[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: 33CFR20.606]



[Page 82]

 

                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. 20.606  Protective orders.



    (a) In considering a motion for an order of discovery--or a motion, 

by a party or other person from whom discovery is sought, to reconsider 

or amend an order of discovery--the ALJ may enter any order that justice 

requires, to protect a person from annoyance, embarrassment, oppression, 

or undue burden or expense. This order may--

    (1) Confine discovery to specific terms and conditions, such as a 

particular time and place;

    (2) Confine discovery to a method other than that selected by the 

party seeking it;

    (3) Preclude inquiry into certain matters;

    (4) Direct that discovery occur with no one present except persons 

designated by the ALJ;

    (5) Preclude the disclosure of a trade secret or other proprietary 

information, or allow its disclosure only in a designated way or only to 

designated persons; or

    (6) Require that the person from whom discovery is sought file 

specific documents or information under seal for opening at the 

direction of the ALJ.

    (b) When a person from whom discovery is sought seeks a protective 

order, the ALJ may let him or her make all or part of the showing of 

good cause in camera. The ALJ shall record any proceedings in camera. If 

he or she enters a protective order, he or she shall seal any 

proceedings so recorded. These shall be releasable only as required by 

law.

    (c) Upon motion by a person from whom discovery is sought, the ALJ 

may--

    (1) Restrict or defer disclosure by a party either of the name of a 

witness or, if the witness comes from the Coast Guard, of any prior 

statement of the witness; and

    (2) Prescribe other appropriate measures to protect a witness.

    (d) The ALJ will give any party an adequate opportunity to prepare 

for cross-examination or other presentation concerning witnesses and 

statement subject to protective orders.