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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-1. PUBLIC SERVICE COMMISSION RULES OF PRACTICE AND PROCEDURE |
Section 15-126. CONDUCT OF DEPOSITIONS
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126.1The court reporter before whom the deposition is to be taken shall put the deponent under oath or affirmation and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the deponent.
126.2The testimony shall be transcribed unless the parties agree otherwise.
126.3All objections made at the time of the examination to the manner of taking the deposition or the evidence presented, or to the conduct of any party, and any other objections to the proceedings, shall be noted by the court reporter upon the deposition. Evidence objected to shall be taken subject to the objections.
126.4Any party served with a notice to take an oral deposition, may cross-examine a deponent whose testimony is taken under that deposition. In lieu of cross-examination, parties served with notice of taking a deposition may transmit written interrogatories or cross-interrogatories to the court reporter taking the deposition, who shall propound them to the deponent and record the answers verbatim together with any objection interposed thereto by adverse parties.
126.5When the testimony is fully transcribed the deposition of each deponent shall be submitted to him or her for examination and shall be read to or by him or her.
126.6Any changes in form or substance which the deponent desires to make shall be entered upon the deposition by the court reporter with a statement of the reasons given by the deponent for making them.
126.7The deposition shall then be signed by the deponent, unless the parties by stipulation waive the signing or the deponent is ill or cannot be found or refuses to sign.
126.8If the deposition is not signed by the deponent, the court reporter shall sign it and state on the record the fact of the waiver or of the illness or absence of the deponent or the fact of the refusal to sign together with the reason, if any, given therefor; and 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 required rejection of the deposition in whole or in part.
126.9The court reporter taking the deposition shall certify on the deposition that the deponent was duly sworn or put on affirmation by him or her and that the deposition is a true record of the testimony given by the deponent, and that the court reporter is not of counsel or attorney to either of the parties, or interested in the event or the proceeding or investigation.
126.10The court reporter shall then securely seal the deposition in an envelope endorsed with the title of the action and marked "Deposition of [here insert name of deponent]" and shall promptly send the original and three (3) copies of all exhibits, where practicable, by registered mail to the Commission.