Ohio Admin. Code 4901-1-21 - Depositions
(A) Any party to a
pending commission proceeding may take the testimony of any other party or
person , other than a member of the commission staff, by deposition upon oral
examination with respect to any matter within the scope of discovery set forth
in rule
4901-1-16
of the Administrative Code. The attendance of witnesses and production of
documents may be compelled by subpoena as provided in rule
4901-1-25 of the
Administrative Code.
(B) Any party
desiring to take the deposition of any person upon oral examination shall give
reasonable notice in writing to the deponent, to all parties, and to the
commission. The notice shall state the time and place for taking the deposition
and the name and address of each person to be examined, if known, or if the
name is not known, a general description sufficient for identification. If a
subpoena duces tecum is to be served upon the person to be examined, a
designation of the materials to be produced thereunder shall be attached to or
included in the notice. Notice to the commission is made by filing a copy of
the notice of deposition provided to the person to be deposed or a copy of the
subpoena in the case file.
(C) If
any party shows that he or she was unable with the exercise of diligence to
obtain counsel to represent him or her at the taking of a deposition, the
deposition may not be used against such party.
(D) The commission, the legal director, the
deputy legal director, or an attorney examiner
may,
upon motion,
(E) The notice
to a party deponent may be accompanied by a request, made in compliance with
rule
4901-1-20
of the Administrative Code, for the production of documents or tangible things
at the taking of the deposition.
(F) A party may in the notice and in a
subpoena name a corporation, partnership, association, government agency, or
municipal corporation and designate with reasonable particularity the matters
on which examination is requested. The organization so named shall choose one
or more of its officers, agents, employees, or other persons duly authorized to
testify on its behalf, and shall set forth, for each person designated, the
matters on which he or she will testify. The persons so designated shall
testify as to matters known or reasonably available to the
organization.
(G) Depositions may
be taken before any person authorized to administer oaths under the laws of the
jurisdiction in which the deposition is taken, or before any person appointed
by the commission. Unless all of the parties expressly agree otherwise, no
deposition shall be taken before any person who is a relative, employee, or
attorney of any party, or a relative or employee of such attorney.
(H) The person before whom the deposition is
to be taken shall put the witness on oath or affirmation, and shall personally
or by someone acting under his direction and in his presence record the
testimony of the witness. Examination and cross-examination may proceed as
permitted in commission hearings. The testimony shall be recorded
stenographically or by any other means ordered under paragraph (D) of this
rule. If requested by any of the parties, the testimony shall be transcribed at
the expense of the party making the request.
(I) All objections made at the time of the
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 objection to the proceedings shall be noted by the officer
upon the deposition. Evidence objected to shall be taken subject to the
objections. In lieu of participating in the oral examination, parties may serve
written questions in a sealed envelope upon the party taking the deposition,
who shall transmit them to the officer, who in turn shall propound them to the
witness and record the answers verbatim.
(J) At any time during the taking of a
deposition, the commission, the legal director, the deputy legal director, or
the attorney examiner may,
upon
in response to
a motion of any party or the deponent and upon a showing that the
examination is being conducted in bad faith or in such a manner as to
unreasonably annoy, embarrass, or oppress the deponent or party,
may order the person conducting the examination
to cease taking the deposition, or may limit the scope and manner of taking the
deposition as provided in rule
4901-1-24
of the Administrative Code. Upon demand of the objecting party or deponent, the
taking of the deposition shall be suspended for the time necessary to make a
motion for such an order.
(K) If
and when the testimony is fully transcribed, the deposition shall be submitted
to the witness for examination and shall be read to or by him or her, unless
such examination and reading are expressly waived by the witness and the
parties. Any changes in form or substance which
that the
witness desires to make shall be entered upon the deposition by the officer
with a statement of the reasons given by the witness for making the changes.
The deposition shall then be signed by the witness unless the signing is
expressly waived by the parties or the witness is ill or cannot be found or
refuses to sign. If the deposition is not signed by the witness within ten days
after its submission to him or her, the officer shall sign it and state on the
record the fact of the waiver or the illness or absence of the witness, or the
fact of the refusal to sign together with the reasons, if any, given for such
refusal. The deposition may then be used as fully as though signed, unless the
commission, the legal director, the deputy legal director, or the attorney
examiner, upon motion to suppress, holds that the reasons given for the refusal
to sign require rejection of the deposition in whole or in part.
(L) The officer shall certify on the
deposition that the witness was duly sworn by him or her and that the
deposition is a true record of the testimony given by the witness. Upon payment
of reasonable charges therefor, the officer shall furnish a copy of the
deposition to any party or to the deponent.
(M) Documents and things produced for
inspection during the examination of the witness shall, upon request of any
party, be marked for identification and annexed to the deposition, except that:
(1) The person producing the materials may
substitute copies to be marked for identification, if all parties are afforded
a fair opportunity to verify the copies by comparison with the
originals,
(2) If the person
producing the materials requests their return, the officer shall mark them,
give each party an opportunity to inspect and copy them, and return them to the
person producing them, and the materials may then be used in the same manner as
if annexed to the deposition.
(N) Depositions may be used in commission
hearings to the same extent permitted in civil actions in courts of record.
Unless otherwise ordered for good cause shown, any depositions to be used as
evidence must be filed with the commission at least three days prior to the
commencement of the hearing. A deposition need not be
prefiled if used to impeach the testimony of a witness at
hearing.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4901.18, 4903.06
Prior Effective Dates: 3/1/81, 6/1/83, 12/25/87, 5/07/07
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