[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.730]



[Page 70-71]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.730  Depositions upon oral examination.



    (a) Procedure. Any party desiring to take the testimony of a witness 

by deposition shall make a written motion setting forth the reasons why 

such deposition should be taken including the specific reasons why the 

party believes the witness may be unable to attend or testify at the 

hearing; the name and address of the prospective witness; the matters 

concerning which the prospective witness is expected to be questioned; 

and the proposed time and place for the taking of the deposition.

    (b) Required finding when ordering a deposition. In the discretion 

of the Administrative Law Judge, an order for deposition may be issued 

upon a finding that the prospective witness will likely give testimony 

material to the proceeding, that it is likely the prospective witness 

will be unable to attend or testify at the hearing because of age, 

sickness, infirmity, imprisonment or other disability, and that the 

taking of a deposition will serve the interests of justice.

    (c) Contents of order. An order for deposition shall designate by 

name a deposition officer. The designated officer may be the 

Administrative Law Judge or any other person authorized to administer 

oaths by the laws of the United States or of the place where the 

deposition is to be held. An order for deposition also shall state:

    (1) The name of the witness whose deposition is to be taken;

    (2) The scope of the testimony to be taken;

    (3) The time and place of the deposition;

    (4) The manner of recording, preserving and filing the deposition; 

and

    (5) The number of copies, if any, of the deposition and exhibits to 

be filed upon completion of the deposition.

    (d) Procedure at depositions. A witness whose testimony is taken by 

deposition shall swear or affirm before any questions are put to him or 

her. Examination and cross-examination of witnesses may proceed as 

permitted at a hearing. A witness being deposed may have counsel or a 

representative present during the deposition.

    (e) Objections to questions or evidence. Objections to questions or 

evidence shall be in short form, stating the grounds of objection relied 

upon. Objections to questions or evidence shall be noted by the 

deposition officer upon the deposition, but a deposition officer (other 

than an Administrative Law Judge) shall not have the power to decide on 

the competency, materiality or relevance of evidence. Failure to object 

to questions or evidence before the deposition officer shall not be 

deemed a waiver unless the ground of the objection is one that might 

have been obviated or removed if presented at that time.

    (f) Filing of depositions. The questions asked and all answers or 

objections shall be recorded or transcribed verbatim, and a transcript 

shall be prepared by the deposition officer, or



[[Page 71]]



under his or her direction. The transcript shall be subscribed by the 

witness and certified by the deposition officer. The original deposition 

transcript and exhibits shall be filed with the Administrative Law 

Judge. A copy of the deposition transcript and exhibits shall be served 

on the opposing party or parties. The cost of the transcript (including 

copies) shall be paid by the party requesting the deposition.