36.12.216    DEPOSITIONS TO PRESERVE TESTIMONY

(1) Upon the motion of any party, the hearing examiner may order that the testimony of any witness be taken by deposition to preserve that witness' testimony in the manner prescribed by law for depositions in civil actions, which includes the right of other parties to attend the deposition and cross-examine the witness. The motion shall indicate the relevancy and shall make a showing that the witness will be unable or cannot be compelled to attend the hearing or show other good cause. No part of a deposition shall constitute a part of the record unless received in evidence by the hearing examiner.

History: Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, Sec. 2-4-602 and 2-4-611, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.