[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: 33CFR20.603]



[Page 79-80]

 

                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. 20.603  Interrogatories.



    (a) Any party requesting interrogatories shall so move to the ALJ. 

The motion must include--



[[Page 80]]



    (1) A statement of the purpose and scope of the interrogatories; and

    (2) The proposed interrogatories.

    (b) The ALJ shall review the proposed interrogatories, and may enter 

an order either--

    (1) Approving the service of some or all of the proposed 

interrogatories; or

    (2) Denying the motion.

    (c) The party requesting interrogatories shall serve on the party 

named in the interrogatories the approved written interrogatories.

    (d) Each interrogatory must be answered separately and fully in 

writing under oath or affirmation, unless it is objected to, in which 

event the party named shall state the reasons for the objection instead 

of a response. This party, the party's attorney, or the party's 

representative shall sign the party's responses to interrogatories.

    (e) Responses or objections must be filed within 30 days after the 

service of the interrogatories.

    (f) A response to an interrogatory is sufficient when--

    (1) The responder lists the records from which such answers may be 

derived or ascertained; and

    (2) The burden of ascertaining the information in a response to an 

interrogatory is substantially the same for all parties involved in the 

action; and

    (3) The information may be obtained from an examination, audit, or 

inspection of records, or from a compilation, abstract, or summary based 

on such records.

    (g) The party serving the interrogatory shall be afforded reasonable 

opportunity to examine, audit, or inspect the resource and to make 

copies, compilations, abstracts, or summaries. The specification must 

include sufficient detail to permit the interrogating party to locate 

and identify the individual records from which the answer may be 

ascertained.