HAR §12-44-49. Deposition; application for

(a) Upon the written application of a party to a proceeding governed by this subchapter and for good cause shown, the council or the hearing officer, at any time after the filing of the statement of appeal, may order the taking of testimony of a-witness by oral examination. (b) The applicaton shall be made to the council or the hearing officer and shall state the reasons why the deposition should be taken, the time and place for taking the deposition, the name and post office address of the witness, and the subject matter concerning which the witness is expected to testify. if good cause is shown, an order for the taking of the deposition containing the appropriate instructions shall be made and served upon the parties. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16) §12-44-50 Depositions; persons before whom taken, oath, examination and cross-examination, record of examination, filing of disposition. (a) The deposition shall be taken before an officer authorized to administer oaths. (b) The officer before whom the testimony is to be taken shall put the witness on oath. The adverse party shall have the right to cross-examine the witness. The questions propounded to the witness and the answers thereto shall be taken stenographically and transcribed. (c) All objections made at the time of the examination shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objection. The officer taking the deposition shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony given by the witness and shall forward the deposition with two copies thereof in a sealed envelope, endorsed with the title of the proceeding, to the council's office. [Eff. 6/6/86] (Auth: HRS §132-16) (Imp: HRS §132-16) Page 10