[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR20.601]



[Page 79]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                           Subpart F_Discovery

 

Sec. 20.601  General.





    (a) Unless the ALJ orders otherwise, each party--and each interested 

person who has filed written notice of intent to present evidence at any 

hearing in the proceeding under Sec. 20.404--shall make available to 

the ALJ and to every other party and interested person--

    (1) The name of each expert and other witness the party intends to 

call, together with a brief narrative summary of the expected testimony; 

and

    (2) A copy, marked as an exhibit, of each document the party intends 

to introduce into evidence or use in the presentation of its case.

    (b) During a pre-hearing conference ordered under Sec. 20.501, the 

ALJ may direct that the parties exchange witness lists and exhibits 

either at once or by correspondence.

    (c) The ALJ may establish a schedule for discovery and shall serve a 

copy of any such schedule on each party.

    (1) The schedule may include dates by which the parties shall both 

exchange witness lists and exhibits and file any requests for discovery 

and objections to such requests.

    (2) Unless the ALJ orders otherwise, the parties shall exchange 

witness lists and exhibits 15 days or more before hearing.

    (d) Further discovery may occur only by order, and then only when 

the ALJ determines that--

    (1) It will not unreasonably delay the proceeding;

    (2) The information sought is not otherwise obtainable;

    (3) The information sought has significant probative value;

    (4) The information sought is neither cumulative nor repetitious; 

and

    (5) The method or scope of the discovery is not unduly burdensome 

and is the least burdensome method available.

    (e) A motion for discovery must set forth--

    (1) The circumstances warranting the discovery;

    (2) The nature of the information sought; and

    (3) The proposed method and scope of discovery and the time and 

place where the discovery would occur.

    (f) If the ALJ determines that he or she should grant the motion, he 

or she shall issue an order for the discovery, together with the terms 

on which it will occur.