---
kind: "section"
citation: "43 C.F.R. § 4.1044"
title: "43"
number: "4.1044"
heading: "How may a party use a deposition in the hearing?"
url: "https://uscodex.org/cfr/43/4.1044"
---

# §4.1044. 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 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 judge.
  - (2) The judge 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) **Video-recorded deposition.** If the deposition was video recorded and is admitted into evidence, relevant portions will be played during the hearing and transcribed into the record by the reporter.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.