§ 955.16 (Rule 16) Depositions.

(a) When permitted. The parties may take depositions after an appeal has been docketed and the complaint has been filed. The parties may mutually agree to, or the Board may, on application of either party and for good cause shown, order oral or written depositions before any officer authorized to administer oaths at the place of examination. An application for a deposition order must specify whether the purpose of the deposition is for discovery or for use as evidence.

(b) Time, place, and manner. The parties should voluntarily cooperate to determine the time, place, and manner of taking depositions. In the absence of an agreement, either party may request an order from the Board to set the time and place of a deposition.

(c) Use as evidence. No deposition testimony will be considered as part of the evidence in an appeal unless and until that testimony is offered into evidence by one of the parties and accepted by the Board. In cases where the Board holds a hearing, the Board will not ordinarily receive deposition testimony into evidence if the deponent is available to testify at the hearing. The Board nonetheless retains discretion to admit any deposition testimony. A deposition may be used to contradict or impeach a witness at a hearing.

(d) Expenses. Except for depositions of expert witnesses, whose reasonable deposition fees, absent an agreement otherwise, must be borne by the party seeking the deposition, each party will bear its own expenses associated with taking and defending of any depositions.