[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR201.20]



[Page 14]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 201_FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents

 

Sec.  201.20  Cross-examination.



    (a) The presiding officer may:

    (1) Require the cross-examiner to outline the intended scope of the 

cross-examination;

    (2) Prohibit parties from cross-examining witnesses unless the 

presiding officer has determined that the cross-examiner has an adverse 

interest on the facts at issue to the party-witness. For the purposes of 

this subsection, the Administrator's or his representative's interest 

shall be considered adverse to all parties;

    (3) Limit the number of times any party or parties having a common 

interest may cross-examine an ``adverse'' witness on the same matter; 

and

    (4) Exclude cross-examination questions that are immaterial, 

irrelevant, or unduly repetitious.

    (b) Any party shall be given an opportunity to appear, either in 

person or through an authorized counsel or representative, to cross-

examine witnesses. Before cross-examining a witness, the party or 

counsel shall state his name, address, and occupation. If counsel cross-

examines the witness, counsel shall state for the record the authority 

to act as counsel. Cross-examiners shall be assumed to be familiar with 

the direct testimony.

    (c) Any party or party's counsel who fails to appear at the hearing 

to cross-examine an ``adverse'' witness shall be deemed to have waived 

the right to cross-examine that witness.

    (d) Scientific, technical, or commercial publications may be used 

only for the limited purpose of impeaching witnesses under cross-

examination unless previously submitted and introduced in accordance 

with these regulations.