[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR102.30]

[Page 43-44]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 102_RULES AND REGULATIONS, SERIES 8--Table of Contents

   Subpart B_Procedure Under Section 10 (a) to (i) of the Act for the 
                Prevention of Unfair Labor Practices \1\
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Sec. 102.30  Examination of witnesses; deposition.

    Witnesses shall be examined orally under oath, except that for good 
cause shown after the issuance of a complaint, testimony may be taken by 
deposition.
    (a) Applications to take depositions shall be in writing setting 
forth the reasons why such depositions should be taken, the name and 
post office address of the witness, the matters concerning which it is 
expected the witness will testify, and the time and place proposed for 
the taking of the deposition, together with the name and address of the 
person before whom it is desired that the deposition be taken (for the 
purposes of this section hereinafter referred to as the ``officer''). 
Such application shall be made to the regional director prior to the 
hearing, and to the administrative law judge during and subsequent to 
the hearing but before transfer of the case to the Board pursuant to 
Sec. 102.45 or Sec. 102.50. Such application shall be served upon the 
regional

[[Page 44]]

director or the administrative law judge, as the case may be, and upon 
all other parties, not less than 7 days (when the deposition is to be 
taken within the continental United States) and 15 days (if the 
deposition is to be taken elsewhere) prior to the time when it is 
desired that the deposition be taken. The regional director or 
administrative law judge, as the case may be, shall upon receipt of the 
application, if in his discretion good cause has been shown, make and 
serve upon the parties an order which will specify the name of the 
witness whose deposition is to be taken and the time, the place, and the 
designation of the officer before whom the witness is to testify, who 
may or may not be the same officer as that specified in the application. 
Such order shall be served upon all the other parties by the regional 
director or upon all parties by the administrative law judge.
    (b) Such deposition may be taken before any officer authorized to 
administer oaths by the laws of the United States or of the place where 
the examination is held, including any agent of the Board authorized to 
administer oaths. If the examination is held in a foreign country, it 
may be taken before any secretary of embassy or legation, consul 
general, consul, vice consul, or consular agent of the United States.
    (c) At the time and place specified in said order the officer 
designated to take such deposition shall permit the witness to be 
examined and cross-examined under oath by all the parties appearing, and 
his testimony shall be reduced to typewriting by the officer or under 
his direction. All objections to questions or evidence shall be deemed 
waived unless made at the examination. The officer shall not have power 
to rule upon any objections but he shall note them upon the deposition. 
The testimony shall be subscribed by the witness in the presence of the 
officer who shall attach his certificate stating that the witness was 
duly sworn by him, that the deposition is a true record of the testimony 
and exhibits given by the witness, and that said officer is not of 
counsel or attorney to any of the parties nor interested in the event of 
the proceeding or investigation. If the deposition is not signed by the 
witness because he is ill, dead, cannot be found, or refuses to sign it, 
such fact shall be included in the certificate of the officer and the 
deposition may then be used as fully as though signed. The officer shall 
immediately deliver an original and two copies of said transcript, 
together with his certificate, in person or by registered or certified 
mail to the regional director or the administrative law judge, care of 
the chief administrative law judge in Washington, DC, the associate 
chief judge, in San Francisco, California, the associate chief judge in 
New York, New York, or the associate chief judge in Atlanta, Georgia, as 
the case may be.
    (d) The administrative law judge shall rule upon the admissibility 
of the deposition or any part thereof.
    (e) All errors or irregularities in compliance with the provisions 
of this section shall be deemed waived unless a motion to suppress the 
deposition or some part thereof is made with reasonable promptness after 
such defect is or, with due diligence, might have been ascertained.
    (f) If the parties so stipulate in writing, depositions may be taken 
before any person at any time or place, upon any notice and in any 
manner, and when so taken may be used like other depositions.

(National Labor Relations Act approved July 5, 1935, 49 Stat. 449; 29 
U.S.C. 151-166, as amended by Act of June 23, 1947 (61 Stat. 136; 29 
U.S.C. Sup. 151-167), Act of Oct. 22, 1951 (65 Stat. 601; 29 U.S.C. 158, 
159, 168), Act of Sept. 14, 1959 (73 Stat. 519; 29 U.S.C. 141-168), and 
Act of July 26, 1974 (88 Stat. 395-397; 29 U.S.C. 152, 158, 169, 183))

[24 FR 9102, Nov. 7, 1959, as amended at 45 FR 37425, June 3, 1980; 45 
FR 51193, Aug. 1, 1980; 62 FR 1668, Jan. 13, 1997]