[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: 49CFR511.44]

[Page 51-52]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
                           Subpart E--Hearings
 
Sec. 511.44  Expert witnesses.

    (a) Definition. An expert witness is one who, by reason of 
education, training, experience, or profession, has peculiar knowlege 
concerning the matter of science or skill to which his or her testimony 
relates and from which he or she may draw inferences based upon 
hypothetically stated facts or from facts involving scientific or 
technical knowledge.
    (b) Method of presenting testimony of expert witness. Except as may 
be otherwise ordered by the Presiding Officer, a detailed written 
statement of the elements of the direct testimony of an expert witness 
shall be filed on the record and exchanged between the parties no later 
than 10 days preceding the commencement of the hearing. The statement 
must contain a full explanation of the methodology underlying any 
analysis, and a full disclosure of the basis of any opinion. The direct 
testimony of an expert witness shall not include points not contained in 
the written statement. A party may waive direct examination of an expert 
witness by indicating that the written statement be considered the 
testimony of the witness. In such a case, the written testimony shall be 
incorporated into the record and shall constitute the testimony of the 
witness.

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    (c) Cross-examination and redirect examination of expert witness. 
Cross-examination, redirect examination, and re-cross-examination of an 
expert witness will proceed in due course based upon the written 
testimony and any amplifying oral testimony.
    (d) Failure to file and/or to exchange written statement. Failure to 
file and/or to exchange the written statement of an expert witness as 
provided in this section shall deprive the sponsoring party of the use 
of the expert witness and of the conclusions which that witness would 
have presented.