Tenn. Comp. R. & Regs. 0180-06-.10 - DEPOSITIONS PENDING ACTION

(1) When Depositions May Be Taken. Any party may take the testimony of any person, including a party, by deposition upon oral examination for the purpose of discovery or for use as evidence in the hearing or for both purposes. After commencement of the action, the deposition may be taken by the Respondent without leave of the Commissioner, Hearing Officer, or Administrative Law Judge. Depositions may be taken by the Complainant, after commencement of the action, without leave of the Commissioner, Hearing Officer, or Administrative Law Judge, except that leave, with or without notice, must be obtained if notice of the taking is served by the Complainant within five days after commencement of the action. The Commissioner, Hearing Officer, or Administrative Law Judge may continue the hearing, upon motion of any party, to provide additional time for the taking of depositions. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 0180-6-.18.

(2) Scope of Examination. Unless otherwise ordered by the Hearing Examiner or Commissioner as provided in Rule 0180-6-.13, the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending hearing, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the hearing if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence.

(3) Examination and Cross-examination. Examination and cross-examination of deponents may proceed as provided for in T.C.A. § 4-515 and as specified in these rules.

(4) Use of Depositions:

(a) At the hearing, any part or all of the depositions, so far as admissible under T.C.A. § 4-5-109, may be used against any party for any purpose who was present or represented at the taking of the deposition or who had due notice thereof in accordance with Rule 26.04 of the Tennessee Rules of Civil Procedure.

(b) If only part of the deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.

(c) Substitution of parties does not affect the right to use depositions previously taken; and when any hearing proceedings has been dismissed and another proceeding involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former proceedings may be used in the latter as if originally taken thereof.

(5) Objections to Admissibility. Subject to the provisions of Rules 0180-6-.11 and 0180-6-.14, objections may be made at the hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

(6) Effect of Taking or Using Depositions. At the hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.

Notes

Tenn. Comp. R. & Regs. 0180-06-.10

Original rule filed November 25, 1975; effective December 27, 1975. Amendment filed February 17, 1984; effective May 15, 1984.

Authority: T.C.A. § 4-5-110(d).