W. Va. Code R. § 102-1-13

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 102-1-13 - Depositions

13.1. In order to promptly and efficiently process cases the parties are encouraged, particularly for the purpose of cross-examining expert witnesses, to use depositions to the maximum extent possible. Accordingly, depositions may be obtained and used for evidentiary purposes without prior consent of the Board of Review. Depositions shall be conducted in accordance with the section on "Administrative Hearings Procedures, Generally," except that the Board of Review need not be present and any person otherwise qualified and authorized to administer oaths or affirmations may do so to the deponents. Objections to questions asked in a deposition will be noted upon the record along with the grounds for the objection, and the question shall be answered with the question and answer transcribed as a part of the deposition on avowal. Motions relative to any objections made shall be submitted in writing to the Board of Review within fifteen (15) days after either party tenders the deposition to be made a part of the record. A ruling on motions as to the admissibility or inadmissibility of any questions and answers objected to will be rendered in a timely manner.

13.2. Procedure. The taking of a deposition shall be by agreement of the parties or upon reasonable notice to the deponent and all parties or, if the party is represented by counsel, their counsel of record. Notice shall be in writing and shall contain the date, time, and place of the deposition as well as the name and address of each person to be deposed. The cost of court reporter services shall be borne by the party requesting the deposition unless the Offices of the Insurance Commissioner agrees as a policy to assume the cost. The cost of witness fees and expenses shall be the obligation of a party as provided in the section on "Administrative Hearings Procedures, Generally." Parties are encouraged to utilize depositions to obtain testimony whenever possible.

13.3. Telephone deposition. Depositions may be taken by telephone conference call or other electronic means as if taken in person. The same procedure applies as provided for other depositions. Costs incurred in the taking of telephone depositions shall be borne as provided for other depositions.

13.4. Use of any deposition shall be subject to objection as in Circuit Court. The admission of any deposition into evidence may be denied if it appears that the deposition was taken at such place and under such circumstances as to impose an undue burden or hardship upon the opposing party.

W. Va. Code R. § 102-1-13