Depositions May Be Taken. Any party may take the testimony of any person,
including a party, by deposition upon oral examination for the purpose of
discovery or for use as evidence in the hearing or for both purposes. After
commencement of the action, the deposition may be taken by the Respondent
without leave of the Commissioner, Hearing Officer, or Administrative Law
Judge. Depositions may be taken by the Complainant, after commencement of the
action, without leave of the Commissioner, Hearing Officer, or Administrative
Law Judge, except that leave, with or without notice, must be obtained if
notice of the taking is served by the Complainant within five days after
commencement of the action. The Commissioner, Hearing Officer, or
Administrative Law Judge may continue the hearing, upon motion of any party, to
provide additional time for the taking of depositions. The attendance of
witnesses may be compelled by the use of subpoena as provided in Rule
(2) Scope of
Examination. Unless otherwise ordered by the Hearing Examiner or Commissioner
as provided in Rule 0180-6-.13, the deponent may be examined regarding any
matter, not privileged, which is relevant to the subject matter involved in the
pending hearing, whether it relates to the claim or defense of the examining
party or to the claim or defense of any other party, including the existence,
description, nature, custody, condition and location of any books, documents,
or other tangible things and the identity and location of persons having
knowledge of relevant facts. It is not ground for objection that the testimony
will be inadmissible at the hearing if the testimony sought appears reasonably
calculated to lead to the discovery of admissible evidence.
(3) Examination and Cross-examination.
Examination and cross-examination of deponents may proceed as provided for in
T.C.A. § 4-515 and as specified in these rules.
Use of Depositions:
(a) At the hearing, any part or all of the
depositions, so far as admissible under T.C.A. § 4-5-109, may be used
against any party for any purpose who was present or represented at the taking
of the deposition or who had due notice thereof in accordance with Rule 26.04
of the Tennessee Rules of Civil Procedure.
(b) If only part of the deposition is offered
in evidence by a party, an adverse party may require him to introduce all of it
which is relevant to the part introduced, and any party may introduce any other
(c) Substitution of parties
does not affect the right to use depositions previously taken; and when any
hearing proceedings has been dismissed and another proceeding involving the
same subject matter is afterward brought between the same parties or their
representatives or successors in interest, all depositions lawfully taken and
duly filed in the former proceedings may be used in the latter as if originally
Objections to Admissibility. Subject to the provisions of Rules 0180-6-.11 and
0180-6-.14, objections may be made at the hearing to receiving in evidence any
deposition or part thereof for any reason which would require the exclusion of
the evidence if the witness were then present and testifying.
(6) Effect of Taking or Using Depositions. At
the hearing any party may rebut any relevant evidence contained in a deposition
whether introduced by him or by any other party.