Section 120.410  Discovery

a)         For reasons of unavailability or for other good cause shown, the testimony of any witness may be taken by deposition. Deposition may be taken in accordance with the Illinois Supreme Court Rules [S. Ct. Rules 201 through 230], except there will be no distinction between discovery deposition and evidence deposition.

b)         Unless the prehearing conference order permits the taking of depositions, any party desiring to take the deposition of a witness may file a motion in writing to the presiding Administrative Law Judge, setting forth:

1)         The reasons why the deposition should be taken;

2)         The time when the deposition is to be taken;

3)         The name and address of each witness; and

4)         The subject matter concerning which each witness is expected to testify.

c)         All parties shall receive notice of the taking of the deposition as determined by the Administrative Law Judge.

d)         Each witness testifying upon deposition shall be sworn, and the parties not calling the witness shall have the right to cross examine the witness. The questions and answers, together with all objections made, shall be reduced to writing, read to the witness, subscribed by him or her, and certified by the officer before whom the deposition is taken.  Thereafter, the officer shall seal the deposition, with 2 copies, in an envelope and mail the envelope by registered mail to the presiding Administrative Law Judge. Subject to objections to the questions and answers noted at the time of taking, the deposition may be read and offered in evidence by the party taking it as against any party who was present, was represented at the taking of the deposition, or had due notice of the taking of the deposition.  Each deposition of a witness shall be transcribed.  The witness shall be questioned in accordance with the Civil Practice Law and Rules of Illinois Supreme Court except all objections as to form and substance of question must be made during the deposition.

e)         In the discretion of the Administrative Law Judge, he or she may permit, under terms that seem just and equitable, discovery that is permitted by Illinois Supreme Court Rules.

f)         Upon application of any party, the Administrative Law Judge may enter a protective order as permitted by Supreme Court Rule 201.

(Source:  Amended at 30 Ill. Reg. 10424, effective May 24, 2006)