What does 49 CFR 386.47 (Use of deposition at hearings) require?

According to 49 CFR 386.47, depositions may be used at a hearing against any party who was present, represented, or had due notice of the deposition, provided the content is admissible under the rules of evidence. Specifically, the regulation permits the following uses:

* Contradicting or Impeaching: Any party can use any deposition to contradict or impeach a witness's testimony.

* Expert Witnesses: The deposition of an expert witness (such as a physician) can be used for any purpose, unless the Agency Decisionmaker or administrative law judge rules it unfair or a violation of due process.

* Parties and Officers: The deposition of a party, or someone who was an officer, director, or authorized agent of a party organization, can be used by any other party for any purpose.

* Unavailable Witnesses: The deposition of any witness (party or not) can be used for any purpose if the presiding officer finds any of the following conditions exist:

* The witness is dead.

* The witness is outside the United States or more than 100 miles from the hearing place (unless their absence was caused by the party offering the deposition).

* The witness cannot attend or testify due to age, sickness, infirmity, or imprisonment.

* The party offering the deposition could not secure the witness's attendance by subpoena.

* Exceptional circumstances exist, upon application and notice, making it desirable in the interest of justice to allow the deposition (with due regard for the importance of live oral testimony).

* Introducing Relevant Parts: If a party introduces only part of a deposition, any other party can require them to introduce all relevant parts, and any party may introduce other parts.

Key Rules on Objections and Witnesses:

* Objections at the Hearing: You can generally object at the hearing to admitting a deposition for any reason that would exclude the evidence if the witness were testifying live.

* Waived Objections: Procedural errors during the oral examination (such as the manner of taking it, form of questions, oath, or conduct) and errors that could be cured if promptly presented are waived unless a reasonable objection is made *during* the deposition. Objections to written interrogatories are waived unless served in writing.

* Witness Status: Simply taking a deposition does not make that person your witness. However, introducing their deposition into evidence for any purpose *other* than contradicting or impeaching generally makes them the witness of the party who introduced it.

* Rebuttal: Any party may rebut relevant evidence found in a deposition, regardless of who introduced it.