Rule 9: Depositions.

CFR · 2024-01-01 · US · Title 9

(a) (b) (c) (2) The presiding officer may direct, or the parties may agree, that the deposition, if taken, shall be taken by means of written questions. If the presiding officer finds, upon the protest of a party to the proceeding, that such party has a principal place of business or residence more than 100 miles from the place of the examination and that it would constitute an undue hardship on such party to be present or represented at an oral examination at such place, the deposition, if taken, shall be taken by means of written questions. In any such case, the presiding officer shall state on the record at the oral hearing that, or shall serve the parties with notice that, the deposition, if taken, shall be taken by means of written questions. (3) If the examination is conducted by means of written questions, copies of the applicant's questions must be received by the other party to the proceeding and the officer at least 10 days prior to the date set for the examination unless otherwise agreed, and any cross questions of a party other than the applicant must be received by the applicant and the officer at any time prior to the time of the examination. (d) (2) The order shall be served on the parties and shall include: (i) The name and address of the officer before whom the deposition is to be made; (ii) The name of the deponent; (iii) Whether the deposition will be oral or on written questions; (iv) If the deposition is oral, the manner in which the deposition is to be c

official document · source cfr-2024 · id 9:§ 202.109