La. Admin. Code tit. 43 § XV-6755

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-6755 - Depositions upon Oral Examination or upon Written Questions

A. Any party desiring to take the testimony of any other party or other person by deposition upon oral examination or written questions shall, without leave of the commissioner or his authorized representative, give reasonable notice in writing to every other party, to the person to be examined and to the commissioner or his authorized representative of:

1. the proposed time and place of taking the deposition;

2. the name and address of each person to be examined and, if known, a general description sufficient to identify him or the particular group or class to which he belongs;

3. the matter upon which each person will be examined; and

4. the name or descriptive title and address of the officer before whom the deposition is to be taken.

B. A deposition may be taken before any officer authorized to administer oaths by the laws of the state of Louisiana or of the place where the examination is held.

C. The actual taking of the deposition shall proceed as follows:

1. the deposition shall be on the record;

2. the officer before whom the deposition is to be taken shall put the witness on oath or affirmation;

3. examination and cross-examination shall proceed as at a hearing;

4. all objections made at the time of the examination shall be noted by the officer upon the deposition; and

5. the officer shall not rule on objections to the evidence, but evidence objected to shall be taken subject to the objections.

D. When the testimony is fully transcribed, the deposition shall be submitted to the deponent for examination and signature, unless examination and signature is waived by the deponent. The officer shall certify the deposition or, if the deposition is not signed by the deponent, shall certify the reasons for the failure to sign.

E. Where the deposition is to be taken upon written questions, the party taking the deposition shall serve a copy of the questions, showing each question separately and consecutively numbered, on every other party with a notice stating the name and address of the person who is to answer them, and address of the officer before whom they are to be taken. Within 30 days after service, any other party may serve cross-questions. The questions, cross-questions and answers shall be recorded and signed, and the deposition certified, as in the case of a deposition on oral examination.

F. A deposition will not become a part of the record in the hearing unless received in evidence. If only part of a deposition is offered in evidence by a party, any other party may introduce any other parts.

G. A deponent whose deposition is taken and the officer taking a deposition shall be entitled to the same fees as are paid for like services in the district courts of the state, to be paid by the party at whose instance the deposition is taken.

H. The deponent may be accompanied, represented and advised by legal counsel.

La. Admin. Code tit. 43, § XV-6755

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.