties to the action. Any changes in form or substance desired by the 
witness should be entered upon the deposition by the notarizing officer 
with a statement of the reasons given by the witness for making the 
changes. The witness should then sign the transcript of his deposition 
and should initial in the margin each correction made at his request. 
However, the signature and initials of the witness may be omitted if the 
parties to the action by stipulation waive the signing or if the witness 
is ill, refuses to sign, or cannot be found. If the deposition is not 
signed by the witness, the notarizing officer should sign it and should 
state on the record the reason for his action, i.e., the waiver of the 
parties, the illness or absence of the witness, or the refusal of the 
witness to sign, giving the reasons for such refusal. The deposition may 
then be used as though signed by the witness except when, on the motion 
to suppress, the court holds that the reasons given for the refusal to 
sign require the rejection of the deposition in whole or in part. (Rules 
30 (e) and 31 (b), Rules of Civil Procedure for the District Courts of 
the United States.)

[22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51723, Oct. 3, 1995]