Statutes, codes, and regulations
Delaware Administrative Code
Title 19 - LaborDepartment of LaborDivision of Industrial AffairsIndustrial Accident Board
Industrial Accident Board Regulations
Section 1331-10.0 - Depositions Upon Oral Examination

19 Del. Admin. Code §§ 1331-10.0

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Current through Register Vol. 27, No. 12, June 1, 2024
Section 1331-10.0 - Depositions Upon Oral Examination
10.1 After a petition has been filed with the Department, any party to a proceeding before the Board may obtain testimony by oral deposition of a expert witness, or a healthcare provider listed as a party pursuant to 19 Del.C. § 2346, for use in a hearing before the Board, in lieu of personal appearance before the Board.
10.2 The date, time and location of oral deposition shall be agreed upon by the parties with notice of date and time served by the party taking the oral deposition.
10.3 The procedure for obtaining such testimony shall conform to the Rules of Civil Procedure of the Superior Court of the State of Delaware insofar as may be practicable, and not inconsistent with this Rule.
10.4 Any party to a proceeding objecting to obtaining such testimony by oral deposition for use in such proceeding shall object by motion, presented upon notice, showing good cause for the objection.
10.5 The taking of fact witness depositions may not proceed without Board approval.
10.6 The deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.
10.7 The party placing a deposition into evidence during a Board hearing, must supply the Board with the original and three copies of the deposition transcript at the time of the hearing. If the parties have agreed to allow a Hearing Officer to conduct the hearing, the party placing the deposition into evidence must supply the Hearing Officer with the original and one copy of the deposition transcript at the time of the hearing. The party placing the deposition into evidence may provide the Board or Hearing Officer a disc or other electronic format of the deposition in addition to providing the copies above.
10.8 Medical witness fees pursuant to 19 Del.C. § 2322 (e) shall include the costs of depositions taken pursuant to this rule. Costs shall also include the taking of videotape depositions. The amount of such fees and costs shall be consistent with guidelines established pursuant to 19 Del.C. § 2322B (m).
10.9 All videotape depositions must be accompanied by written transcripts.

19 Del. Admin. Code §§ 1331-10.0

1 DE Reg. 938 (1/1/98)
15 DE Reg. 854 (12/01/11)