Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.818 - Depositions

Current through June 11, 2024
1. An application to take the deposition of a
				witness in lieu of oral testimony must be in writing and must set forth the
				reasons the deposition must be taken, the name and address of the witness, the
				matters to which the witness will testify and the time and place proposed for
				the taking of the deposition. The application must be filed with the Board and
				served on all other parties and interveners not less than 7 days, if the
				deposition is to be taken within the continental United States, or not less
				than 15 days, if the deposition is to be taken elsewhere, before the time the
				deposition is to be taken. Where good cause has been shown, the Board will make
				and serve on the parties and interveners an order which specifies the name of
				the witness whose deposition is to be taken and the time, place and designation
				of the officer before whom the witness is to testify.
2. The deposition may be taken before any
				officer authorized to administer oaths by the laws of the State of Nevada or of
				the place where the examination is held. If the examination is held in a
				foreign country, it may be taken before any secretary of embassy or legation,
				consul general, consul, vice consul or consular agent of the United
				States.
3. At the time and place
				specified in the order, the officer designated to take the deposition shall
				permit the witness to be examined and cross-examined under oath by all parties
				appearing. The testimony of the witness must be typewritten by the officer or
				under the officer's direction. All objections to questions or evidence are
				waived unless made at the examination. The officer may not rule upon any
				objection, but shall note them upon the deposition. The testimony must be
				subscribed by the witness in the presence of the officer who shall attach his
				or her certificate stating that the witness was sworn by the officer, that the
				deposition is a true record of the testimony and exhibits given by the witness,
				and that the officer is not of counsel or attorney to any of the parties nor
				interested in the proceeding. If the deposition is not signed by the witness
				because the witness is ill, dead, cannot be found or refuses to sign it, this
				fact must be included in the certificate of the officer and the deposition may
				be used as though signed. The officer shall immediately deliver an original and
				four copies of the transcript, together with the officer's certificate, in
				person or by registered mail to the Chief.
4. The Board will rule upon the admissibility
				of the deposition or any part of the deposition.
5. All errors or irregularities in compliance
				with the provisions of this section are waived unless a motion to suppress the
				deposition or a part of it is made with reasonable promptness after the defect
				is, or with due diligence might have been, discovered.
6. If the parties stipulate in writing,
				depositions may be taken before any person at any time or place, upon any
				notice and in any manner, and when so taken, may be used as other depositions
				are used.
Dep't of Occupational Safety &
				Health, Rule No. 70, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585