[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.31]

[Page 283]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
                           Subpart B_Discovery
 
Sec.  12.31  Production of documents and tangible items.

    (a) By a party. Any party, within the time prescribed in Sec.  
12.30(d) and subject to the limitations in Sec.  12.30(a), may serve on 
any other party, a notice to produce copies of specifically designated 
categories of documents, papers, books, accounts, letters, photographs, 
objects, or tangible things which are in the party's possession, custody 
or control. A copy of the notice shall be served on all other parties to 
the proceeding. All documents requested in the notice to produce shall 
be served on the party seeking the discovery within twenty (20) days 
after service of the notice to produce.
    (b) By a non-party. Any party may, by filing an appropriate motion 
showing the need for the materials and an application for a subpoena in 
accordance with the procedure precribed in Sec.  12.313 and within the 
time prescribed by Sec.  12.30(d) of these rules, seek leave to serve 
upon a non-party a notice to produce copies of any specifically 
designated categories of materials as are described in paragraph (a) of 
this section. After an appropriate order and subpoena has been issued, 
such party may serve upon a non-party a notice to produce such 
materials. All materials requested in the notice to produce, and, if 
applicable, a detailed explanation of why any of the specified materials 
cannot be produced, shall be served on the party seeking discovery 
within such time (not to exceed thirty (30) days) as the subpoena shall 
specify. Enforcement of the order and subpoena may be sought in 
accordance with Sec.  12.313.