[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.18]

[Page 224-225]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.18  Discovery--general provisions.

    (a) General. Parties may obtain discovery by one or more of the 
following methods: depositions upon oral examination or written 
questions; written interrogatories; production of documents or things, 
or permission to enter upon land or other property, for inspection and 
other purposes; physical and mental examinations; and requests for 
admissions. The frequency or extent of these methods may be limited by 
the Administrative Law Judge upon his or her own initiative or pursuant 
to a motion under paragraph (c) of this section.
    (b) Scope of discovery. Unless otherwise limited by order of the 
Administrative Law Judge in accordance with the rules in this part, the 
parties may obtain discovery regarding any matter, not privileged, which 
is relevant to the

[[Page 225]]

subject matter involved in the proceeding, including the existence, 
description, nature, custody, condition, and location of any books, 
documents, or other tangible things, and the identity and location of 
persons having knowledge of any discoverable matter.
    (c) Protective orders. Upon motion by a party or the person from 
whom discovery is sought, and for good cause shown, the Administrative 
Law Judge may make any order that justice requires to protect a party or 
person from annoyance, harassment, embarrassment, oppression, or undue 
burden or expense, including one or more of the following:
    (1) The discovery not be had;
    (2) The discovery may be had only on specified terms and conditions, 
including a designation of the time, amount, duration, or place;
    (3) The discovery may be had only by a method of discovery other 
than that selected by the party seeking discovery; or
    (4) Certain matters not relevant may not be inquired into, or that 
the scope of discovery be limited to certain matters.
    (d) Supplementation of responses. A party who has responded to a 
request for discovery with a response that was complete when made is 
under no duty to supplement his or her response to include information 
thereafter acquired, except as follows:
    (1) A party is under a duty to supplement timely his or her response 
with respect to any question directly addressed to:
    (i) The identity and location of persons having knowledge of 
discoverable matters; and
    (ii) The identity of each person expected to be called as an expert 
witness at the hearing, the subject matter on which he or she is 
expected to testify, and the substance of his or her testimony.
    (2) A party is under a duty to amend timely a prior response if he 
or she later obtains information upon the basis of which:
    (i) He or she knows the response was incorrect when made; or
    (ii) He or she knows that the response, though correct when made, is 
no longer true and the circumstances are such that a failure to amend 
the response is in substance a knowing concealment.
    (3) A duty to supplement responses may be imposed by order of the 
Administrative Law Judge upon motion of a party or agreement of the 
parties.

[Order No. 2203-99, 64 FR 7076, Feb. 12, 1999]