Goto Section: 1.316 | 1.319 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 1.318 The taking of depositions.
(a) Persons before whom depositions may be taken. Depositions shall be
taken before any judge of any court of the United States; any U.S.
Commissioner; any clerk of a district court; any chancellor, justice or
judge of a supreme or superior court; the mayor or chief magistrate of
a city; any judge of a county court, or court of common pleas of any of
the United States; any notary public, not being of counsel or attorney
to any party, nor interested in the event of the proceeding; or
presiding officers, as provided in § 1.243.
(b) Attendance of witnesses. The attendance of witnesses at the taking
of depositions may be compelled by the use of subpena as provided in
§ § 1.331 through 1.340.
(c) Oath; transcript. The officer before whom the deposition is to be
taken shall administer an oath or affirmation to the witness and shall
personally, or by someone acting under his direction and in his
presence record the testimony of the witness. The testimony may be
taken stenographically or, upon approval by the presiding officer,
testimony may be taken through the use of telephonically or
electronically recorded methods, including videotape. In the event
these latter methods are used for the deposition, the parties may agree
to the waiver of the provisions of paragraphs (e) and (f) as
appropriate and as approved by the presiding officer.
(d) Examination. (1) In the taking of depositions upon oral
examination, the parties may proceed with examination and
cross-examination of deponents as permitted at the hearing. In lieu of
participating in the oral examination, parties served with the notice
to take depositions may transmit written interrogatories to the officer
designated in the notice, who shall propound them to the witness and
record the answers verbatim.
(2) In the taking of depositions upon written interrogatories, the
party who served the original interrogatories shall transmit copies of
all interrogatories to the officer designated in the notice, who shall
propound them to the witness and record the answers verbatim.
(e) Submission of deposition to witness; changes; signing. When the
testimony is fully transcribed, the deposition of each witness shall be
submitted to him for examination and shall be read to or by him, unless
such examination and reading are waiver by the witness and by the
parties. Any changes in form or substance which the witness desires to
make shall be entered upon the deposition by the officer with a
statement of the reasons given by the witness for making them. The
deposition shall then be signed by the witness, unless the parties by
stipulation waive the signing, or the witness is ill, cannot be found,
or refuses to sign. If the deposition is not signed by the witness, the
officer shall sign it and state on the record the fact of the waiver,
the illness or absence of the witness, or of his refusal to sign,
together with the reason (if any) given therefor; and the deposition
may then be used as fully as though signed, unless upon a motion to
suppress, the presiding officer holds that the reason given for the
refusal to sign requires rejection of the deposition in whole or in
(f) Certification of deposition and filing by officer; copies. The
officer shall certify on the deposition that the witness was duly sworn
by him, that the deposition is a true record of the testimony given by
the witness, and that said officer is not of counsel or attorney to
either of the parties, nor interested in the event of the proceeding or
investigation. He shall then securely seal the deposition in an
envelope endorsed with the title of the action and marked “Deposition
of (here insert name of witness)” and shall promptly send the original
and two copies of the deposition and of all exhibits, together with the
notice and any interrogatories received by him, by certified mail to
the Secretary of the Commission.
[ 33 FR 463 , Jan. 12, 1968, as amended at 47 FR 51873 , Nov. 18, 1982]
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Goto Section: 1.316 | 1.319
Goto Year: 2011 |
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