8.65—Depositions.
Depositions for use at a hearing may, with the written approval of the
Administrative Law Judge, be taken by either the Director of Practice or the
respondent or their authorized representatives. Depositions may be taken upon oral
or written questioning, upon not less than 10 days' written notice to the other
party before any officer authorized to administer an oath for general purposes or
before an officer or employee of the Bureau authorized to administer an oath
pursuant to 27 CFR 70.35. The written notice will state the names of the witnesses
and the time and place where the depositions are to be taken. The requirement of 10
days' notice may be waived by the parties in writing, and depositions may then be
taken from the persons and at the times and places mutually agreed to by the
parties. When a deposition is taken upon written questioning, any cross-examination
will be upon written questioning. Copies of the written questioning will be served
upon the other party with the notice, and copies of any written cross-interrogation
will be mailed or delivered to the opposing party at least 5 days before the date of
taking the depositions, unless the parties mutually agree otherwise. A party on
whose behalf a deposition is taken must file it with the Administrative Law Judge
and serve one copy upon the opposing party. Expenses in the reproduction of
depositions will be borne by the party at whose instance the deposition is
taken.