§ 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]

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