[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.38A]

[Page 66]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                 Subpart D_Discovery; Compulsory Process
 
Sec. 3.38A  Withholding requested material.

    (a) Any person withholding material responsive to a subpoena issued 
pursuant to Sec. 3.34, written interrogatories requested pursuant to 
Sec. 3.35, a request for production or access pursuant to Sec. 3.37, 
or any other request for the production of materials under this part, 
shall assert a claim of privilege or any similar claim not later than 
the date set for production of the material. Such person shall, if so 
directed in the subpoena or other request for production, submit, 
together with such claim, a schedule of the items withheld which states 
individually as to each such item the type, title, specific subject 
matter, and date of the item; the names, addresses, positions, and 
organizations of all authors and recipients of the item; and the 
specific grounds for claiming that the item is privileged.
    (b) A person withholding material for reasons described in Sec. 
3.38A(a) shall comply with the requirements of that subsection in lieu 
of filing a motion to limit or quash compulsory process.

(Sec. 5, 38 Stat. 719 as amended (15 U.S.C. 45))

[44 FR 54043, Sept. 18, 1979, as amended at 61 FR 50650, Sept. 26, 1996]