Md. Code Regs. 26.20.35.08

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.35.08 - Depositions upon Oral Examination or upon Written Questions

A. Any party desiring to take the testimony of any other party or other person by deposition upon oral examinations or written questions shall, without leave of the hearing officer, give reasonable notice in writing to every other party, to the person to be examined, and to the hearing officer, of the following:

(1) The proposed time and place of taking the deposition;

(2) The name and address of each person to be examined, if known, or, if the name is not known, a general description sufficient to identify him or the particular group or class to which he belongs;

(3) The matter upon which each person will be examined; and

(4) The name or descriptive title and address of the officer before whom the deposition is to be taken.

B. A deposition may be taken before any officer authorized to administer oaths by the laws of the United States or of the place where the examination is held.

C. The actual taking of the deposition shall proceed as follows:

(1) The deposition shall be on the record;

(2) The officer before whom the deposition is to be taken shall put the witness on oath or affirmation;

(3) Examination and cross-examination shall proceed as at a hearing;

(4) All objections made at the time of the examination shall be noted by the officer upon the deposition;

(5) The officer may not rule on objections to the evidence, but evidence objected to shall be taken subject to the objections.

D. When the testimony is fully transcribed, the deposition shall be submitted to the deponent for examination and signature, unless examination and signature are waived by the deponent. The officer shall certify the deposition or, if the deposition is not signed by the deponent, shall certify the reasons for the failure to sign.

E. If the deposition is to be taken upon written questions, the party taking the deposition shall serve a copy of the questions, showing each question separately and consecutively numbered, on every other party with a notice stating the name and address of the person who is to answer them, and the name, description, title, and address of the officer before whom they are to be taken. Within 30 days after service, any other party may serve cross-questions. The questions, cross-questions, and answers shall be recorded and signed, and the deposition certified, as in the case of a deposition on oral examination.

F. A deposition will not become a part of the record in the hearing unless received in evidence. If only part of a deposition is offered in evidence by a party, any other party may introduce any other parts.

G. A deponent whose deposition is taken and the officer taking a deposition shall be entitled to the same fees as are paid for like services in the district courts of the United States, to be paid by the party at whose instance the deposition is taken.

H. The deponent may be accompanied, represented, and advised by legal counsel.

Md. Code Regs. 26.20.35.08

Regulations .08 were previously codified as COMAR 08.13.09.44 a A_L, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.