[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.241]

[Page 52]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904_CIVIL PROCEDURES--Table of Contents
 
                 Subpart C_Hearing and Appeal Procedures
 
Sec. 904.241  Depositions.

    (a) Notice. If a motion for deposition is granted, and unless 
otherwise ordered by the Judge, the party taking the deposition of any 
person must serve on that person, and each other party, written notice 
at least 15 days before the deposition would be taken (or 25 days if the 
deposition is to be taken outside the United States). The notice must 
state the name and address of each person to be examined, the time and 
place where the examination would be held, the name and mailing address 
of the person before whom the deposition would be taken, and the subject 
matter about which each person would be examined.
    (b) Taking the deposition. Depositions may be taken before any 
officer authorized to administer oaths by the law of the United States 
or of the place where the examination is to be held, or before a person 
appointed by the Judge. Each deponent will be sworn, and any party has 
the right to cross-examine. Objections are not waived by failure to make 
them during the deposition unless the ground of the objection is one 
that might have been removed if presented at that time. The deposition 
will be recorded, transcribed, signed by the deponent, unless waived, 
and certified by the officer before whom the deposition was taken. All 
transcription costs associated with the testimony of a deponent will be 
borne by the party seeking the deposition. Each party will bear its own 
expense for any copies of the transcript. See also Sec. 904.252(c).
    (c) Alternative deposition methods. By order of the Judge, the 
parties may use other methods of deposing parties or witnesses, such as 
telephonic depositions or depositions upon written questions. Objections 
to the form of written questions are waived unless made within five days 
of service of the questions.
    (d) Use of depositions at hearing. (1) At hearing any part or all of 
a deposition, so far as admissible under the rules of evidence applied 
as though the witness were then testifying, may be used against any 
party who was present or represented at the taking of the deposition, or 
had reasonable notice.
    (2) The deposition of a witness may be used by any party for any 
purpose if the Judge finds:
    (i) That the witness is unable to attend due to death, age, health, 
imprisonment, disappearance or distance from the hearing site; or
    (ii) That exceptional circumstances make it desirable, in the 
interest of justice, to allow the deposition to be used.
    (3) If only part of a deposition is offered in evidence by a party, 
any party may introduce any other part.