New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.50 - Deposition in place of oral testimony

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A deposition in lieu of oral testimony
					 ordinarily will not be allowed, except in exigent circumstances. An application
					 to take the deposition of a witness in lieu of oral testimony must be in
					 writing and must set forth the reasons such deposition should be taken, the
					 name and address of the witness, the matters concerning which it is expected
					 they will testify and the time and place proposed for the taking of the
					 deposition, together with the name and address of the officer before whom it is
					 desired that the deposition be taken. Such application must be filed with the
					 Board, with proof of service on all other parties. If the application is
					 granted, the Board will make and serve on the parties 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.
(b) Such deposition, when permitted by the
					 Board, may be taken before any officer authorized to administer oaths by the
					 laws of the State of New York, or of the place where the examination is
					 held.
(c) At the time and place
					 specified in the order, the officer designated to take such deposition will
					 permit the witness to be examined and cross-examined under oath or affirmation
					 by all parties appearing, and the questions asked of and answers given by the
					 witness will be recorded verbatim and reduced to typewriting by the officer
					 before whom the deposition is taken or under his or her direction.
(d) All objections to questions or evidence
					 are deemed waived unless made at the examination. The officer does not have
					 power to rule upon any objection, but they shall note them upon the deposition.
					 The testimony will be subscribed by the witness in the presence of the officer,
					 who shall attach his or her certificate stating that the witness was duly
					 sworn, 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 they are ill, dead, cannot be found, or refuse to sign
					 it, such fact will be included in the certificate of the officer and the
					 deposition may be used as fully as though signed. The officer will immediately
					 deliver, in accordance with sections
					 65.16 and
					 65.17 
					 of these rules, a copy of the transcript, together with the officer's
					 certificate, in person or by certified mail to the Board at its Albany
					 office.
(e) The Board will rule
					 upon the admissibility of the deposition or any part thereof.
(f) The right to object to any error or
					 irregularity that does not comply with the provisions of this rule shall be
					 deemed 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, discovered.
(g) If
					 the parties so stipulate in writing, the deposition 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.