Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-21 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 150-21-.02 - Conduct of the Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) Examination and cross-examination of the
			 witness shall proceed as would be permitted at the hearing and under those
			 rules of evidence applicable to proceedings conducted pursuant to the Georgia
			 Administrative Procedure Act. The officer before whom the deposition is to be
			 taken shall put the witness on oath and shall personally record the testimony
			 of the witness. The testimony shall either be taken stenographically and shall
			 be transcribed or shall be taken by video deposition. All objections made at
			 the time of examination to the qualifications of the officer taking the
			 deposition, or to the manner of taking it, or to the evidence presented, or to
			 the conduct of any party, and any other objections to the proceedings, shall be
			 noted by the officer upon the deposition. Evidence objected to shall be taken
			 subject to the objection.
(2) All
			 errors and irregularities in the notice of taking testimony by deposition shall
			 be deemed waived unless written objection thereto is served upon the Board
			 prior to the deposition, unless the errors and irregularities in the notice
			 prevented such advanced writing, in which case, such objection shall be made
			 expeditiously and prior to the beginning of the deposition. Objections to
			 taking testimony by depositions because of disqualification of the officer
			 before whom it is to be taken shall be deemed waived unless made before the
			 deposition begins or as soon thereafter as the disqualification becomes known
			 or could be discovered with reasonable diligence.
(3) Objections to the competency of a witness
			 are not waived by failure to make them before or during the deposition, unless
			 the ground of the objection is one which might have been obviated or removed if
			 presented at that time. Errors and irregularities occurring at the taking of
			 the testimony in the manner of taking the deposition, in the form that the
			 questions are answered, in the oath of affirmation, or in the conduct of the
			 parties, and errors of any kind which might be obviated, removed or cured if
			 properly presented, shall be deemed waived unless reasonable objection thereto
			 is made at the deposition.
(4)
			 Errors and irregularities in the manner in which the testimony is transcribed
			 or the deposition is prepared, certified, sealed, endorsed, transmitted, filed,
			 or otherwise dealt with by the officer taking the testimony 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.
(5) The transcript of
			 the deposition or the video deposition must be certified by a court reporter in
			 order to be accepted as evidence upon filing with the Board or its
			 designee.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-13,
				50-13-15.