§386 Deposition

Summary

Either side can question any person, even the other side, by taking a recorded oral deposition to learn facts or to use as evidence in the contested election. Questions can cover any non‑private matter that matters to the case, including books, papers, where things are kept, and who knows about the facts. The contestant has 30 days to take testimony after an answer is served, or 30 days after the answer deadline if no answer is served (see section 383). The contestee then has 30 days after the contestant’s time ends. If the contestee already gave testimony or filed affidavits or stipulations under section 387(c), the contestant may give rebuttal testimony within 10 days after the contestee’s time ends. Depositions must be done before an officer who can give oaths, and witnesses can be forced to attend by subpoena (see section 388). A party can appear in person or use an agent or lawyer. The officer must put the witness under oath, record the testimony stenographically, and make a written transcript. Any objections during the taking must be noted and the evidence taken under those objections. Instead of the oral exam, a party served with notice may send written questions to be asked and recorded. When the transcript is ready, the witness must read it and may make changes with reasons. The witness should sign the deposition unless signing is waived, the witness is ill or absent, or refuses. If not signed, the officer must note why and may sign; the deposition can still be used unless the committee later rules to reject it.