Md. Code Regs. 26.20.35.09

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.35.09 - Use of Depositions

A. At the hearing, any part or all of a deposition, so far as admissible, may be used against any party who was present or represented at the taking of the deposition, or who had reasonable notice of it.

B. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness.

C. The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent or a person designated to testify on behalf of a public or private corporation, partnership, or association or governmental agency which is a party, may be used by an adverse party for any purpose.

D. The deposition of a witness, whether or not a party, may be used by a party for any purpose, if the hearing officer finds that:

(1) The witness is dead;

(2) The witness is at a distance greater than 100 miles from the place of hearing, or is outside the United States, unless it appears that the absence of the witness was procured by the party offering the deposition;

(3) The witness is unable to attend or testify because of age, illness, infirmity, or imprisonment;

(4) The party offering the deposition has been unable to procure the attendance of the witness by subpoena; or

(5) Exceptional circumstances exist that make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally at the hearing, to allow the deposition to be used.

Md. Code Regs. 26.20.35.09

Regulations .09 were previously codified as COMAR 08.13.09.44 a A_L, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.