(1) Examination and cross-examination of the
witness shall proceed as would be permitted at the hearing and under those
rules of evidence applicable to proceedings conducted pursuant to the Georgia
Administrative Procedure Act. The officer before whom the deposition is to be
taken shall put the witness on oath and shall personally record the testimony
of the witness. The testimony shall either be taken stenographically and shall
be transcribed or shall be taken by video deposition. All objections made at
the time of examination to the qualifications of the officer taking the
deposition, or to the manner of taking it, or to the evidence presented, or to
the conduct of any party, and any other objections to the proceedings, shall be
noted by the officer upon the deposition. Evidence objected to shall be taken
subject to the objection.
errors and irregularities in the notice of taking testimony by deposition shall
be deemed waived unless written objection thereto is served upon the Board
prior to the deposition. Objections to taking testimony by depositions because
of disqualification of the officer before whom it is to be taken shall be
deemed waived unless made before the deposition begins or as soon thereafter as
the disqualification becomes known or could be discovered with reasonable
(3) Objections to the
competency of a witness are not waived by failure to make them before or during
the deposition, unless the ground of the objection is one which might have been
obviated or removed if presented at that time. Errors and irregularities
occurring at the taking of the testimony in the manner of taking the
deposition, in the form that the questions are answered, in the oath of
affirmation, or in the conduct of the parties, and errors of any kind which
might be obviated, removed or cured if properly presented, shall be deemed
waived unless reasonable objection thereto is made at the deposition.
(4) Errors and irregularities in the manner
in which the testimony is transcribed or the deposition is prepared, certified,
sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer
taking the testimony are waived unless a motion to suppress the deposition or
some part thereof is made with reasonable promptness after such defect is, or
with due diligence might have been, ascertained.
(5) The transcript of the deposition or the
video deposition must be certified by a court reporter in order to be accepted
as evidence upon filing with the Board or its designee.
Ga. Comp. R. & Regs.
Original Rule entitled
"Conduct of the Deposition" adopted. F. Jun. 20,
2014; eff. July 10, 2014.