Nev. Admin. Code § 618.818 - Depositions
Current through October 13, 2021
NRS 618.295, 618.585
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NAC 618.818 Depositions. (NRS 618.295, 618.585)
1. An application to take the deposition of a witness in lieu of oral testimony must be in writing and must set forth the reasons the deposition must be taken, the name and address of the witness, the matters to which the witness will testify and the time and place proposed for the taking of the deposition. The application must be filed with the Board and served on all other parties and interveners not less than 7 days, if the deposition is to be taken within the continental United States, or not less than 15 days, if the deposition is to be taken elsewhere, before the time the deposition is to be taken. Where good cause has been shown, the Board will make and serve on the parties and interveners an order which specifies the name of the witness whose deposition is to be taken and the time, place and designation of the officer before whom the witness is to testify.
2. The deposition may be taken before any officer authorized to administer oaths by the laws of the State of Nevada or of the place where the examination is held. If the examination is held in a foreign country, it may be taken before any secretary of embassy or legation, consul general, consul, vice consul or consular agent of the United States.
3. At the time and place specified in the order, the officer designated to take the deposition shall permit the witness to be examined and cross-examined under oath by all parties appearing. The testimony of the witness must be typewritten by the officer or under the officer’s direction. All objections to questions or evidence are waived unless made at the examination. The officer may not rule upon any objection, but shall note them upon the deposition. The testimony must be subscribed by the witness in the presence of the officer who shall attach his or her certificate stating that the witness was sworn by the officer, that the deposition is a true record of the testimony and exhibits given by the witness, and that the officer is not of counsel or attorney to any of the parties nor interested in the proceeding. If the deposition is not signed by the witness because the witness is ill, dead, cannot be found or refuses to sign it, this fact must be included in the certificate of the officer and the deposition may be used as though signed. The officer shall immediately deliver an original and four copies of the transcript, together with the officer’s certificate, in person or by registered mail to the Chief.
4. The Board will rule upon the admissibility of the deposition or any part of the deposition.
5. All errors or irregularities in compliance with the provisions of this section are waived unless a motion to suppress the deposition or a part of it is made with reasonable promptness after the defect is, or with due diligence might have been, discovered.
6. If the parties stipulate in writing, depositions may be taken before any person at any time or place, upon any notice and in any manner, and when so taken, may be used as other depositions are used.
[Dep’t of Occupational Safety & Health, Rule No. 70, eff. 11-9-73] — (NAC A by Occupational Safety & Health Review Bd., 2-19-87)