Ask X3What does 49 CFR 386.46 (Depositions) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 386.46 requires regarding depositions:
* When They Can Be Taken: Depositions may be taken at reasonable times after an Administrative Law Judge is appointed. Before referral to the Office of Hearings, you must petition the Agency Decisionmaker and show good cause.
* How They Are Conducted: Depositions may be taken by oral examination or written interrogatories before someone who has the power to administer oaths. They can also be done by telephone or remote electronic means if the parties agree in writing or the Administrative Law Judge orders it.
* Application Details: If you want to take a deposition, you must provide the time, place, name and address of the person administering the oath, the name and address of each witness, and the subject matter they are expected to cover.
* Notice Requirements: You must provide written notice to the witness and all other parties:
* At least 20 days in advance if the deposition is within the continental United States.
* At least 30 days in advance if held elsewhere (unless shortened by agreement or by the Agency Decisionmaker/Administrative Law Judge for good cause).
* Subpoenas and Recording: If using a *subpoena duces tecum* for materials, list or attach them to the notice. If recording by video or audio, specify the method in the notice.
* Written Questions Timeline: If using written questions, other parties have 14 days to serve cross-questions, 7 days for redirect questions, and 7 days for recross questions.
* Procedures During and After the Deposition: The witness must be sworn in, and other parties must be allowed to cross-examine. The questions, answers, and objections must be put in writing, read by or to the witness, signed by the witness, certified, sealed in an envelope, and filed properly.
* Limits: You cannot seek deposition testimony from more than five witnesses without permission, and individual depositions cannot exceed 8 hours for any single witness.