[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.46]

[Page 271-272]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart D_General Rules and Hearings
 
Sec.  386.46  Depositions.

    (a) When, how, and by whom taken. (1) The deposition of any witness 
may be taken at reasonable times subsequent to the appointment of an 
Administrative Law Judge. Prior to referral to the Office of Hearings, a 
party may petition the Assistant Administrator, in accordance with Sec.  
386.37, for leave to conduct a deposition based on good cause shown.
    (2) Depositions may be taken by oral examination or upon written 
interrogatories before any person having power to administer oaths.
    (3) The parties may stipulate in writing or the Administrative Law 
Judge may upon motion order that a deposition be taken by telephone or 
other remote electronic means.
    (4) If a subpoena duces tecum is to be served on the person to be 
examined, the designation of the materials to be produced as set forth 
in the subpoena shall be attached to, or included in, the notice.
    (5) If the deposition is to be recorded by videotape or audiotape, 
the notice shall specify the method of recording.
    (b) Application. Any party desiring to take the deposition of a 
witness must indicate to the witness and all other parties the time 
when, the place where, and the name and post office address of the 
person before whom the deposition is to be taken; the name and address 
of each witness; and the subject matter concerning which each such 
witness is expected to testify.
    (c) Notice. A party desiring to take a deposition must give notice 
to the witness and all other parties. Notice must be in writing. Notice 
of the deposition must be given not less than 20 days from when the 
deposition is to be taken if the deposition is to be held within the 
continental United States and not less than 30 days from when the 
deposition is to be taken if the deposition is to be held elsewhere, 
unless a shorter time is agreed to by the parties or by leave of the 
Assistant Administrator or Administrative Law Judge by motion for good 
cause shown.
    (d) Depositions upon written questions. Within 14 days after the 
notice and written questions are served, a party may serve cross-
questions upon all other parties. Within 7 days after being served with 
cross-questions, a party may serve redirect questions upon all other 
parties. Within 7 days after being served with redirect questions, a 
party may serve recross questions upon all other parties. The Assistant 
Administrator or Administrative Law Judge

[[Page 272]]

may enlarge or shorten the time for cause shown.
    (e) Taking and receiving in evidence. Each witness testifying upon 
deposition must be sworn, and any other party must be given the right to 
cross-examine. The questions propounded and the answers to them, 
together with all objections made, must be reduced to writing; read by 
or to, and subscribed by the witness; and certified by the person 
administering the oath. The person who took the deposition must seal the 
deposition transcript in an envelope and file it in accordance with 
Sec.  386.7. Subject to objections to the questions and answers as were 
noted at the time of taking the deposition and which would have been 
valid if the witness were personally present and testifying, the 
deposition may be read and offered in evidence by the party taking it as 
against any party who was present or represented at the taking of the 
deposition or who had due notice of it.
    (f) Witness Limit. No party may seek deposition testimony of more 
than five witnesses without leave of the Agency decisionmaker for good 
cause shown. Individual depositions are not to exceed 8 hours for any 
one witness.
    (g) Motion to terminate or limit examination. During the taking of a 
deposition, a party or deponent may request suspension of the deposition 
on grounds of bad faith in the conduct of the examination, oppression of 
a deponent or party or improper questions propounded. The deposition 
will then be adjourned. The objecting party or deponent must, however, 
immediately move for a ruling on his or her objections to the deposition 
conduct or proceedings before the Assistant Administrator or 
Administrative Law Judge, who then may limit the scope or manner of the 
taking of the deposition.

[70 FR 28484, May 18, 2005]