South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.234 - Depositions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Notice. Upon
				written notice to the witness and to all other parties, a party may take the
				testimony of a witness by deposition and may request the production of
				specified documents or materials by the witness at the deposition. The notice
				shall state the purpose and general scope of the deposition; the time and place
				it is to be taken; the name and address of the person before whom the
				deposition is to be taken; the name and address of each witness from whom a
				deposition is to be taken; and a specification of the documents and materials
				that the witness is requested to produce. The notice shall be not less than ten
				(10) days before the deposition.
B.
				Deposition of an Organization. If the deposition of a public or private
				corporation, partnership, association, or governmental agency is ordered, the
				organization so named shall designate one or more officers, directors, or
				agents to testify on its behalf, and may set forth, for each person designated,
				the matters on which (s)he will testify. The persons so designated shall
				testify as to matters reasonably known to them.
C. Procedure at Deposition. Depositions may
				be taken before any disinterested person having power to administer oaths in
				the location where the deposition is to be taken. Each witness deposed shall be
				placed under oath or affirmation, and the other parties shall have the right to
				cross-examine. The witness being deposed may have counsel or another
				representative present during the deposition. The questions propounded and all
				answers and objections shall be reduced to writing, read by or to and
				subscribed by the witness, and certified by the person before whom the
				deposition was taken. The parties may stipulate, or the Adjudicator may upon
				motion order, that the testimony at a deposition be recorded by other than
				stenographic means. The party requesting the deposition shall make appropriate
				arrangements for necessary facilities and personnel.
D. Deposition conducted other than in person.
				Depositions may be conducted by telephone if all parties agree. Depositions may
				also be conducted in accordance with S.C. Rules of Civil Procedure 30H. and
				31.
E. Motion to Terminate or Limit
				Examination. During the taking of a deposition, a party or the witness may
				request suspension of the deposition on the grounds of bad faith in the conduct
				of the examination, oppression of the witness or party, or improper questioning
				or conduct. Upon request for suspension, the deposition will be adjourned. The
				objecting party or witness must immediately move the Adjudicator for a ruling
				on the objection(s). The Adjudicator may then limit the scope or manner of
				taking the deposition; see R.
				9-100.237
				[Protective Order].
F. Foreign
				Country Deposition. Where a deposition is taken in a foreign country, it may be
				taken before a person having power to administer oaths in that location, or
				before a secretary of an embassy or legation, consul general, consul, vice
				consul or consular agent of the United States, or before such other person or
				officer as may be agreed upon by the parties by written stipulation filed with
				the Adjudicator.
G. Waiver of
				Deposing Officer's Disqualification. Objection to taking a deposition because
				of the disqualification of the officer before whom it is to be taken is waived
				unless made before the taking of the deposition begins or as soon thereafter as
				the disqualification becomes known or could have been discovered with
				reasonable diligence.