Rule 218: Deposition

(a)   When Permitted. Either party in a disciplinary board proceeding may request in writing to take the deposition of a witness. The presiding officer may grant the request if the following applies:

(1)   the witness is not subject to service of a subpoena;

(2)   the witness is unable to attend or testify at the hearing because of age, illness, or other infirmity; or

(3)   the parties agree to the deposition.

(b)   Notice. The party requesting a deposition must give reasonable written notice to the other party. The notice must state the time and place of the deposition and the deponent’s name.

(c)   Method of Recording. A deposition must be taken under oath or affirmation and recorded by stenographic means.

(d)   Persons Attending Deposition. Unless otherwise stipulated by the parties or ordered by the presiding officer, no person may attend a deposition except the court reporter, the parties, and the deponent.

(e)   Remote Means. The parties may stipulate or for good cause the presiding officer may order that a deposition be taken by telephone or other remote means. The deposition takes place where the deponent answers the questions.

(f)   Original; Copy. The party requesting a deposition must file with the Board the original transcript of the deposition and serve the opposing party with a copy.

(g)   Costs. The party requesting a deposition must pay any costs.

[History: New rule adopted effective January 1, 2021.]