15 CFR § 904.241 - Depositions.

---
identifier: "/us/cfr/t15/s904.241"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "15 CFR § 904.241 - Depositions."
title_number: 15
title_name: "Commerce and Foreign Trade"
section_number: "904.241"
section_name: "Depositions."
chapter_name: "NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL REGULATIONS"
part_number: "904"
part_name: "CIVIL PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1801  16 U.S.C. 1531  16 U.S.C. 1361  16 U.S.C. 3371  16 U.S.C. 1431  16 U.S.C. 6901  16 U.S.C. 773  16 U.S.C. 951  16 U.S.C. 5001  16 U.S.C. 3631  42 U.S.C. 9101  30 U.S.C. 1401  16 U.S.C. 971  16 U.S.C. 781  16 U.S.C. 2431  16 U.S.C. 972  16 U.S.C. 916  16 U.S.C. 1151  16 U.S.C. 3601  16 U.S.C. 1851 note; 15 U.S.C. 330  16 U.S.C. 2461  16 U.S.C. 5101  16 U.S.C. 1371  16 U.S.C. 3601  16 U.S.C. 1822 note, 16 U.S.C. 4001  16 U.S.C. 5501  16 U.S.C. 5601  16 U.S.C. 973  16 U.S.C. 1827a, 16 U.S.C. 7701  16 U.S.C. 7801  16 U.S.C. 1826g, 51 U.S.C. 60101  16 U.S.C. 7001  16 U.S.C. 7401  16 U.S.C. 2401  16 U.S.C. 1826k note, 1857 note, 22 U.S.C. 1980, Pub. L. 116-340, 134 Stat. 5128."
regulatory_source: "71 FR 12448, Mar. 10, 2006, unless otherwise noted."
cfr_part: "904"
---


# 904.241 Depositions.

(a) *Notice.* If a motion for deposition is granted, and unless otherwise ordered by the Judge, the party taking the deposition of any person must serve on that person and on any other party written notice at least 15 days before the deposition would be taken (or 25 days if the deposition is to be taken outside the United States). The notice must state the name and address of each person to be examined, the time and place where the examination would be held, the name, mailing address, telephone number, and email address (if one is available) of the person before whom the deposition would be taken, and the subject matter about which each person would be examined.

(b) *Taking the deposition.* Depositions may be taken before any officer authorized to administer oaths by the law of the United States or of the place where the examination is to be held, or before a person appointed by the Judge. Each deponent will be sworn, and any party has the right to cross-examine. Objections are not waived by failure to make them during the deposition unless the ground of the objection is one that might have been removed if presented at that time. The deposition will be recorded, transcribed, signed by the deponent, unless waived, and certified by the officer before whom the deposition was taken. All transcription costs associated with the testimony of a deponent will be borne by the party seeking the deposition. Each party will bear its own expense for any copies of the transcript. See also § 904.252(a).

(c) *Alternative deposition methods.* By order of the Judge, the parties may use other methods of deposing parties or witnesses, such as telephonic depositions, depositions through videoconference, or depositions upon written questions. Objections to the form of written questions are waived unless made within 5 days of service of the questions.

(d) *Use of depositions at hearing.* (1) At hearing, part or all of any deposition, so far as admissible under this Part as though the witness were then testifying, may be used against any party who was present or represented at the taking of the deposition or had reasonable notice.

(2) The deposition of a witness may be used by any party for any purpose if the Judge finds:

(i) That the witness is unable to attend due to death, age, health, imprisonment, disappearance or distance from the hearing site; or

(ii) That exceptional circumstances make it desirable, in the interest of justice, to allow the deposition to be used.

(3) If only part of a deposition is offered in evidence by a party, any party may introduce any other part.

[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38938, June 30, 2022]