[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR202.113]

[Page 44-45]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 
      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE
 
PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE 
PACKERS AND STOCKYARDS ACT--Table of Contents
 
Sec. 202.113  Rule 13: Written hearing.

    (a) Evidence. As used in this section, the term ``evidence'' shall 
mean depositions, affidavits, or statements under penalty of perjury as 
provided in 28 U.S.C. 1746, Pub. L. 94-550, of persons having knowledge 
of the facts, or documents properly identified by such deposition, 
affidavit, or statement, or otherwise authenticated in such a manner 
that they would be admissible in evidence at an oral hearing, except as 
provided hereinafter. Testimony on deposition, to the extent credible, 
shall be given greater weight as evidence, than such affidavits or 
statements. In a case in which a party, entitled to oral hearing as 
provided in rule 11, Sec. 202.111, withdraws such party's request for 
oral hearing on condition that only depositions be used if a written 
hearing is held, only depositions, and documents properly identified 
therein, shall be made a part of the record as evidence by the parties 
if a written hearing is held.
    (b) Verification. Any facts must be verified, by oath or affirmation 
before a person legally authorized to administer oaths or before a 
person designated by the Secretary for the purpose (except in the case 
of a statement under penalty of perjury as provided in 28 U.S.C. 1746, 
Pub. L. 94-550), by a person who states, in the deposition, affidavit, 
or statement, that such person has actual knowledge of the facts. Except 
under unusual circumstances, which shall be set forth in the deposition, 
affidavit, or statement, any such person shall be one who would appear 
as a witness if an oral hearing were held.
    (c) Complainant's evidence. The complainant shall be served with 
notice of an opportunity to file evidence. Within 20 days after such 
service, the complainant may file evidence. What the complainant files 
in response to that notice shall be served promptly on the respondent.
    (d) Respondent's evidence. After expiration of the time for the 
filing of complainant's evidence, the respondent shall be served with 
notice of an opportunity to file evidence. Within 20 days after such 
service, the respondent may file evidence. What the respondent files in 
response to that notice shall be served promptly on the complainant.
    (e) Complainant's rebuttal. If the respondent files anything 
pursuant to paragraph (d) of this section, the complainant shall be 
served with notice of an opportunity to file evidence in rebuttal of 
what the respondent has filed. Within 20 days after such service, the 
complainant may file such evidence, which shall be confined strictly to 
rebuttal of what the respondent has filed. What the complainant files in 
response

[[Page 45]]

to that notice shall be served promptly on the respondent.
    (f) Failure to file. Failure to file any evidence authorized under 
this section, within the time prescribed, shall constitute a waiver of 
the right to file such evidence.
    (g) Extension of time for depositions. If any party timely files an 
application for an order for the taking of testimony by deposition 
pursuant to rule 9, Sec. 202.109, time for the filing of such party's 
evidence shall be extended as reasonable, to permit consideration of the 
application, and taking of depositions if ordered.
    (h) Investigation report. No provision of this rule 13 shall change 
the status of an investigation report served on the parties and made a 
part of the record pursuant to rule 4, Sec. 202.104.

[43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990]