§ 1.325   Discovery and production of documents and things for inspection,
copying, or photographing.

   (a) A party to a Commission proceeding may request any other party except
   the  Commission  to  produce  and  permit  inspection  and  copying or
   photographing, by or on behalf of the requesting party, of any designated
   documents,  papers, books, accounts, letters, photographs, objects, or
   tangible things which constitute or contain evidence within the scope of the
   examination  permitted  by § 1.311(b) of this part and which are in his
   possession, custody, or control or to permit entry upon designated land or
   other property in his possession or control for purposes of inspecting,
   measuring, surveying, or photographing the property or any designated object
   or  operation thereon within the scope of the examination permitted by
   § 1.311(b) of this part.

   (1) Such requests need not be filed with the presiding officer, but copies
   of the request shall be served on all other parties to the proceeding.

   (2) The party against whom the request was made must, within 10 days, comply
   with the request or object to the request, claiming a privilege or raising
   other proper objections. If the request is not complied with in whole or in
   part,  the  requesting party may file a motion to compel production of
   documents or access to property with the presiding officer. A motion to
   compel  must  be accompanied by a copy of the original request and the
   responding party's objection or claim of privilege. Motions to compel must
   be filed within five business days of the objection or claim of privilege.

   (3) In resolving any disputes involving the production of documents or
   access to property, the presiding officer may direct that the materials
   objected to be presented to him for in camera inspection.

   (b) Any party seeking the production of Commission records should proceed
   under § 0.460 or § 0.461 of this chapter. See § § 0.451 through 0.467.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  40 FR 39509 , Aug. 28, 1975;  56 FR 794 , Jan. 9, 1991;  56 FR 25639 , June 5, 1991;  76 FR 70908 , Nov. 16, 2011]

   return arrow Back to Top

Subpenas

   Authority: Sections 1.331 and 1.333 through 1.340 are issued under sec. 409,
   48 Stat. 1096; 47 U.S.C. 409.

   return arrow Back to Top