R 408.22236 Depositions.

Rule 1236. (1) For reasons of unavailability or for other good cause shown, the testimony of any witness may be taken by deposition. Depositions shall be taken before a person designated by the hearing officer having the power to administer oaths. (2) A party desiring to take the deposition of a witness shall make application in writing to the hearing officer, setting forth the following. (a) The reasons why the deposition should be taken. (b) The time and date when, the place where, and the name and post office address of the person before whom the deposition is to be taken. (c) The name and address of the witness. (3) A notice, as the hearing officer may order, shall be given by the party taking the deposition to every other party. (4) Taking and receiving in evidence shall be as follows. (a) Each witness testifying upon deposition shall be sworn, and the parties not calling him shall have the right to cross-examine him. (b) The questions propounded and the answers thereto, together with objections made, shall be reduced to writing, read by the witness, subscribed by the witness, and certified by the person before whom the deposition is taken. (c) The person designated by the hearing officer, before whom the deposition is taken, shall mail 2 copies of the deposition by certified mail to the hearing officer. (d) Subject to such objections to the questions and answers as were noted at the time of taking the deposition, and those objections would be valid were the witness personally present and testifying, the deposition may be read and offered in evidence by the party taking it as against a party who was present, represented at the taking of the deposition, or who had due notice thereof. (e) Except for purposes of impeachment, a deposition shall not be admitted in evidence if the witness is available.