[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.44]

[Page 89]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                           Subpart E--Hearings
 
Sec.  1025.44  Expert witnesses.

    (a) Definition. An expert witness is one who, by reason of 
education, training, experience, or profession, has peculiar knowledge 
concerning the subject matter to which his/her testimony relates and 
from which he/she may draw inferences based upon hypothetically stated 
facts or offer opinions from facts involving scientific or technical 
knowledge.
    (b) Method of presenting testimony of expert witness. Except as may 
otherwise be ordered by the Presiding Officer, the direct testimony of 
an expert witness shall be in writing and shall be filed on the record 
and exchanged between the parties no later than ten (10) days preceding 
the commencement of the hearing. The written testimony of an expert 
witness shall be incorporated into the record and shall constitute the 
direct testimony of that witness. Upon a showing of good cause, the 
party sponsoring the expert witness may be permitted to amplify the 
written direct testimony during the hearing.
    (c) Cross-examination and redirect examination of expert witness. 
Cross-examination, redirect examination, and re-cross-examination of an 
expert witness shall proceed in due course based upon the written 
testimony and any amplifying oral testimony.
    (d) Failure to file or exchange written testimony. Failure to file 
or exchange written testimony of expert witnesses 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, 
unless the opposing parties consent or the Presiding Officer otherwise 
orders in unusual circumstances.