Section 442-12-006 - Use of Depositions in Hearings (Rule 32)006.01 Use of Depositions Any part or all of a deposition, so far as admissible under Neb. Rev. Stat. § 77-5016 applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions.
006.01A Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness or for any purpose permitted by Neb. Rev. Stat. § 77-5016.006.01B The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under subsection 004.02F or 005.01, 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.006.01C The deposition of a witness, whether or not a party, may be used by any party for any purpose if the Commission finds: 006.01C1 That the witness is dead; or006.01C2 That the witness is at a greater distance than one hundred miles from the place of hearing, or out of the state, or beyond the subpoena power of the Commission, unless it appears that the absence of the witness was procured by the party offering the deposition; or006.01C3 That the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or006.01C4 That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or006.01C5 That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally before the Commission, to allow the deposition to be used; or006.01C6 Upon application and notice prior to the taking of the deposition, that circumstances exist such as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally before the Commission, to allow the deposition to be used.006.01D If only part of a deposition is offered in evidence by a party, an adverse party may require the party to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts relevant to the issues. Substitution of parties does not affect the right to use depositions previously taken.
006.02 Objections to Admissibility Subject to the provisions of subdivision 006.03C of this rule objection may be made at a hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying; or if the Commission directs, such objections may be heard and determined prior to hearing.
006.03 Effect of Errors and Irregularities in Deposition 006.03A As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.006.03B As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.006.03C As to Taking of Deposition. 006.03C1 Objections to the competency of a witness or to the competency or relevancy of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. In a deposition recorded and preserved by nonstenographic means such objections shall be made to the Commission before the hearing, or such objections will be waived, unless otherwise ordered by the Commission.006.03C2 Errors and irregularities occurring at the oral examination in the manner of taking the deposition in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.006.03C3 Objections to the form of written questions submitted under Section 005 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within ten days after service of the last questions authorized.006.03D As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or recorded, or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under sections 004 and 005 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.442 Neb. Admin. Code, ch. 12, § 006