Section R20-5-819. Witnesses’ Oral Deposition; In State

A.      After a request for hearing has been filed with the Commis- sion, any party desiring to take the oral deposition of any other party or witness residing within the state of Arizona shall file with the hearing officer, in duplicate, notice of taking deposi- tion by oral examination. Copies of such Notice shall be served at least five days prior to the date of the deposition upon the deponent and upon every party by the party desiring to take the oral deposition.

B.       If any party or the deponent has any objection to the taking of the oral deposition of the party or witness, he shall file with the presiding hearing officer and serve on all parties written objec- tions thereto setting forth the basis of the opposition to the deposition. Such objection shall be filed with the hearing offi- cer within two days after the notice of taking deposition by oral examination is served.

C.      If objections to the taking of the oral deposition are filed with the hearing officer as provided in subsection (B) hereof, the hearing officer shall rule on the objections within five days after the filing of the objections. The taking of the oral deposi- tion shall be held in abeyance pending the ruling of the hearing officer. The hearing officer shall either order the deposition to proceed, order that the deposition not be taken, or enter such other protective order as may be appropriate.

D.      The party taking the deposition shall comply with the Arizona Rules of Civil Procedure governing the taking of depositions.

E.       The expense of any deposition shall be borne by the party tak- ing the deposition but shall not include the expense of any other party.

F.       No scheduled hearing shall be cancelled or continued for fail- ure to take or complete a deposition taken pursuant to the pro- visions of this rule.

G.      Depositions taken pursuant to the provisions of this rule shall only be used at the time of a hearing for impeachment of a wit- ness, unless the deponent is deceased at the time of the sched- uled hearing, in which event it may be admitted into evidence.

Historical Note

Adopted effective March 20, 1975 (Supp. 75-1). R20-5-

819  recodified from R4-13-819 (Supp. 95-1).