§  1.316   Depositions upon written interrogatories—notice and preliminary
procedure.

   (a) Service of interrogatories; notice. A party to the hearing
   proceeding desiring to take the deposition of any person upon written
   interrogatories shall serve the interrogatories upon every other party
   and shall give a minimum of 35 days notice in writing to every other
   party and to the person to be examined. An original and three copies of
   the interrogatories and the notice (and of all related pleadings) shall
   be filed with the Secretary of the Commission. A copy of the
   interrogatories and the notice (and of all related pleadings) shall be
   served on the presiding officer. The notice shall contain the following
   information:

   (1) The name and address of each person to be examined, if known, and
   if the name is not known, a general description sufficient to identify
   him or the particular class or group to which he belongs.

   (2) The time and place for taking the deposition of each person to be
   examined, and the name or descriptive title and address of the officer
   before whom the deposition is to be taken.

   (3) The matters upon which each person will be examined. See §  1.319.

   (b) Additional interrogatories. Within 7 days after the filing and
   service of the original interrogatories, any other party to the
   proceeding may, in the same manner, file and serve additional
   interrogatories to be asked of the same witness at the same time and
   place, with notice to the witness of any additional matters upon which
   he will be examined.

   (c) Cross interrogatories. Within 14 days after the filing and service
   of the original interrogatories, any party to the proceeding may, in
   the same manner, file and serve cross interrogatories, which shall be
   limited to matters raised in the original or in the additional
   interrogatories.

   (d) Responsive pleadings. (1) Within 21 days after service of the
   original interrogatories, any party to the proceeding may move to limit
   or suppress any original, additional or cross interrogatory, and the
   person to be examined may file a motion opposing the taking of
   depositions. See §  1.319(a).

   (2) Within 28 days after service of the original interrogatories, a
   response to a motion to limit or suppress any interrogatory or to a
   motion opposing the taking of depositions may be filed by any party to
   the proceeding.

   (3) Additional pleadings should not be filed and will not be
   considered.

   (e) Protective order. On a motion to limit or suppress or an opposition
   motion filed under paragraph (d) of this section, or on his own motion,
   the presiding officer may issue a protective order. See §  1.313. A
   protective order issued by the presiding officer on his own motion may
   be issued at any time prior to the date specified in the notice for the
   taking of depositions.

   (f) Authority to take depositions. (1) If an opposition motion is not
   filed within 21 days after service of the notice to take depositions,
   and if the presiding officer does not on his own motion issue a
   protective order prior to the time specified in the notice for the
   taking of depositions, the depositions described in the notice may be
   taken. An order for the taking of depositions is not required.

   (2) If an opposition motion is filed, the depositions described in the
   notice shall not be taken until the presiding officer has acted on that
   motion. If the presiding officer authorizes the taking of depositions,
   he may specify a time, place or officer for taking them different from
   that specified in the notice to take depositions.

   (3) If the presiding officer issues a protective order, the depositions
   described in the notice may be taken (if at all) only in accordance
   with the provisions of that order.

   Note: The computation of time provisions of §  1.4(g) shall not apply to
   interrogatories and pleadings filed under the provisions of this
   section.

   [ 33 FR 10571 , July 25, 1968]

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