[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1264.132]



[Page 385]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.132  Witnesses.



    (a) Except as provided in paragraph (b) of this section, testimony 

at the hearing shall be given orally by witnesses under oath or 

affirmation.

    (b) At the discretion of the presiding officer, testimony may be 

admitted in the form of a written statement or deposition. Any such 

written statement must be provided to all other parties along with the 

last known address of such witness, in a manner which allows sufficient 

time for other parties to subpoena such witness for cross-examination at 

the hearing. Prior written statements of witnesses proposed to testify 

at the hearing and deposition transcripts shall be exchanged as provided 

in Sec. 1264.121(a).

    (c) The presiding officer shall exercise reasonable control over the 

mode and order of interrogating witnesses and presenting evidence so as 

to make the interrogation and presentation effective for the 

ascertainment of the truth, avoid needless consumption of time, and 

protect witnesses from harassment or undue embarrassment.

    (d) The presiding officer shall permit the parties to conduct such 

cross-examination as may be required for a full and true disclosure of 

the facts.

    (e) At the discretion of the presiding officer, a witness may be 

cross-examined on matters relevant to the proceeding without regard to 

the scope of his or her direct examination. To the extent permitted by 

the presiding officer, cross-examination on matters outside the scope of 

direct examination shall be conducted in the manner of direct 

examination and may proceed by leading questions only if the witness is 

a hostile witness, an adverse party, or a witness identified with an 

adverse party.

    (f) Upon motion of any party, the presiding officer shall order 

witnesses excluded so that they cannot hear the testimony of other 

witnesses. This rule does not authorize exclusion of--

    (1) A party who is an individual;

    (2) In the case of a party that is not an individual, an officer or 

employee of the party appearing for the entity pro se or designated by 

the party's representative; or

    (3) An individual whose presence is shown by a party to be essential 

to the presentation of its case, including an individual employed by the 

Government engaged in assisting the representative for the Government.



[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 600, Jan. 9, 1989]