[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR904.241]



[Page 50-51]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                 Subpart C_Hearing and Appeal Procedures

 

Sec. 904.241  Depositions.



    (a) Notice. If a motion for deposition is granted, and unless 

otherwise ordered by the Judge, the party taking the deposition of any 

person must serve on that person, and each other party, written notice 

at least 15 days before the deposition would be taken (or 25 days if the 

deposition is to be taken outside the United States). The notice must 

state the name and address of each person to be examined, the time and 

place where the examination would be held, the name and mailing address 

of the person before whom the deposition would be taken, and the subject 

matter about which each person would be examined.

    (b) Taking the deposition. Depositions may be taken before any 

officer authorized to administer oaths by the law of the United States 

or of the place where the examination is to be held, or before a person 

appointed by the Judge. Each deponent will be sworn, and any party has 

the right to cross-examine. Objections are not waived by failure to make 

them during the deposition unless the ground of the objection is one 

that might have been removed if presented at that time. The deposition 

will be recorded, transcribed, signed by the deponent, unless waived, 

and certified by the officer before whom the deposition was taken. All 

transcription costs associated with the testimony of a deponent will be 

borne by the party seeking the deposition. Each party will bear its own 

expense for any copies of the transcript. See also Sec. 904.252(c).

    (c) Alternative deposition methods. By order of the Judge, the 

parties may use other methods of deposing parties or witnesses, such as 

telephonic depositions or depositions upon written questions. Objections 

to the form of written questions are waived unless made within five days 

of service of the questions.

    (d) Use of depositions at hearing. (1) At hearing any part or all of 

a deposition, so far as admissible under the rules of evidence applied 

as though the witness were then testifying, may be used against any 

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

had reasonable notice.

    (2) The deposition of a witness may be used by any party for any 

purpose if the Judge finds:



[[Page 51]]



    (i) That the witness is unable to attend due to death, age, health, 

imprisonment, disappearance or distance from the hearing site; or

    (ii) That exceptional circumstances make it desirable, in the 

interest of justice, to allow the deposition to be used.

    (3) If only part of a deposition is offered in evidence by a party, 

any party may introduce any other part.