Goto Section: 1.316 | 1.319 | Table of Contents
FCC 1.318
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.318 The taking of depositions.
(a) Persons before whom depositions may be taken. Depositions shall be taken
before any judge of any court of the United States; any U.S. Commissioner;
any clerk of a district court; any chancellor, justice or judge of a supreme
or superior court; the mayor or chief magistrate of a city; any judge of a
county court, or court of common pleas of any of the United States; any
notary public, not being of counsel or attorney to any party, nor interested
in the event of the proceeding; or presiding officers, as provided in
§ 1.243.
(b) Attendance of witnesses. The attendance of witnesses at the taking of
depositions may be compelled by the use of subpena as provided in § § 1.331
through 1.340.
(c) Oath; transcript. The officer before whom the deposition is to be taken
shall administer an oath or affirmation to the witness and shall personally,
or by someone acting under his direction and in his presence record the
testimony of the witness. The testimony may be taken stenographically or,
upon approval by the presiding officer, testimony may be taken through the
use of telephonically or electronically recorded methods, including
videotape. In the event these latter methods are used for the deposition,
the parties may agree to the waiver of the provisions of paragraphs (e) and
(f) as appropriate and as approved by the presiding officer.
(d) Examination. (1) In the taking of depositions upon oral examination, the
parties may proceed with examination and cross-examination of deponents as
permitted at the hearing. In lieu of participating in the oral examination,
parties served with the notice to take depositions may transmit written
interrogatories to the officer designated in the notice, who shall propound
them to the witness and record the answers verbatim.
(2) In the taking of depositions upon written interrogatories, the party who
served the original interrogatories shall transmit copies of all
interrogatories to the officer designated in the notice, who shall propound
them to the witness and record the answers verbatim.
(e) Submission of deposition to witness; changes; signing. When the
testimony is fully transcribed, the deposition of each witness shall be
submitted to him for examination and shall be read to or by him, unless such
examination and reading are waiver 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, 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, the illness or absence of the witness, or of his
refusal to sign, together with the reason (if any) given therefor; and the
deposition may then be used as fully as though signed, unless upon a motion
to suppress, the presiding officer holds that the reason given for the
refusal to sign requires rejection of the deposition in whole or in part.
(f) Certification of deposition and filing by officer; copies. The officer
shall certify on the deposition that the witness was duly sworn by him, that
the deposition is a true record of the testimony given by the witness, and
that said officer is not of counsel or attorney to either of the parties,
nor interested in the event of the proceeding or investigation. 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 send the original and two copies of the deposition and of all
exhibits, together with the notice and any interrogatories received by him,
by certified mail to the Secretary of the Commission.
[ 33 FR 463 , Jan. 12, 1968, as amended at 47 FR 51873 , Nov. 18, 1982]
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Goto Section: 1.316 | 1.319
Goto Year: 2014 |
2016
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