---
kind: "range"
citation: "22 C.F.R. §§ 92.57–92.60"
title: "22"
from: "92.57"
to: "92.60"
count: 4
url: "https://uscodex.org/cfr/22/92.57..92.60"
---

# §92.57. Oral examination of witnesses.


When a witness is examined on the basis of oral interrogatories, the counsel for the party requesting the deposition has the right to conduct a direct examination of the witness without interruption except in the form of objection by opposing counsel. The opposing counsel has the same right on cross-examination. Cross-examination may be followed by redirect and recross-examinations until the interrogation is complete. The notarizing officer taking the deposition should endeavor to restrain counsel from indulging in lengthy colloquies, digressions, or asides, and from attempts to intimidate or mislead the witness. The notarizing officer has no authority to sustain or overrule objections but should have them recorded as provided in [§ 92.59](/cfr/22/92.59.md). Instead of taking part in the oral examination of a witness, the parties notified of the taking of a deposition may transmit written interrogatories to the notarizing officer. The notarizing officer should then question the witness on the basis of the written interrogatories and should record the answers verbatim. (Rules [30 (c)](/cfr/22/30.md?p=c) and [31 (b)](/cfr/22/31.md?p=b), Rules of Civil Procedure for the District Courts of the United States.)


# §92.58. Examination on basis of written interrogatories.


Written interrogatories are usually divided into three parts:

- (a) The direct interrogatories or interrogatories in chief;
- (b) The cross-interrogatories; and
- (c) **The redirect interrogatories.**

# §92.59. Recording of objections.


All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings must be noted in the deposition. Evidence objected to will be taken subject to the objections. (Rules [30 (c)](/cfr/22/30.md?p=c) and [31 (b)](/cfr/22/31.md?p=b), Rules of Civil Procedure for the District Courts of the United States.)


# §92.60. Examination procedures.

- (a) **Explaining interrogatory to witness.** If the witness does not understand what an interrogatory means, the notarizing officer should explain it to him, if possible, but only so as to get an answer strictly responsive to the interrogatory.
- (b) **Refreshing memory by reference to written records.** A witness may be permitted to refresh his memory by referring to notes, papers or other documents. The notarizing officer should have such occurrence noted in the record of the testimony together with a statement of his opinion as to whether the witness was using the notes, papers or other documents to refresh his memory or for the sake of testifying to matters not then of his personal knowledge.
- (c) **Conferring with counsel.** When the witness confers with counsel before answering any interrogatory, the notarizing officer should have that fact noted in the record of the testimony.
- (d) **Examining witness as to personal knowledge.** The notarizing officer may at any time during the examination of a witness propound such inquiries as may be necessary to satisfy himself whether the witness is testifying from his personal knowledge of the subject matter of the examination.
- (e) **Witness not to leave officer's presence.** The notarizing officer should request the witness not to leave his presence during the examination, except during the recesses for meals, rest, etc., authorized in [§ 92.56 (g)](/cfr/22/92.56.md?p=g). Failure of the witness to comply with this request must be noted in the record.