[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.215]

[Page 92]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 16--RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS--Table of Contents
 
                           Subpart F--Hearings
 
Sec. 16.215  Depositions.

    (a) General. For good cause shown, the hearing officer may order 
that the testimony of a witness may be taken by deposition and that the 
witness produce documentary evidence in connection with such testimony. 
Generally, an order to take the deposition of a witness is entered only 
if:
    (1) The person whose deposition is to be taken would be unavailable 
at the hearing;
    (2) The deposition is deemed necessary to perpetuate the testimony 
of the witness; or
    (3) The taking of the deposition is necessary to prevent undue and 
excessive expense to a party and will not result in undue burden to 
other parties or in undue delay.
    (b) Application for deposition. Any party desiring to take the 
deposition of a witness shall make application therefor to the hearing 
officer in writing, with a copy of the application served on each party. 
The application shall include:
    (1) The name and residence of the witness;
    (2) The time and place for the taking of the proposed deposition;
    (3) The reasons why such deposition should be taken; and
    (4) A general description of the matters concerning which the 
witness will be asked to testify.
    (c) Order authorizing deposition. If good cause is shown, the 
hearing officer, in his or her discretion, issues an order authorizing 
the deposition and specifying the name of the witness to be deposed, the 
location and time of the deposition and the general scope and subject 
matter of the testimony to be taken.
    (d) Procedures for deposition.
    (1) Witnesses whose testimony is taken by deposition shall be sworn 
or shall affirm before any questions are put to them. Each question 
propounded shall be recorded and the answers of the witness transcribed 
verbatim.
    (2) Objections to questions or evidence shall be recorded in the 
transcript of the deposition. The interposing of an objection shall not 
relieve the witness of the obligation to answer questions, except where 
the answer would violate a privilege.
    (3) The written transcript shall be subscribed by the witness, 
unless the parties by stipulation waive the signing, or the witness is 
ill, cannot be found, or refuses to sign. The reporter shall note the 
reason for failure to sign.