[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: 17CFR12.32]

[Page 283-284]
 
              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.  12.32  Depositions on written interrogatories.

    (a) Notice. Any party, within the time prescribed by Sec.  12.30(d), 
may serve on any other party or any officer or agent of a party a notice 
of the taking of a deposition on written interrogatories.
    (b) Number. The number of written interrogatories served upon any 
one party shall not exceed thirty. For the

[[Page 284]]

purpose of this rule, each sub-interrogatory or divisible part of an 
interrogatory shall be regarded as one interrogatory. Leave to serve 
additional interrogatories shall not be granted absent extraordinary 
circumstances.
    (c) Reply. (1) Each interrogatory served shall be answered by the 
party served or if the party is a corporation, partnership, association, 
or government agency, by any officer or agent thereof selected by the 
responding party.
    (2) Each interrogatory shall be answered separately and fully in 
writing, unless objected to, in which event the reasons for objection 
shall be stated in lieu of an answer. For the purposes of this rule, an 
evasive or incomplete answer shall be treated as a failure to answer. 
The answers are to be signed and verified by the person making them. The 
person upon whom a notice to take a deposition on written 
interrogatories has been served shall serve a copy of the answers and 
objections within twenty (20) days after service of the interrogatories.
    (d) Deposition of a non-party. The deposition on written 
interrogatories of a non-party may be taken only within the time 
prescribed by Sec.  12.30(d), and only pursuant to an order entered and 
subpoena issued in accordance with the provisions of Sec.  12.313 of 
these rules; provided however, that the deposition on written 
interrogatories of a Commission member or employee may only be taken 
upon a showing that the Commission member or employee has personal 
knowledge of the matters sought to be discovered (i.e., not obtained 
pursuant to a Commission investigation), that the information sought to 
be discovered is material and that the information sought to be 
discovered is not available from other sources.
    (e) Filing of depositions on written interrogatories in a voluntary 
or summary decisional proceeding. In proceedings commenced pursuant to 
Sec.  12.26 (a) and (b) of these rules, copies of all depositions on 
written interrogatories shall be filed by the party on whose behalf the 
discovery was obtained.