[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.31]

[Page 42-43]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
                Subpart D--Discovery; Compulsory Process
 
Sec. 511.31  General provisions governing discovery.


    (a) Applicability. The discovery rules established in this subpart 
are applicable to the discovery of information among the parties to a 
proceeding. Parties seeking information from persons not parties may do 
so by subpoena in accordance with Sec. 511.38.
    (b) Discovery methods. Parties may obtain discovery by one or more 
of the following methods: (1) Written interrogatories; (2) requests for 
production of documents or things; (3) requests for admissions; or (4) 
testimony upon oral examination. Unless the Presiding Officer otherwise 
orders under paragraph (d) of this section, the frequency of use of 
these methods is not limited.
    (c) Scope of discovery. The scope of discovery is as follows:
    (1) In general. Parties may obtain discovery regarding any matter 
not privileged, which is relevant to the subject matter involved in the 
proceedings, whether it relates to the claim or defense of the party 
seeking discovery or to the claim or defense of any other party. It is 
not ground for objection that the information sought will be 
inadmissible at the hearing if the information sought appears reasonably 
calculated to lead to the discovery of admissible evidence.
    (2) Exception. Parties may not obtain discovery of documents which 
accompanied the staff's recommendation as to whether a complaint should 
issue or of documents or portions thereof which would be exempt from 
discovery under Rule 26(b)(3) of the Federal Rules of Civil Procedure.
    (3) Hearing preparation: Experts. A party may obtain discovery of 
facts known and opinions held by experts, regardless of whether they are 
acquired or developed in anticipation of or for

[[Page 43]]

litigation. Such discovery may be had by any of the methods provided in 
paragraph (b) of this section.
    (d) Protective orders. Upon motion by a party or person and for good 
cause shown, the Presiding Officer may make any order which justice 
requires to protect such party or person from annoyance, embarrassment, 
competitive disadvantage, oppression or undue burden or expense, 
including one or more of the following: (1) That the discovery shall not 
be had; (2) that the discovery may be had only on specified terms and 
conditions, including a designation of the time and/or place; (3) that 
the discovery shall be had only by a method of discovery other than that 
selected by the party seeking discovery; (4) that certain matters shall 
not be inquired into, or that the scope of discovery shall be limited to 
certain matters; (5) that discovery shall be conducted with no one 
present except persons designated by the Presiding Officer; (6) that a 
trade secret or other confidential research, development, or commercial 
information shall not be disclosed or shall be disclosed only in a 
designated way or only to designated parties; and (7) that responses to 
discovery shall be placed in camera in accordance with Sec. 511.45.

If a motion for a protective order is denied in whole or in part, the 
Presiding Officer may, on such terms or conditions as are just, order 
that any party provide or permit discovery.
    (e) Sequence and timing of discovery. Discovery may commence at any 
time after filing of the answer. Unless otherwise provided in these 
Rules or by order of the Presiding Officer, methods of discovery may be 
used in any sequence and the fact that a party is conducting discovery 
shall not operate to delay any other party's discovery.
    (f) Supplementation of responses. A party who has responded to a 
request for discovery shall supplement the response with information 
thereafter acquired.
    (g) Completion of discovery. All discovery shall be completed as 
soon as practical but in no case longer than one hundred fifty (150) 
days after issuance of a complaint unless otherwise ordered by the 
Presiding Officer in exceptional circumstances and for good cause shown. 
All discovery shall be served by a date which affords the party from 
whom discovery is sought the full response period provided by these 
Rules.
    (h) Service and filing of discovery. All discovery requests and 
written responses, and all notices of the taking of testimony, shall be 
filed with the Docket Section and served on all parties and the 
Presiding Officer.
    (i) Control of discovery. The use of these discovery procedures is 
subject to the control of the Presiding Officer, who may issue any just 
and appropriate order for the purpose of ensuring their timely 
completion.

[45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988]