S.C. Code Regs. § § 9-100.234

Current through Register Vol. 48, No. 10, October 25, 2024

Section 9-100.234 - Depositions

A. Notice. Upon written notice to the witness and to all other parties, a party may take the testimony of a witness by deposition and may request the production of specified documents or materials by the witness at the deposition. The notice shall state the purpose and general scope of the deposition; the time and place it is to be taken; the name and address of the person before whom the deposition is to be taken; the name and address of each witness from whom a deposition is to be taken; and a specification of the documents and materials that the witness is requested to produce. The notice shall be not less than ten (10) days before the deposition.

B. Deposition of an Organization. If the deposition of a public or private corporation, partnership, association, or governmental agency is ordered, the organization so named shall designate one or more officers, directors, or agents to testify on its behalf, and may set forth, for each person designated, the matters on which (s)he will testify. The persons so designated shall testify as to matters reasonably known to them.

C. Procedure at Deposition. Depositions may be taken before any disinterested person having power to administer oaths in the location where the deposition is to be taken. Each witness deposed shall be placed under oath or affirmation, and the other parties shall have the right to cross-examine. The witness being deposed may have counsel or another representative present during the deposition. The questions propounded and all answers and objections shall be reduced to writing, read by or to and subscribed by the witness, and certified by the person before whom the deposition was taken. The parties may stipulate, or the Adjudicator may upon motion order, that the testimony at a deposition be recorded by other than stenographic means. The party requesting the deposition shall make appropriate arrangements for necessary facilities and personnel.

D. Deposition conducted other than in person. Depositions may be conducted by telephone if all parties agree. Depositions may also be conducted in accordance with S.C. Rules of Civil Procedure 30H. and 31.

E. Motion to Terminate or Limit Examination. During the taking of a deposition, a party or the witness may request suspension of the deposition on the grounds of bad faith in the conduct of the examination, oppression of the witness or party, or improper questioning or conduct. Upon request for suspension, the deposition will be adjourned. The objecting party or witness must immediately move the Adjudicator for a ruling on the objection(s). The Adjudicator may then limit the scope or manner of taking the deposition; see R. 9-100.237 [Protective Order].

F. Foreign Country Deposition. Where a deposition is taken in a foreign country, it may be taken before a person having power to administer oaths in that location, or before a secretary of an embassy or legation, consul general, consul, vice consul or consular agent of the United States, or before such other person or officer as may be agreed upon by the parties by written stipulation filed with the Adjudicator.

G. Waiver of Deposing Officer's Disqualification. Objection to taking a deposition because of the 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 have been discovered with reasonable diligence.

S.C. Code Regs. § 9-100.234

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.