[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1316.58]

[Page 183]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1316_ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES
--Table of Contents
 
                    Subpart D_Administrative Hearings
 
Sec. 1316.58  Summary of testimony; affidavits.

    (a) The presiding officer may direct that summaries of the direct 
testimony of witnesses be prepared in writing and served on all parties 
in advance of the hearing. Witnesses will not be permitted to read 
summaries of their testimony into the record and all witnesses shall be 
available for cross-examination. Each witness shall, before proceeding 
to testify, be sworn or make affirmation.
    (b) Affidavits submitted at the prehearing conference or pursuant to 
Sec. 1316.57 with good cause may be examined by all parties and 
opposing affidavits may be submitted to the presiding officer within a 
period of time fixed by him. Affidavits admitted into evidence shall be 
considered in light of the lack of opportunity for cross-examination in 
determining the weight to be attached to statements made therein.

[36 FR 7820, Apr. 24, 1971, as amended at 36 FR 13387, July 21, 1971. 
Redesignated at 38 FR 26609, Sept. 24, 1973]