Chapter 295-9 TAKING OF TESTIMONY BY DEPOSITION - AMENDED
| (1) |
At anytime during the course of the
proceeding, the presiding officer 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 Joint Secretary
and served upon all parties to the proceedings, including counsel for the
agency. |
| (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
agency. The presiding officer may, in his discretion, allow the application
where the circumstances are such that the witness to be deposed cannot appear
before the agency 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 presiding officer 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 be taken stenographically and shall be
transcribed. 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 agency prior to 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 deposition shall be sealed and filed
with the Joint Secretary. |
Application to take testimony by interrogatory shall be made
and allowed in the same manner as prescribed in Rule
295-9-.01.
