[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821.19]

[Page 166]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 821_RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
 Subpart B_General Rules Applicable to Petitions for Review, Appeals to 
the Board, and Appeals From Law Judges Initial Decisions and Appealable 
                                 Orders
 
Sec.  821.19  Depositions and other discovery.

    (a) Depositions. After a petition for review or a complaint is 
filed, any party may take the testimony of any person, including a 
party, by deposition, upon oral examination or written questions, 
without seeking prior Board approval. Reasonable notice shall be given 
in writing to the other parties, stating the name of the witness and the 
time and place of the taking of the deposition. A copy of any notice of 
deposition shall be served on the law judge to whom the proceeding has 
been assigned or, if no law judge has been assigned, on the Case 
Manager. In other respects, the taking of any deposition shall be in 
compliance with the provisions of 49 U.S.C. 46104(c).
    (b) Exchange of information by the parties. At any time before the 
hearing, at the request of any party, the parties may exchange 
information, such as witness lists, exhibit lists, curricula vitae and 
bibliographies of expert witnesses, and other pertinent data. Any party 
may also use written interrogatories, requests for admissions and other 
discovery tools. The requesting party shall set the time for compliance 
with the request, which shall be reasonable and give due consideration 
to the closeness of the hearing, especially in emergency proceedings 
governed by Subpart I. Copies of discovery requests and responses shall 
be served on the law judge to whom the proceeding has been assigned or, 
if no law judge has been assigned, on the Case Manager. In the event of 
a dispute, either the assigned law judge or another law judge delegated 
this responsibility (if a law judge has not yet been assigned or if the 
assigned law judge is unavailable) may issue an appropriate order, 
including an order directing compliance with any ruling previously made 
with respect to discovery.
    (c) Use of the Federal Rules of Civil Procedure. Those portions of 
the Federal Rules of Civil Procedure that pertain to depositions and 
discovery may be used as a general guide for discovery practice in 
proceedings before the Board, where appropriate. The Federal Rules and 
the case law that construes them shall be considered by the Board and 
its law judges as instructive, rather than controlling.
    (d) Failure to provide or preserve evidence. The failure of any 
party to comply with a law judge's order compelling discovery, or to 
cooperate with a timely request for the preservation of evidence, may 
result in a negative inference against that party with respect to the 
matter sought and not provided or preserved, a preclusion order, 
dismissal or other relief deemed appropriate by the law judge.