Last Update: 9/2/05 (Transmittal I-2-64)
An “affidavit” is a written declaration made under oath before an authorized official.
A “deposition” is an oral statement made under oath, taken down in writing, or recorded and later transcribed. The transcription of the recorded deposition shall also be attested to, under oath, as to the accuracy of the transcription.
Affidavits or depositions may be used when an essential person cannot be present at the time and place of the hearing; e.g., an essential witness resides in a location distant from the hearing site, has other binding obligations, or is confined to an institution. Use an affidavit instead of a deposition whenever possible.
Only ALJs may take depositions because only they are authorized to administer oaths. (See I-2-6-54, Oaths and Affirmations.)
Claimants and representatives have the same rights during deposition proceedings that they have during hearing proceedings; e.g., the claimant and representative may appear at deposition proceedings to question the deponent, or submit written questions for the ALJ to ask the deponent.