(1) Notice of
Examination: Time and Places. The party desiring to take the deposition of any
person upon oral examination shall give notice in writing to every other party
to the hearing proceedings. The notice shall be served on the other parties at
least five (5) days beforehand when the deposition is to be taken in the county
in which the hearing is pending. When the deposition is to be taken out of the
county, notice at least seven (7) days before the date of the deposition shall
be given. 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, and if the
name is not known, a general description sufficient to identify him or the
particular class or group to which he belongs. On motion of any party upon whom
the notice is served, the Hearing Examiner or Commissioner may for cause shown
enlarge or shorten the time.
Orders for the Protection of Parties and Deponents. After notice is served for
taking a deposition by oral examination, upon motion seasonably made by any
party or by the person to be examined and upon notice of good cause shown,
which includes but is not limited to, grounds of irrelevancy, immateriality,
undue delay or undue burden upon a party or deponent, privilege or
confidentiality respecting the information sought, the Commissioner, Hearing
Officer, or Administrative Law Judge may make an order that the deposition
shall not be taken, or that it may be taken only at some designated place other
than that stated in the notice, or that certain matters shall not be inquired
into, or that the scope of the examination shall be limited to certain matters,
or that the examination shall be held with no one present except the parties to
the hearing and their officers or counsel, or that after being sealed the
deposition shall be opened only by order of the Commissioner, Hearing Officer,
or Administrative Law Judge, or that secret processes, developments or research
need not be disclosed, or that the parties shall simultaneously file specified
documents or information enclosed in sealed envelopes to be opened as directed
by the Commissioner, Hearing Officer, or Administrative Law Judge may make any
order which justice requires to protect the party or witness from annoyance,
embarrassment or oppression.
Record of Examination; Oath; Objections. The officer before whom the deposition
is to be taken shall put the witness on oath and shall personally, or by
someone acting under his direction and in his presence, record the testimony of
the witness. The testimony shall be taken stenographically or recorded
(mechanically or electrically) and transcribed unless the parties agree
otherwise. 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 objections made.
(4) Motion to Terminate or Limit Examination.
At any time during the taking of the deposition, on motion of any party or of
the deponent and upon a showing that the examination is being conducted in bad
faith or in such manner as unreasonably to annoy, embarrass or oppress the
deponent or party, the Hearing Examiner or Commissioner may order the
termination of the taking of the deposition, or may limit the scope and manner
of taking the deposition as provided in paragraph (2) of this rule. 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 an order.
(5) Submission to Witness; Change; Signing.
When the testimony is fully transcribed the deposition shall be submitted to
the witness for examination and shall be read to or by him, unless such
examination and reading are waived by the witness and by the parties. Any
changes in form or substance which 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 them. The deposition shall then be signed by the witness,
unless the parties by stipulation waive the signing or the witness is ill or
cannot be found or refuses to sign. If the deposition is not signed by the
witness, the officer shall sign it and state on the record the fact of the
waiver or of the illness or absence of the witness or the fact of the refusal
to sign together with the reason, if any, given therefor; and the deposition
may be used as fully as though signed, unless on a motion to suppress under
Rule 0180-6-.10, the Hearing Examiner or Commissioner holds that the reasons
for the refusal to sign require rejection of the deposition in whole or in
Certification and Filing
by Officer; Copies; Notice of Filing.
officer before whom the deposition is taken shall certify on the deposition
that the witness was duly sworn by him and that the deposition is a true record
of the testimony given by the witness. He shall then securely seal the
deposition in an envelope endorsed with the title of the action and marked
"Deposition of (here insert name of witness)" and shall promptly file it with
the Administrative Procedures Division of the Department of State when it is to
be heard by the Hearing Examiner or file it with the Commissioner when the
hearing proceeding will take place before him.
(b) Upon payment of reasonable charges
therefor, the Hearing Examiner or Commissioner shall furnish a copy of the
deposition to any party or the deponent.
(c) When the deposition is filed, notice
shall promptly be given to all parties.