Ga. Comp. R. & Regs. R. 350-4-.18 - Depositions
(1) At any time during the course of a proceeding, the
Administrative Law Judge may, in his discretion, order that the testimony of a
witness be taken by deposition. Application to take a deposition in lieu of
personal appearance at the hearing shall be made by motion. Such motion shall
state the name and address of the witness, the time when, the place where, and
the subject matter about which the witness would be deposed, the relevance of
such testimony, and the specific reason why the witness cannot or will not
appear to testify at the hearing.
(2) In the exercise of his discretion in deciding whether to
order testimony by deposition, the Administrative Law Judge shall consider,
among other factors:
(a) whether requiring the appearance of a witness subject to
subpoena would endanger that person's health or work an undue hardship;
and
(b) whether ordering the taking of testimony by deposition will
result in an undue cost or burden on any other party, an undue delay in the
proceedings, or any injury to other parties from the delay.
(3) If the Administrative Law Judge orders testimony by
deposition, be may specify whether the scope of examination upon deposition
should be limited in any way, and if so, how.
(4) Subject to appropriate rulings on objections, a deposition
shall be received in evidence without the need to be tendered as if the
testimony contained therein had been given by the witness before the
Administrative Law Judge.
(5) Nothing in this Rule shall be read to allow the use of
depositions in discovery; provided, however, that if two parties voluntarily
agree to discovery by deposition, they will not be prevented from engaging in
such deposition or using the testimony or evidence thereby elicited.
(6) The cost of a deposition shall be borne by the party
requesting it, or according to voluntary agreement of the parties affected by
the testimony elicited thereby.
Notes
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