5.5 - Depositions

(a) Generally

Any party may seek to take the deposition of a witness in an OCAHO proceeding.

(b) Notice

Any party desiring to take the deposition of a witness must give notice in writing to the witness and all other parties. If the deposition will be taken within the continental United States, notice must be given at least 10 days in advance of the date and time of the deposition. If the deposition will be taken elsewhere, notice must be given at least 20 days in advance of the date and time of the deposition. The ALJ may modify these time restrictions. The written notice must include the following information:

• the time and place of the deposition;
• the name and address of each witness;
• a written request for the production of documents (if documents are requested); and
• the method by which the testimony will be recorded.

(c) How Depositions May be Taken

Depositions may be taken by oral examination or written questions before any person having power to administer oaths.

(d) Method of Recording Depositions

Any party taking a deposition by oral examination must provide a method by which the testimony will be recorded (and must bear the cost of the recording). Unless otherwise ordered by the ALJ, a deposition may be recorded by sound, video, or stenographic means. If a deposition is recorded by non-stenographic means, any party may arrange (at that party’s expense) for a transcript to be made from the recording.

(e) Procedures for Taking Depositions

Each witness testifying by deposition must testify under oath.

Any other party will have the right to cross-examine the witness.

All questions asked and answers thereto must be recorded by the method provided by the party taking the deposition.

The person administering the oath must certify in writing that the transcript or recording is a true record of the testimony given by the witness.

(f) Review of the Transcript or Recording

The witness must review the transcript or recording within 30 days of notification that it is available. After reviewing the transcript or recording, the witness must indicate in writing any changes in form or substance, unless such review is waived by the witness and the parties by stipulation.

(g) Motion to Terminate or Limit Examination

During a deposition, a party or the witness may request suspension of the deposition on the grounds of bad faith in the conduct of the examination, oppression of a deponent or party, or improper questions asked. If such a request is made, the deposition will be adjourned. Once the deposition is adjourned, the objecting party or witness must immediately file a motion with the ALJ requesting a ruling on the party’s or witness’s objections to the deposition.