Section 408.22236. Depositions.

(1) For reasons of unavailability or for other good cause shown, the testimony of  any witness  may be taken by  deposition.

Depositions shall be taken before   a    person   designated   by   the   hearing officer having the power to administer oaths.

(2)   A party desiring to take the deposition of a witness shall make application in writing to  the hearing officer,  setting forth   the following.

(a)  The reasons why the deposition should be taken.

(b)   The time and date when, the place where, and the name and  post office address of the person before whom the deposition is to be taken.

(c)   The name and address of the witness.

(3)   A notice, as the hearing officer may order, shall be given by the party taking the deposition to every other party.

(4)   Taking and receiving in evidence shall be as follows.

(a)   Each witness testifying upon deposition shall be sworn, and the parties not calling him shall have the right to cross-examine him.

(b)   The questions propounded and the answers thereto, together with objections made, shall be reduced to writing, read  by  the  witness, subscribed by the witness, and certified by the  person  before  whom  the deposition is taken.

(c)   The person designated by the hearing officer, before whom the deposition is taken, shall mail 2 copies of the deposition  by certified mail to the hearing officer.

(d)  Subject to such objections to the questions and answers as were noted at the time of taking the deposition, and those objections would be valid were the witness personally present and testifying,   the  deposition may be read and offered in evidence by

the party taking it  as  against  a party who was present, represented at the taking of the deposition, or who had due notice thereof.

(e)   Except for purposes of impeachment, a deposition shall not be admitted in evidence if the witness is available.

History: 1979 AC.