§ 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.