The testimony of a witness may be taken by deposition at any time before the record in a docket is closed.
A party proposing to take a deposition must notify all other parties in writing. Unless notice is waived, a party must provide 10 days’ notice to the parties of a deposition to be taken within the state and 15 days’ notice for a deposition to be taken out of state. The notice must state the witness’s name and address, the subject matter of the deposition, the time and place for taking the deposition, the method by which the deposition will be recorded, any materials to be produced at the deposition, and the reason for the deposition.
Deposition testimony must be taken under oath before a court reporter and must be transcribed or recorded. The court reporter must certify that the witness was sworn in the court reporter’s presence and that the transcript is a true record of the testimony or a correct transcription of a recording.
A party may examine a deponent on any matter not privileged that appears reasonably calculated to lead to the discovery of relevant evidence.
Unless received in evidence by the Commission or ALJ, no portion of a deposition is a part of the record in the docket. A party may object to receiving in evidence any portion of a deposition. Upon request, the deposing party must provide the Commission or ALJ a transcribed copy of the deposition.
The deposing party must pay the deponent and the court reporter the same fees as are paid for like services in the courts of the state where the deposition is taken.
A party may request that an ALJ attend a deposition to address any objections. A party may also request that an ALJ put appropriate conditions or limitations on a deposition.