204 Pa. Code § 91.15 - Oath and reduction to writing
(a)
General rule. Every
person whose testimony is taken by deposition shall be sworn, or shall affirm
concerning the matter about which such person shall testify, before any
questions are put or testimony given. The testimony shall be reduced to writing
by, or under the direction of, the notarial officer. When the testimony is
fully transcribed the deposition shall be submitted to the witness for
inspection and signing and shall be read to or by the witness and shall be
signed by the witness, unless the inspection, reading and signing are waived by
the witness and by all participants who attended the taking of the deposition,
or the witness is ill or cannot be found or refuses to sign. Any changes in
form or substance which the witness desires to make shall be entered upon the
deposition by the notarial officer with a statement of the reasons given by the
witness for making the changes. If the deposition is not signed by the witness,
the notarial officer shall certify it in the usual form and state on the record
the fact of the waiver or of the illness or absence of the witness or the
refusal to sign together with the reason, if any, given therefor; and the
deposition may then be used as fully as though signed, unless the hearing
committee, special master or the Board holds that the reasons given for the
refusal to sign require rejection of the deposition in whole or in
part.
(b)
Transmission. Unless otherwise directed in the Form DB-17
(Authorization to take Deposition), after the deposition has been certified, it
shall, together with the number of copies specified in the authorization, the
copies being made by, or under the direction of, such notarial officer, be
forwarded by such notarial officer in a sealed envelope addressed to the
Executive Office at the address set forth in §
85.6 (relating to location of
Executive Office), with sufficient stamps for postage affixed. Upon receipt
thereof, the Board Prothonotary shall file the original in the proceeding and
shall forward a copy to each participant and to each member of the hearing
committee or the special master conducting the proceeding.
Notes
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