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Rules Applicable to Deposition Testimony

The Federal Administrative Procedure Act authorizes administrative law judges to take depositions or have depositions taken when the ends of justice would be served.  However, it does not address the use of deposition testimony directly.  The 1981 Model State Administrative Procedure Act does not directly address the use of deposition testimony.  It requires that all testimony of parties and witnesses be made under oath or affirmation.  Furthermore, the Act permits the reception of written or oral statements of nonparties.  Pursuant to the Act, any part of the evidence may be received in written form to expedite the hearing without substantial prejudice to the interests of any party.

Inside Rules Applicable to Deposition Testimony