Ill. Admin. Code tit. 86, § 1910.96 - Evidence Depositions
a) In any
appeal before the Board in which a change in assessed valuation of $100,000 or
more is sought, and the parties are represented by attorneys, an evidence
deposition may be ordered by the Board at anytime prior to hearing upon a
showing that the person deposed will not be available to participate in the
hearing because of exceptional circumstances, such as impending death, illness,
imprisonment, relocation out of state, or other hardship, and the deposition of
that person is necessary for the preservation of relevant testimony. If the
person being deposed is not a party or an agent of a party to the appeal, the
Board shall issue a subpoena ordering the appearance of the person, as provided
for in Section
1910.68(a)
of this Part, in conjunction with the Board's evidence deposition
order.
b) A written request for an
evidence deposition, and corresponding subpoena, if necessary, shall be served
on the Board and all other parties to the appeal. Within 21 days after receipt
of a deposition request, a party may file a response.
c) A Board order for the taking of a
deposition, and corresponding subpoena, if necessary, may provide that any
designated books, papers, or documents, not privileged, be produced at the same
time and place the deposition is scheduled.
d) All parties to the appeal and the Board
shall have the right to confront and cross-examine any witness whose deposition
is taken. Any party may waive that right by serving written notice on all other
parties, including the Board.
e)
Depositions shall be taken in the county of residence or of employment of the
witness, as specified in Illinois Supreme Court Rule 203, unless the witness
waives this right in writing.
f)
Failure to obey a Board order, and corresponding subpoena, if necessary, for
deposition shall result in the same sanctions as provided in Section
1910.68(e)
of this Part for failure to comply with a subpoena.
Notes
Added at 30 Ill. Reg. 10103, effective May 16, 2006
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