Deposition Procedures of the Select Committee
of Inquiry to Recommend Whether Sufficient Grounds
Exist for the House of Representatives to Impeach Governor
John G. Rowland Pursuant to Article Ninth of the State Constitution

The Select Committee of Inquiry to Recommend Whether Sufficient Grounds Exist for the House of Representatives to Impeach Governor John G. Rowland Pursuant to Article Ninth of the State Constitution (the "Select Committee") hereby adopts the following additional rules and procedures, which shall be applicable to the taking of depositions in the impeachment inquiry conducted pursuant to H. Res. 702:

A. Special Counsel shall be authorized to take depositions of witnesses on notice and under oath. The depositions shall be recorded stenographically and may be videotaped at the election of the Special Counsel.

B. Special Counsel shall provide members of the Select Committee, on a week-to-week basis, with a list of any depositions scheduled to occur the following week, including the dates, places and times of the depositions. Special Counsel promptly shall advise members of the Select Committee of any changes to the schedule that may occur. The Select Committee shall give public notice of the dates, times and places of depositions as soon as practicable prior to the depositions. Such notice shall be given to the Legislative Management Committee, counsel for Governor Rowland and for the Governor's Office, and to the clerk of the House. The clerk of the House shall post such notice in a conspicuous place in its office.

C. Attendance at depositions shall be limited to Special Counsel, the witness, counsel for the witness, a stenographer and/or videographer and the Chairpersons of the Select Committee or their designees. Except as provided in these rules, all deposition transcripts and deposition exhibits shall remain in executive session until further order of the Select Committee. Special Counsel shall advise the stenographer and videographer of the confidential nature of the testimony and exhibits and shall request that deposition transcripts and exhibits be marked "Confidential."

D. In addition to Special Counsel, any member of the Select Committee in attendance at a deposition shall have a right to question a witness. Any member of the Select Committee not in attendance at a deposition may submit suggested, written questions for witnesses to either of the Select Committee Co-Chairs, who shall transmit them to Special Counsel as the Co-Chair deems appropriate.

E. Any objections during a deposition shall be stated concisely and in a non-argumentative and non-suggestive manner. Objections to matters other than the form of the question shall be reserved until the witness' public appearance, if any, before the Select Committee. Counsel for a witness may instruct a deponent not to answer a question only when necessary to preserve a privilege. In such a case, the questioning may continue and either during or following the deposition Special Counsel may seek a ruling from the Co-Chairs of the Select Committee regarding the validity of the assertion of the privilege. If the Co-Chairs either unanimously agree that the objection is well-founded or disagree as to whether it is well-founded, then the objection shall be sustained. If the Co-Chairs unanimously determine that the objection is not well-founded, the witness shall be required to respond to the question or may be recalled to respond to the question.

F. Any witness who is subpoenaed to appear and testify at a deposition shall have the right to review a copy of the transcript of his or her testimony, provided said review shall occur within one week of notification to the witness or his or her counsel that the transcript is available, and shall take place at a convenient time and location to be determined by Special Counsel and the witness or his or her counsel. Neither the witness nor his or her counsel shall be permitted to retain a copy of the transcript. Following the witness review of the transcript, but prior to public release or permanent filing, a copy of the transcript and any exhibits or videotape of the deposition shall be provided to counsel for Governor Rowland and for the Governor's Office.

G. During the course of the investigation, one copy of each deposition transcript, videotape, if any, and exhibits shall be maintained by Counsel to the House Republican Caucus and one copy by Counsel to the House Democratic Caucus. The transcripts and exhibits shall be maintained in a secure location and be available for review by members of the Select Committee.

H. The Select Committee may, with a vote of a majority of members present, promulgate additional rules and procedures or modify existing rules and procedures governing depositions as it deems necessary for the fair and efficient conduct of its investigation pursuant to H. Res. 702.

I. The term "Special Counsel" shall mean the attorney retained by the Select Committee pursuant to H. Res. 702 and any of his staff.