Ohio Administrative Code › Title 3746 - Environmental Review Appeals Commission › Chapter 3746-6 - Discovery › Section 3746-6-02 - Depositions

Current through all regulations passed and filed through July 1, 2024
(A) At any time
			 after the filing of an appeal and subject to such discovery deadlines as the
			 commission may order, any party may take the deposition of any other party or
			 person upon oral examination with respect to any matter within the scope of
			 discovery set forth in rule
			 3746-6-01 of the
			 Administrative Code. The attendance of witnesses and production of documents
			 may be compelled by subpoena as provided in rule
			 3746-6-06 of
			 the Administrative Code.
(B) Any
			 party desiring to take the deposition of any person upon oral examination shall
			 serve notice in writing to the deponent
								and all parties. The notice shall state the time and place for the
			 taking of the deposition and the name and address of each person to be
			 examined, if known, or if the name is not known, a general description
			 sufficient for identification. If a subpoena duces tecum is to be served upon
			 the person to be examined, a designation of the materials to be produced
			 thereunder shall be attached to, or included in, the notice.
(C) Upon a failure of agreement as to the
			 time and place for the taking of a deposition, an appropriate order of the
			 commission may be obtained by the party seeking to take the deposition.
(D) If any party demonstrates he
			 was unable with the exercise of due diligence to obtain counsel to represent
			 him or her at the taking of a deposition, the deposition may not be used
			 against such party.
(E)
			 Depositions shall be recorded stenographically unless otherwise agreed to by
			 the parties or ordered by the commission.
(F) Depositions may be taken before any
			 person authorized to administer oaths under the laws of the jurisdiction in
			 which the deposition is taken, or before any person appointed by the
			 commission. Unless all of the parties expressly agree otherwise, no deposition
			 shall be taken before any person who is a relative, employee, or attorney of
			 any party, or a relative or employee of such attorney.
(G) The officer before whom the deposition is
			 to be taken shall put the witness under oath or affirmation, and shall
			 personally, or by someone acting under his direction and in his presence,
			 record the testimony of the witness. Examination and cross-examination may
			 proceed as permitted in commission hearings.
(H) All objections made at the time of the
			 examination shall be noted upon the deposition by the officer. Evidence
			 objected to shall be taken subject to the objections. In lieu of participating
			 in the oral examination, parties may serve written questions in a sealed
			 envelope upon the party taking the deposition, who shall transmit them to the
			 officer, who in turn shall propound them to the witness and record the answers
			 verbatim.
(I) At any time during
			 the taking of a deposition, the commission may, upon motion of any party or the
			 deponent and upon a showing that the examination is being conducted in bad
			 faith or in such a manner as to unreasonably annoy, embarrass, or oppress the
			 deponent or party, order the person conducting the examination to cease taking
			 the deposition, or limit the scope and manner of the taking of the deposition
			 as provided in rule
			 3746-6-07 of
			 the Administrative Code. Upon demand of the objecting party or deponent, the
			 taking of thedeposition shall be suspended for the time necessary
			 to make a motion for such an order.
(J) When the testimony is fully transcribed,
			 the deposition shall be submitted and read by the deponent, unless
			  examination and reading are
			  waived by
			 the deponent and by the parties. Any changes in form or substance
			 that the
			 deponent desires to make shall be entered upon the deposition by the officer
			 with a statement of the reasons given by the deponent for making the changes.
			 The deposition shall then be signed by the deponent, unless the signing is expressly waived by the
			 parties or the deponent is ill or cannot be found or refuses to sign. If the
			 deposition is not signed by the deponent within thirty days after
			 its submission, the officer shall sign it and explain the reason for the lack
			 of signature for the record. The deposition may then be used as fully as though
			 signed, unless on a motion to suppress, the
			 commission holds that the reasons given for the refusal to sign require
			 rejection of the deposition in whole or in part.
(K) The officer shall certify on the
			 deposition that the deponent was duly sworn and that the deposition is a true
			 record of the statement given by the deponent.
(L) Documents and things produced for
			 inspection during the examination of the deponent shall, upon request of any
			 party, be marked for identification and annexed to the deposition, except that:
(1) The person producing the materials may
			 substitute copies to be marked for identification, if all parties are afforded
			 a fair opportunity to verify that the copies are identical to the originals;
			 and
(2) If the person producing
			 the materials requests their return, the officer shall mark them, give each
			 party an opportunity to inspect and copy them, and return them to the person
			 producing them. The materials may then be used in the same manner as if annexed
			 to the deposition.