1. A. A party may take the oral deposition of another party or a witness residing in Arizona by serving a Notice of Deposition by Oral Examination upon the deponent and every party at least 10 days before the date of the oral deposition and at least 40 days before the first scheduled hearing.

2. B. A party may file with the presiding administrative law judge a written objection to the taking of an oral deposition within five days after service of the Notice of Deposition. If no request for hearing has been filed, a party shall file the written objection with the chief administrative law judge. The party objecting to the deposition shall:

   1. 1. State the basis for objecting to the deposition; and
   2. 2. Serve a copy of the party’s objections on all parties.

3. C. The oral deposition shall not commence until the presiding administrative law judge rules on the written objection. The presiding administrative law judge shall rule on the written objection to the taking of an oral deposition within seven days after a party files a written objection by:

   1. 1. Ordering the deposition to proceed;
   2. 2. Ordering the deposition not be taken; or
   3. 3. Entering any other appropriate protective order.
4. D. The party taking the deposition shall comply with the Arizona Rules of Civil Procedure governing the taking of depositions.
5. E. Only the fees and costs associated with the taking of any deposition shall be borne by the party taking the deposition.
6. F. A presiding administrative law judge, in the exercise of discretion, and upon a showing of good cause, may cancel or continue a hearing because a party fails to take or complete a deposition under this Section.

7. G. A deposition taken under this Section shall only be used to impeach a witness during a hearing, except that, in the exercise of discretion, the presiding administrative law judge may admit a deposition into evidence for another purpose if:

   1. 1. The deponent is deceased at the time of the hearing, or
   2. 2. All parties agree.
8. H. A party may take a telephonic or video deposition under this Section either by agreement of the parties or by order of the presiding administrative law judge in the exercise of the judge’s discretion.

Historical Note

Former Rule X. R20-5-210 recodified from R4-13-210 (Supp. 95-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4). New Section R20-5-210 renumbered from R20-5-142 and amended by final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. 25-4).