Depositions Upon Oral Examination

(1) Notice of Examination: Time and Places. The party desiring to take the deposition of any person upon oral examination shall give notice in writing to every other party to the hearing proceedings. The notice shall be served on the other parties at least five (5) days beforehand when the deposition is to be taken in the county in which the hearing is pending. When the deposition is to be taken out of the county, notice at least seven (7) days before the date of the deposition shall be given. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the Hearing Examiner or Commissioner may for cause shown enlarge or shorten the time. (2) Orders for the Protection of Parties and Deponents. After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and upon notice of good cause shown, which includes but is not limited to, grounds of irrelevancy, immateriality, undue delay or undue burden upon a party or deponent, privilege or confidentiality respecting the information sought, the Commissioner, Hearing Officer, or Administrative Law Judge may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the hearing and their officers or counsel, or that after being sealed the deposition shall be opened only by order of the Commissioner, Hearing Officer, or Administrative Law Judge, or that secret processes, developments or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the Commissioner, Hearing Officer, or Administrative Law Judge may make any order which justice requires to protect the party or witness from annoyance, embarrassment or oppression. (3) Record of Examination; Oath; Objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded (mechanically or electrically) and transcribed unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to objections made. (4) Motion to Terminate or Limit Examination. At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass or oppress RULES OF PROCEDURE FOR CONTESTED CASES CHAPTER 0180-06 the deponent or party, the Hearing Examiner or Commissioner may order the termination of the taking of the deposition, or may limit the scope and manner of taking the deposition as provided in paragraph (2) of this rule. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. (5) Submission to Witness; Change; Signing. When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived 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 or 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 or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may be used as fully as though signed, unless on a motion to suppress under Rule 0180-06-.10, the Hearing Examiner or Commissioner holds that the reasons for the refusal to sign require rejection of the deposition in whole or in part. (6) Certification and Filing by Officer; Copies; Notice of Filing. (a) The officer before whom the deposition is taken shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. 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 file it with the Administrative Procedures Division of the Department of State when it is to be heard by the Hearing Examiner or file it with the Commissioner when the hearing proceeding will take place before him. (b) Upon payment of reasonable charges therefor, the Hearing Examiner or Commissioner shall furnish a copy of the deposition to any party or the deponent. (c) When the deposition is filed, notice shall promptly be given to all parties.