[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR501.5]



[Page 10-11]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 501_SUBPOENAS, DEPOSITIONS, AND OATHS--Table of Contents

 

Sec. 501.5  Depositions.



    (a) Application to take. (1) An application to take a deposition 

must be in writing setting forth the reason why the deposition should be 

taken, the name and 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. If 

the deposition is being offered in connection with a hearing or 

examination, the application for deposition must be made to the 

Commission at least 15 days prior to the proposed date of such hearing 

or examination.

    (2) Application to take a deposition may be made during a hearing or 

examination, or subsequent to a hearing or examination, only where it is 

shown for good cause that the facts as set forth in the application to 

take the deposition were not within the knowledge of the person signing 

the application prior to the time of the hearing or examination.

    (3) The Commission or its representative will, upon receipt of the 

application and a showing of good cause, make and cause to be served 

upon the parties an order which will specify the name of the witness 

whose deposition is to be taken, the time, the place, and where 

practicable the designation of the officer before whom the witness is to 

testify. The officer may or may not be the one specified in the 

application. The order will be served upon all parties at least 10 days 

prior to the date of the taking of the deposition.

    (b) Who may take. The deposition may be taken before the designated 

officer or, if none is designated, before any officer authorized to 

administer oaths by the laws of the United States. If the examination is 

held in a foreign country, it may be taken before a secretary of an 

embassy or legation, consul-general, consul, vice consul, or consular 

agent of the United States.

    (c) Examination and certification of testimony. At the time and 

place specified in the Commission's order, the officer taking the 

deposition will permit the witness to be examined and cross-examined 

under oath by all parties appearing, and the testimony will be reduced 

to writing by, or under the direction of, the presiding officer. All 

objections to questions or evidence will be deemed waived unless made in 

accordance with paragraph (d) of this section. The officer will not have 

power to rule upon any objections but will note them upon the 

deposition. The testimony must be subscribed by the witness in the 

presence of the officer who will attach a certificate stating that the 

witness was duly sworn, that the deposition is a true record of the 

testimony and exhibits given by the witness and that the officer is not 

counsel or attorney to any of the interested parties. The officer will 

immediately seal and deliver an original and two copies of the 

transcript, together with the officer's certificate, by registered mail 

to the Foreign Claims Settlement Commission, Washington, DC 20579 or, if 

applicable, to the designated Commission field office.

    (d) Admissibility in evidence. The deposition will be admissible in 

evidence, subject to such objections to the questions and answers as 

were noted at the time of taking the deposition, or within ten (10) days 

after the return thereof, and would be valid were the witness personally 

present at the hearing.

    (e) Errors and irregularities. All errors or irregularities 

occurring will be deemed waived unless a motion to suppress the 

deposition or some part thereof is made with reasonable promptness after 

the defect is, or with due diligence might have been, ascertained.

    (f) Scope of use. The deposition of a witness, if relevant, may be 

used if the Commission finds:

    (1) That the witness has died since the deposition was taken; or

    (2) That the witness is at a distance greater than 100 miles radius 

of Washington, DC, the designated field office or the designated place 

of the hearing; or



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    (3) That the witness is unable to attend because of other good cause 

shown.

    (g) Interrogatories and cross-interrogatories. Depositions may also 

be taken and submitted on written interrogatories in substantially the 

same manner as depositions taken by oral examination. When a deposition 

is taken upon interrogatories and cross-interrogatories, none of the 

parties may be present or represented, and no person, other than the 

witness, the person's representative or attorney, a stenographic 

reporter and the presiding officer, may be present at the examination of 

the witness, which fact will be certified by the officer, who will read 

the interrogatories and cross-interrogatories to the witness in their 

order and reduce the testimony to writing in the witness's own words.

    (h) Fees. A witness whose deposition is taken pursuant to the 

regulations in this part, and the officer taking the deposition, will be 

entitled to the same fees and mileage allowed and paid for like service 

in the United States District Court for the district in which the 

deposition is taken. Such fees will be paid by the Commission or by the 

party at whose request the deposition is being taken.