[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR386.40]



[Page 263]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 

AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents

 

                  Subpart D_General Rules and Hearings

 

Sec. 386.40  Supplementation of responses.



    A party who has responded to a request for discovery with a response 

that was complete when made is under no duty to supplement his/her 

response to include information thereafter acquired, except as follows:

    (a) A party is under a duty to supplement timely his/her response 

with respect to any question directly addressed to:

    (1) The identity and location of persons having knowledge of 

discoverable matters; and

    (2) The identity of each person expected to be called as an expert 

witness at the hearing, the subject matter on which he or she is 

expected to testify and the substance of his or her testimony.

    (b) A party is under a duty to amend timely a prior response if he 

or she later obtains information upon the basis of which:

    (1) he or she knows the response was incorrect when made; or

    (2) he or she knows that the response though correct when made is no 

longer true and the circumstances are such that a failure to amend the 

response is in substance a knowing concealment.

    (c) A duty to supplement responses may be imposed by order of the 

Assistant Administrator or the administrative law judge or agreement of 

the parties.