[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 33CFR20.605]



[Page 80-82]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                           Subpart F_Discovery

 

Sec. 20.605  Depositions.



    (a) The ALJ may order a deposition only upon a showing of good cause 

and upon a finding that--

    (1) The information sought is not obtainable more readily by 

alternative methods; or

    (2) There is a substantial reason to believe that relevant and 

probative evidence may otherwise not be preserved for presentation at 

the hearing.

    (b) Testimony may be taken by deposition upon approval of the ALJ of 

a motion made by any party.

    (1) The motion must state--



[[Page 81]]



    (i) The purpose and scope of the deposition;

    (ii) The time and place it is to be taken;

    (iii) The name and address of the person before whom the deposition 

is to be taken;

    (iv) The name and address of each witness from whom a deposition is 

to be taken;

    (v) The documents and materials which the witness is to produce; and

    (vi) Whether it is intended that the deposition be used at a hearing 

instead of live testimony.

    (2) The motion must state if the deposition is to be by oral 

examination, by written interrogatories, or a combination of the two. 

The deposition may be taken before any disinterested person authorized 

to administer oaths in the place where the deposition is to be taken.

    (c) Upon a showing of good cause the ALJ may enter, and serve upon 

the parties, an order to obtain the testimony of the witness.

    (d) If the deposition of a public or private corporation, 

partnership, association, or governmental agency is ordered, the 

organization named must 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 or she will testify. Subject to the 

provisions of 49 CFR part 9 with respect to Coast Guard witnesses, the 

designated persons shall testify as to matters reasonably known to them.

    (e) Each witness deposed shall be placed under oath or affirmation, 

and the other parties shall have the right to cross-examine.

    (f) The witness being deposed may have counsel or another 

representative present during the deposition.

    (g) Except as provided in paragraph (n) of this section, depositions 

shall be stenographically recorded and transcribed at the expense of the 

party requesting the deposition. Unless waived by the deponent, the 

transcription must be read by or read to the deponent, subscribed by the 

deponent, and certified by the person before whom the deposition was 

taken.

    (h) Subject to objections to the questions and responses that were 

noted at the taking of the deposition and that would have been sustained 

if the witness had been personally present and testifying at a hearing, 

a deposition may be offered into evidence by the party taking it against 

any party who was present or represented at the taking of the deposition 

or who had notice of the deposition.

    (i) The party requesting the deposition shall make appropriate 

arrangements for necessary facilities and personnel.

    (j) 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(s). The ALJ may 

then limit the scope or manner of the taking of the deposition.

    (k) When a deposition is taken in a foreign country, it may be taken 

before a person having power to administer oaths in that location, or 

before a secretary of an embassy or legation, consul general, consul, 

vice consul or consular agent of the United States, or before such other 

person or officer as may be agreed upon by the parties by written 

stipulation filed with the ALJ.

    (l) Objection to taking a deposition because of the disqualification 

of the officer before whom it is to be taken is waived unless made 

before the taking of the deposition begins, or as soon as the 

disqualification becomes known or could have been discovered with 

reasonable diligence.

    (m) A deposition may be taken by telephone conference call upon such 

terms, conditions, and arrangements as are prescribed in the order of 

the ALJ.

    (n) The testimony at a deposition hearing may be recorded on 

videotape, upon such terms, conditions and arrangements as are 

prescribed in the order of the ALJ, at the expense of the party 

requesting the recording. The video recording may be in conjunction with 

an oral examination by telephone conference held pursuant to paragraph 

(m) of this section. After the deposition has been taken, and copies of 

the video



[[Page 82]]



recording are provided to parties requesting them, the person recording 

the deposition shall immediately place the videotape in a sealed 

envelope or a sealed videotape container, attaching to it a statement 

identifying the proceeding and the deponent and certifying as to the 

authenticity of the video recording, and return the videotape by 

accountable means to the ALJ. The deposition becomes a part of the 

record of the proceedings in the same manner as a transcribed 

deposition. The videotape, if admitted into evidence, will be played 

during the hearing and transcribed into the record by the reporter.