Chapter 150-21 TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY
| (1) |
At any time during the course of the
proceeding, the Board or its designee may, in his discretion, permit the
testimony of a witness to be taken by deposition. Application to take testimony
by deposition shall be made in writing and shall be filed with the Executive
Director of the Board and served upon all parties to the proceedings, including
counsel for the Board. |
| (2) |
The
application shall state the name and address of the witness, the subject matter
concerning which the witness is expected to testify, the date, time and place
of the proposed deposition, and the reason why the witness cannot appear and
testify before the Board. The Board or its designee may, in his, her or its
discretion, allow the application where the circumstances are such that the
witness to be deposed cannot appear before the Board without substantial
hardship to the deponent or to the parties to the case or that testimony by any
other method will unduly delay expeditious completion of the proceedings. An
application for the taking of testimony by deposition shall not be allowed if
the deposition would result in any undue burden to another party or any undue
delay of the proceedings. If the application is allowed, the Board or its
designee should give notice of the taking of the testimony by deposition to all
parties. |
| (1) |
Examination and cross-examination of the
witness shall proceed as would be permitted at the hearing and under those
rules of evidence applicable to proceedings conducted pursuant to the Georgia
Administrative Procedure Act. The officer before whom the deposition is to be
taken shall put the witness on oath and shall personally record the testimony
of the witness. The testimony shall either be taken stenographically and shall
be transcribed or shall be taken by video deposition. All objections made at
the time of 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 objections to the proceedings, shall be
noted by the officer upon the deposition. Evidence objected to shall be taken
subject to the objection. |
| (2) |
All
errors and irregularities in the notice of taking testimony by deposition shall
be deemed waived unless written objection thereto is served upon the Board
prior to the deposition, unless the errors and irregularities in the notice
prevented such advanced writing, in which case, such objection shall be made
expeditiously and prior to the beginning of the deposition. Objections to
taking testimony by depositions because of disqualification of the officer
before whom it is to be taken shall be deemed waived unless made before the
deposition begins or as soon thereafter as the disqualification becomes known
or could be discovered with reasonable diligence. |
| (3) |
Objections to the competency of a witness
are not waived by failure to make them before or during the deposition, unless
the ground of the objection is one which might have been obviated or removed if
presented at that time. Errors and irregularities occurring at the taking of
the testimony in the manner of taking the deposition, in the form that the
questions are answered, in the oath of affirmation, or in the conduct of the
parties, and errors of any kind which might be obviated, removed or cured if
properly presented, shall be deemed waived unless reasonable objection thereto
is made at the deposition. |
| (4) |
Errors and irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, certified, sealed, endorsed, transmitted, filed,
or otherwise dealt with by the officer taking the testimony are waived unless a
motion to suppress the deposition or some part thereof is made with reasonable
promptness after such defect is, or with due diligence might have been,
ascertained. |
| (5) |
The transcript of
the deposition or the video deposition must be certified by a court reporter in
order to be accepted as evidence upon filing with the Board or its
designee. |
Application to take testimony by interrogatory shall be made
and allowed in the same manner as prescribed in Rule
150-21-.01.
Application to take testimony by telephone shall be made and
allowed in the same manner as prescribed in Rule
150-21-.01.
