[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 14CFR16.215]



[Page 96]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 16_RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT 

PROCEEDINGS--Table of Contents

 

                           Subpart F_Hearings

 

Sec. 16.215  Depositions.



    (a) General. For good cause shown, the hearing officer may order 

that the testimony of a witness may be taken by deposition and that the 

witness produce documentary evidence in connection with such testimony. 

Generally, an order to take the deposition of a witness is entered only 

if:

    (1) The person whose deposition is to be taken would be unavailable 

at the hearing;

    (2) The deposition is deemed necessary to perpetuate the testimony 

of the witness; or

    (3) The taking of the deposition is necessary to prevent undue and 

excessive expense to a party and will not result in undue burden to 

other parties or in undue delay.

    (b) Application for deposition. Any party desiring to take the 

deposition of a witness shall make application therefor to the hearing 

officer in writing, with a copy of the application served on each party. 

The application shall include:

    (1) The name and residence of the witness;

    (2) The time and place for the taking of the proposed deposition;

    (3) The reasons why such deposition should be taken; and

    (4) A general description of the matters concerning which the 

witness will be asked to testify.

    (c) Order authorizing deposition. If good cause is shown, the 

hearing officer, in his or her discretion, issues an order authorizing 

the deposition and specifying the name of the witness to be deposed, the 

location and time of the deposition and the general scope and subject 

matter of the testimony to be taken.

    (d) Procedures for deposition. (1) Witnesses whose testimony is 

taken by deposition shall be sworn or shall affirm before any questions 

are put to them. Each question propounded shall be recorded and the 

answers of the witness transcribed verbatim.

    (2) Objections to questions or evidence shall be recorded in the 

transcript of the deposition. The interposing of an objection shall not 

relieve the witness of the obligation to answer questions, except where 

the answer would violate a privilege.

    (3) The written transcript shall be subscribed by the witness, 

unless the parties by stipulation waive the signing, or the witness is 

ill, cannot be found, or refuses to sign. The reporter shall note the 

reason for failure to sign.