---
kind: "section"
citation: "45 C.F.R. § 1149.36"
title: "45"
number: "1149.36"
heading: "How are depositions handled?"
url: "https://uscodex.org/cfr/45/1149.36"
---

# §1149.36. How are depositions handled?

- (a) **Depositions are to be handled in the following manner—**
  - (1) If a motion for deposition is granted, the ALJ must issue a subpoena for the deponent, which may require the deponent to produce documents. The subpoena must specify the time and place at which the deposition will be held.
  - (2) The party seeking to depose must serve the subpoena in the manner prescribed by [§ 1149.12](/cfr/45/1149.12.md).
  - (3) The deponent may file with the ALJ a motion to quash the subpoena or a motion for a protective order within 10 days of service.
  - (4) The party seeking to depose must provide for the taking of a verbatim transcript of the deposition, which it must make available to all other parties for inspection and copying.
- (b) Each party must bear its own costs of discovery.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.