Washington Administrative Code
Title 263 - Industrial Insurance Appeals, Board of
Chapter 263-12 - Practice and procedure
Section 263-12-117 - Perpetuation depositions
Current through Register Vol. 24-06, March 15, 2024
(1) Evidence by deposition. The industrial appeals judge may permit or require the perpetuation of testimony by deposition, subject to the applicable provisions of WAC 263-12-115. Such ruling may only be given after the industrial appeals judge gives due consideration to:
(2) Deposition format: When testimony is taken by perpetuation deposition, a party or witness, representative, or other participant may participate, and testimony may be presented, in person or by contemporaneous transmission from a different location (telephone or video) if all parties agree. If there is no agreement, the industrial appeals judge may consider the following nonexclusive factors when determining the format by which participation occurs:
* The need of a party to observe a witness's demeanor.
* Difficulty in handling documents and exhibits.
* The number of parties participating in the deposition.
* Whether any of the testimony will need to be interpreted.
* Ability of the witness to travel.
* Availability of quality telecommunications equipment and service.
If a perpetuation deposition is taken by telephone or video, the court reporter transcribing the deposition is authorized to swear in the deponent, regardless of the deponent's location within or outside the state of Washington.
(3) The industrial appeals judge may require that depositions be taken and published within prescribed time limits. The time limits may be extended by the industrial appeals judge for good cause. Each party shall bear its own costs except when the industrial appeals judge allocates costs to parties or their representatives. If a party takes a deposition under this section, but elects not to file the deposition as evidence in the appeal, the party shall provide written notice to the assigned industrial appeals judge and all other parties prior to the deposition filing deadline.
(4) The party filing a deposition must submit the stenographically reported and transcribed deposition, certification, and exhibits in an electronic format in accordance with procedures established by the board. The following requirements apply to the submission of depositions:
(5) Procedure at deposition. Unless the parties stipulate or the industrial appeals judge determines otherwise all depositions permitted to be taken for the perpetuation of testimony shall be taken subject to the following conditions:
Statutory Authority: RCW 51.52.020. 10-14-061, § 263-12-117, filed 6/30/10, effective 7/31/10; 04-16-009, § 263-12-117, filed 7/22/04, effective 8/22/04; 03-02-038, § 263-12-117, filed 12/24/02, effective 1/24/03.