[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15f.18]

[Page 432-433]
 
                          TITLE 7--AGRICULTURE
 
PART 15f_ADJUDICATIONS UNDER SECTION 741--Table of Contents
 
Subpart D_If I Request A Hearing, What Will Happen? How Will The Hearing 
                              Be Conducted?
 
Sec. 15f.18  May I depose potential witnesses?

    (a) A party may request an order from the ALJ to take the testimony 
of any person by deposition upon oral examination or written 
interrogatories before any officer authorized to administer oaths at the 
place of examination, for use as evidence. The application for the order 
must specify the reason and need for taking testimony by deposition.
    (b) The time, place, and manner of taking depositions will be as 
mutually agreed by the parties, or failing agreement, by order of the 
ALJ.

[[Page 433]]

    (c) No testimony taken by depositions will be considered as part of 
the evidence in the hearing until such testimony is offered and received 
in evidence at the hearing, and ordinarily it will not be received into 
evidence if the deponent is present and can testify at the hearing. 
However, when the deponent is present and can testify, the deposition 
may be used to contradict or impeach the testimony of the deponent given 
at the hearing. Where you have requested a final determination by the 
ALJ based on the written record without a hearing, the ALJ, in his or 
her discretion, may receive depositions to supplement the record.
    (d) Each party will bear its own expenses associated with the taking 
of any deposition.