Ariz. Admin. Code § R20-5-142 - In-state Oral Depositions
A. A
party may take the oral deposition of another party or a witness residing in
Arizona by serving a Notice of Deposition by Oral Examination upon the deponent
and every party at least 10 days before the date of the oral deposition and at
least 40 days before the first scheduled hearing.
B. A party may file with the presiding
administrative law judge a written objection to the taking of an oral
deposition within five days after service of the Notice of Deposition. If no
request for hearing has been filed, a party shall file the written objection
with the chief administrative law judge. The party objecting to the deposition
shall:
1. State the basis for objecting to
the deposition; and
2. Serve a copy
of the party's objections on all parties.
C. The oral deposition shall not commence
until the presiding administrative law judge rules on the written objection.
The presiding administrative law judge shall rule on the written objection to
the taking of an oral deposition within seven days after a party files a
written objection by:
1. Ordering the
deposition to proceed;
2. Ordering
the deposition not be taken; or
3.
Entering any other appropriate protective order.
D. The party taking the deposition shall
comply with the Arizona Rules of Civil Procedure governing the taking of
depositions.
E. The expense of any
deposition shall be borne by the party taking the deposition but shall not
include the expense of any other interested party.
F. A presiding administrative law judge shall
not cancel or continue a hearing because a party fails to take or complete a
deposition under this Section.
G. A
deposition taken under this Section shall only be used to impeach a witness
during a hearing, except that, in the exercise of discretion, the presiding
administrative law judge may admit a deposition into evidence for another
purpose if:
1. The deponent is deceased at the
time of the hearing, or
2. All
parties agree.
H. A
party may take a telephonic deposition under this Section either by agreement
of the parties or by order of the presiding administrative law judge in the
exercise of the judge's discretion.
Notes
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