§ 1.323   Interrogatories to parties.

   (a)  Interrogatories. Any party may serve upon any other party written
   interrogatories to be answered in writing by the party served or, if the
   party  served  is  a public or private corporation or a partnership or
   association, by any officer or agent, who shall furnish such information as
   is available to the party. A copy of the interrogatories shall be served
   upon all parties to the proceeding. An original and three copies of the
   interrogatories, answers, and all related pleadings shall be filed with the
   Secretary of the Commission. A copy of the interrogatories, answers and all
   related pleadings shall be served on the presiding officer.

   (1)  Except as otherwise provided in a protective order, the number of
   interrogatories or sets of interrogatories is not limited.

   (2) Except as provided in such an order, interrogatories may be served after
   a  deposition  has  been  taken,  and a deposition may be sought after
   interrogatories have been answered.

   (b) Answers and objections. Each interrogatory shall be answered separately
   and fully in writing under oath or affirmation, unless it is objected to, in
   which event the reasons for objection shall be stated in lieu of an answer.
   The answers shall be signed by the person making them, and the objections by
   the attorney making them. The party upon whom the interrogatories were
   served shall serve a copy of the answers and objections upon all parties to
   the proceeding within 14 days after service of the interrogatories, or
   within such shorter or longer period as the presiding officer may allow.
   Answers  may be used in the same manner as depositions of a party (see
   § 1.321(d)).

   (c) Motion to compel an answer. Any party to the proceeding may, within 7
   days, move for an order with respect to any objection or other failure to
   answer an interrogatory. For purposes of this paragraph, an evasive or
   incomplete answer is a failure to answer; and if the motion is based on the
   assertion that the answer is evasive or incomplete, it shall contain a
   statement as to the scope and detail of an answer which would be considered
   responsive and complete. The party upon whom the interrogatories were served
   may file a response within 7 days after the motion is filed, to which he may
   append an answer or an amended answer. Additional pleadings should not be
   submitted and will not be considered.

   (d) Action by the presiding officer. If the presiding officer determines
   that  an objection is not justified, he shall order that the answer be
   served. If an interrogatory has not been answered, the presiding officer may
   rule that the right to object has been waived and may order that an answer
   be served. If an answer does not comply fully with the requirements of this
   section, the presiding officer may order that an amended answer be served,
   may specify the scope and detail of the matters to be covered by the amended
   answer, and may specify any appropriate procedural consequences (including
   adverse findings of fact and dismissal with prejudice) which will follow
   from  the  failure to make a full and responsive answer. If a full and
   responsive answer is not made, the presiding officer may issue an order
   invoking any of the procedural consequences specified in the order to compel
   an answer.

   (e) Appeal. As order to compel an answer is not subject to appeal.

   [ 33 FR 10572 , July 25, 1968, as amended at  35 FR 17334 , Nov. 11, 1970]

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