[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR263.53]

[Page 754-755]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 263--RULES OF PRACTICE FOR HEARINGS--Table of Contents
 
      Subpart B--Board Local Rules Supplementing the Uniform Rules
 
Sec. 263.53  Discovery depositions.

    (a) In general. In addition to the discovery permitted in subpart A 
of this part, limited discovery by means of depositions shall be allowed 
for individuals with knowledge of facts material to the proceeding that 
are not protected from discovery by any applicable privilege, and of 
identified expert witnesses. Except in unusual cases, accordingly, 
depositions will be permitted only of individuals identified as hearing 
witnesses, including experts. All discovery depositions must be 
completed within the time set forth in Sec. 263.24(d).
    (b) Application. A party who desires to take a deposition of any 
other party's proposed witnesses, shall apply to the administrative law 
judge for the issuance of a deposition subpoena or subpoena duces tecum. 
The application shall state the name and address of the proposed 
deponent, the subject matter of the testimony expected from the deponent 
and its relevancy to the proceeding, and the address of the place and 
the time, no sooner than ten days after the service of the subpoena, for 
the taking of the deposition. Any such application shall be treated as a 
motion subject to the rules governing motions practice set forth in 
Sec. 263.23.
    (c) Issuance of subpoena. The administrative law judge shall issue 
the requested deposition subpoena or subpoena duces tecum upon a finding 
that the application satisfies the requirements of this section and of 
Sec. 263.24. If the administrative law judge determines that the taking 
of the deposition or its proposed location is, in whole or in part, 
unnecessary, unreasonable, oppressive, excessive in scope or unduly 
burdensome, he or she may deny the application or may grant it upon such 
conditions as justice may require. The party obtaining the deposition 
subpoena or subpoena duces tecum shall be responsible for serving it on 
the deponent and all parties to the proceeding in accordance with 
Sec. 263.11.
    (d) Motion to quash or modify. A person named in a deposition 
subpoena or subpoena duces tecum may file a motion to quash or modify 
the subpoena or for the issuance of a protective order. Such motions 
must be filed within ten days following service of the subpoena, but in 
all cases at least five days prior to the commencement of the scheduled 
deposition. The motion must be accompanied by a statement of the reasons 
for granting the motion and a copy of the motion and the statement must 
be served on the party which requested the subpoena. Only the party 
requesting the subpoena may file a response to a motion to quash or 
modify, and any such response shall be filed within five days following 
service of the motion.
    (e) Enforcement of a deposition subpoena. Enforcement of a 
deposition subpoena shall be in accordance with the procedures set forth 
in Sec. 263.27(d).
    (f) Conduct of the deposition. The deponent shall be duly sworn, and 
each party shall have the right to examine the deponent with respect to 
all non-privileged, relevant and material matters. Objections to 
questions or evidence shall be in the short form, stating the ground for 
the objection. Failure to object to questions or evidence shall not be 
deemed a waiver except where the grounds for the objection might have 
been avoided if the objection had been timely presented. The discovery 
deposition shall be transcribed or otherwise recorded as agreed among 
the parties.
    (g) Protective orders. At any time during the taking of a discovery 
deposition, on the motion of any party or of the deponent, the 
administrative law judge may terminate or limit the scope

[[Page 755]]

and manner of the deposition upon a finding that grounds exist for such 
relief. Grounds for terminating or limiting the taking of a discovery 
deposition include a finding that the discovery deposition is being 
conducted in bad faith or in such a manner as to:
    (1) Unreasonably annoy, embarrass, or oppress the deponent;
    (2) Unreasonably probe into privilege, irrelevant or immaterial 
matters; or
    (3) Unreasonably attempt to pry into a party's preparation for 
trial.