§ 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]

   return arrow Back to Top