Compilation of Rules and Regulations of the State of Georgia
Department 616 - OFFICE OF STATE ADMINISTRATIVE HEARINGS
Chapter 616-1
Subject 616-1-2 - ADMINISTRATIVE RULES OF PROCEDURE
Rule 616-1-2-.20 - Depositions; Written Direct Testimony

Universal Citation: GA Rules and Regs r 616-1-2-.20

Current through Rules and Regulations filed through March 20, 2024

(1) At any time during the course of a proceeding, the Court may order the testimony of a witness to be taken by deposition or in response to written questions.

(a) Subject to appropriate rulings on objections, a deposition or written direct testimony shall be received in evidence as if the testimony had been given by the witness before the Court. Whenever used in this Rule, the word "witness" shall be construed to include parties.

(2) Depositions.

(a) The Court may specify whether the scope of examination by deposition should be limited.

(b) Procedures for oral depositions to secure testimony shall be as follows:
1. Examination and cross-examination of a deponent shall proceed under the same rules of evidence as are applicable to hearings under this Chapter.

2. Each deponent shall be duly sworn by an officer authorized to administer oaths by the laws of the United States or the place where the examination is held, and the deponent's testimony shall be recorded and transcribed.

3. Objections.
(i) Any objections made at the time of the deposition to the qualifications of the officer taking the deposition, to the manner in which the deposition was taken, to the evidence presented, to the conduct of any party, or to the proceedings shall be recorded and included in the transcript. Evidence to which there is an objection shall be taken subject to the objection.

(ii) Any error or irregularity in the notice of taking testimony by deposition shall be deemed waived unless written objection thereto is filed with the Court and served upon all parties prior to the deposition in accordance with Rule 11.

(iii) Any objection relating to the qualifications of the officer before whom the deposition is to be taken shall be deemed waived unless made before the deposition begins or as soon thereafter as the alleged lack of qualification becomes known or should have been discovered in the exercise of reasonable diligence.

(iv) Any objection to the competency of a witness or to the competency, relevancy, or materiality of testimony is not waived by failure to make an objection before or during the deposition unless the ground of the objection is one which might have been removed if presented at the time.

(v) Any error or irregularity occurring during the deposition in the administration of the oath or affirmation, the manner in which the deposition was taken, the form of questions or the answers thereto, the conduct of any party, or any error of a kind which might have been removed or cured if timely raised, shall be deemed waived unless reasonable objection thereto is made at the deposition.

(vi) Any error or irregularity in the manner in which the testimony is transcribed or the deposition is prepared, certified, transmitted, filed, or otherwise dealt with by the officer taking the deposition shall be deemed waived unless a motion to strike all or a part of the deposition is made with reasonable promptness after such error or irregularity is or should have been ascertained in the exercise of reasonable diligence.

4. The deposition shall be transcribed, certified, and filed with the Court. Any party who contends that the transcript does not truly or fully disclose what transpired at the deposition shall file a notice with the Court specifying alleged errors and omissions within ten (10) calendar days of filing the deposition. If the parties are unable to agree as to the alleged errors and omissions, the Court shall set the matter down for hearing with notice to all parties for the purpose of resolving the differences so as to make the record conform to the truth.

5. Documents and objects produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and attached to and filed with the deposition, and may be inspected and copied by a party. Copies may be substituted for originals if each party is given an opportunity to compare the proffered copy with the original to verify its correctness.

(3) Written Direct Testimony.

(a) The Court shall have the discretion to authorize or require the submission of direct testimony in written form.

(b) Application to take testimony by written questions shall be made and considered in the same manner as prescribed for depositions in subsection (2) of this Rule.

(c) If the Court orders the taking of testimony on written questions, each written question shall be answered separately and fully in writing under oath, unless objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and any objections shall be signed by the person making them.

(d) Unless otherwise ordered by the Court, a party submitting written direct testimony in support of an issue on which it has the burden of proof shall file and serve the written direct testimony upon all parties no less than fifteen (15) calendar days before the hearing. All other testimony shall be filed and served upon all parties no less than five (5) business days before the hearing.

(e) The admissibility of the evidence contained in written testimony shall be subject to the same rules as if the testimony were produced under oral examination. The witness presenting the statement shall swear to or affirm the statement at the hearing and shall be subject to full cross-examination.

O.C.G.A. §§ 50-13-13(a)(6); 50-13-40(c).

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