[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR180.515]

[Page 742]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 180_CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS
--Table of Contents
 
                           Subpart E_Discovery
 
Sec. 180.515  Depositions.

    (a) Notice. Upon written notice to the witness and to all other 
parties, a party may take the testimony of a witness by deposition and 
may request the production of specified documents or materials by the 
witness at the deposition. Notice of the taking of a deposition shall be 
given not less than five days before the deposition is scheduled. The 
notice shall state:
    (1) The purpose and general scope of the deposition;
    (2) The time and place of the deposition;
    (3) The name and address of the person before whom the deposition is 
to be taken;
    (4) The name and address of the witness; and
    (5) A specification of the documents and materials that the witness 
is requested to produce.
    (b) Deposition of an organization. If the deposition of a public or 
private corporation, partnership, association, or governmental agency is 
sought, the organization so named shall designate one or more officers, 
directors or agents to testify on its behalf, and may set forth, for 
each person designated, the matters on which he/she will testify.
    (c) Procedure at deposition. Depositions may be taken before any 
disinterested person having power to administer oaths in the location 
where the deposition is to be taken. Each deponent shall be placed under 
oath or affirmation, and the other parties will have the right to cross-
examine. The deponent may have counsel present during the deposition. 
The questions propounded and all answers and objections thereto shall be 
reduced to writing, read by or to and subscribed by the witness, and 
certified by the person before whom the deposition was taken. Non-
intervening aggrieved persons may be present at depositions in which 
they are not the deponent.
    (d) Motion to terminate or limit examination. During the taking of a 
deposition, a party or the witness may request suspension of the 
deposition on the grounds of bad faith in the conduct of the 
examination, oppression of the witness or party, or improper questioning 
or conduct. Upon request for suspension, the deposition will be 
adjourned. The objecting party or witness must immediately move the ALJ 
for a ruling on the objection. The ALJ may then limit the scope or 
manner of taking the deposition.
    (e) Waiver of deposing officer's disqualification. Objection to 
taking a deposition because of the disqualification of the officer 
before whom it is taken is waived unless made before the taking of the 
deposition begins or as soon thereafter as the disqualification becomes 
known or could have been discovered with reasonable diligence.
    (f) Payment of costs of deposition. The party requesting the 
deposition shall bear all costs of the deposition.