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.
