§ 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
   part.

   (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]

   return arrow Back to Top