50 CFR § 221.53 - How may a party use a deposition in the hearing?

---
identifier: "/us/cfr/t50/s221.53"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 221.53 - How may a party use a deposition in the hearing?"
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "221.53"
section_name: "How may a party use a deposition in the hearing?"
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "221"
part_name: "CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 797(e), 811, 823d."
regulatory_source: "80 FR 17207, Mar. 31, 2015, unless otherwise noted."
cfr_part: "221"
---


# 221.53 How may a party use a deposition in the hearing?

(a) *In general.* Subject to the provisions of this section, a party may use in the hearing any part or all of a deposition taken under § 221.44 against any party who:

(1) Was present or represented at the taking of the deposition; or

(2) Had reasonable notice of the taking of the deposition.

(b) *Admissibility.* (1) No part of a deposition will be included in the hearing record, unless received in evidence by the ALJ.

(2) The ALJ will exclude from evidence any question and response to which an objection:

(i) Was noted at the taking of the deposition; and

(ii) Would have been sustained if the witness had been personally present and testifying at a hearing.

(3) If a party offers only part of a deposition in evidence:

(i) An adverse party may require the party to introduce any other part that ought in fairness to be considered with the part introduced; and

(ii) Any other party may introduce any other parts.

(c) *Videotaped deposition.* If the deposition was recorded on videotape and is admitted into evidence, relevant portions will be played during the hearing and transcribed into the record by the reporter.