§386 Deposition

Summary

Either party can take sworn oral testimony (a deposition) from anyone, even the other party, to find out facts or use as evidence in the contested election case. The questions can cover any non‑privileged facts that matter to the case, including documents and who knows relevant information. The opposing party may cross‑examine the witness. Testimony must be taken during the allowed testimony period and before an official who can administer oaths under U.S. law or the law where the questioning happens. Witnesses can be summoned by subpoena under section 388. A party may appear in person or be represented by an agent or attorney. The timing for taking testimony is set: the contestant has 30 days after an answer is served, or 30 days after the answer deadline if no answer is served; the contestee then has 30 days after the contestant’s time ends; and if the contestee has given testimony or filed sworn statements under section 387(c), the contestant has 10 days for rebuttal. The officer will put the witness under oath, make a verbatim record (usually stenographic) and make a transcript. Objections made during questioning must be noted and the evidence taken subject to them. Instead of oral questioning, a party served with a deposition notice may send written questions to the officer to ask the witness and record the answers exactly. When the transcript is ready, the witness may read and sign it or waive reading/signing; any changes the witness wants must be written in with the reasons. If the witness won’t sign or can’t be found or is ill, the officer notes that and the testimony can still be used unless the committee rules otherwise.