[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR209.8]



[Page 20-21]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                            Subpart A_General

 

Sec.  209.8  Depositions in formal proceedings.



    (a) Any party to a proceeding under subpart B, C, or D of this part 

may take the testimony of any person, including a party, by deposition 

upon oral examination on order of the presiding officer following the 

granting of a motion under paragraph (b) of this section. Depositions 

may be taken before any disinterested person who is authorized by law to 

administer oaths. The attendance of witnesses may be compelled by 

subpoena as provided in Sec.  209.7 and, for proceedings under subpart D 

of this part, Sec.  209.315.

    (b) Any party desiring to take the deposition of a witness shall 

file and serve a written motion setting forth the name of the witness; 

the date, time, and place of the deposition; the subject matter of the 

witness' expected testimony; whether any party objects to the taking of 

the deposition; and the



[[Page 21]]



reasons for taking such deposition. Such motion shall be granted only 

upon a showing of good cause. Good cause exists to take a person's 

deposition when the information sought is relevant to the subject matter 

involved in the proceeding and:

    (1) The information is not obtainable from some other source that is 

more convenient, less burdensome, and less expensive; or

    (2) The request is not unreasonably cumulative, unduly burdensome, 

or unduly expensive, taking into account the needs of the case, 

limitations on the parties' resources, and the importance of the issues 

in the case.

    (c) Such notice as the presiding officer shall order will be given 

for the taking of a deposition, but this shall not be less than 10 days' 

written notice unless the parties agree to a shorter period.

    (d) Each witness testifying upon deposition shall be sworn and the 

adverse party shall have the right to cross-examine. The questions 

propounded and the answers thereto, together with all objections made, 

shall be reduced to writing, subscribed by the witness, and certified by 

the reporter.

    (e) Depositions taken under this section may be used for discovery, 

to contradict or impeach the testimony of the deponent as a witness, or 

as evidence in the proceeding as permitted by paragraph (f) of this 

section and in accordance with the limitations of Fed. R. Civ. Pro. 32 

as though it were applicable to these proceedings.

    (f) Subject to such objections to the questions and answers as were 

noted at the time of taking the deposition and as would be valid were 

the witness personally present and testifying, such deposition may be 

offered in evidence by any party to the proceeding.



[54 FR 42906, Oct. 18, 1989]