Depositions

Depositions. (a) A party wishing to take the deposition of a material witness residing within or without the State of Mississippi who will be unavailable to testify at the hearing pursuant to Miss. Code Ann. §75-76-109 (2), shall file a motion with the hearing examiner setting forth the witness' name, position, business or home address, a sufficient description of the purpose for which the witness will be called to enable the hearing examiner to determine the materiality of the witness, and the reason the witness will be unavailable to testify at the hearing. (b) Any other party may file a written opposition to the motion within five (5) days after receipt of the motion. (c) If the hearing examiner finds that the witness is a material witness and that he will be unavailable to testify at the time of the hearing, the hearing examiner shall order the deposition to be taken upon such terms and conditions as he deems appropriate. (d) A deposition of a non-party witness may be compelled by subpoena. (e) Depositions shall be taken before an officer authorized to administer oaths. A deposition shall not be taken before a person who is a relative, employee, attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is interested in the proceeding. (f) Testimony shall be taken upon oath or solemn affirmation. Unless the hearing examiner orders otherwise, the testimony shall be reported by stenographic means. The cost of transcription shall be borne by the party requesting the deposition. Such party shall provide a copy of the transcript to all parties interested in the proceeding. (g) Unless the parties and the witness agree otherwise, a deposition shall not take place on less than fifteen (15) calendar days’ notice. (h) A deposition may be used in a proceeding governed by this regulation for the same or similar purposes as depositions may be used in a court of law, or for any other purpose allowed by the hearing examiner. (i) Objection may be made at the hearing on the merits to receiving into evidence any deposition or a part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. If a deposition is received in evidence, any party may rebut any relevant evidence contained in the deposition. (Adopted: 09/25/1991.)