spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.220

(b) Methods of discovery. The following methods of discovery are permitted under this section: depositions
on oral examination or written questions of any person; written interrogatories directed to a party; requests for
production of documents or tangible
items to any person; and requests for
admission by a party. A party is not required to file written interrogatories
and responses, requests for production
of documents or tangible items and responses, and requests for admission and
response with the administrative law
judge or the hearing docket clerk. In
the event of a discovery dispute, a
party shall attach a copy of these documents in support of a motion made
under this section.
(c) Service on the agency. A party
shall serve each discovery request directed to the agency or any agency employee on the agency attorney of
record.
(d) Time for response to discovery requests. Unless otherwise directed by
this subpart or agreed by the parties, a
party shall respond to a request for discovery, including filing objections to a
request for discovery, not later than 30
days of service of the request.
(e) Scope of discovery. Subject to the
limits on discovery set forth in paragraph (f) of this section, a party may
discover any matter that is not privileged and that is relevant to the subject matter of the proceeding. A party
may discover information that relates
to the claim or defense of any party including the existence, description, nature, custody, condition, and location
of any document or other tangible item
and the identity and location of any
person having knowledge of discoverable matter. A party may discover
facts known, or opinions held, by an
expert who any other party expects to
call to testify at the hearing. A party
has no ground to object to a discovery
request on the basis that the information sought would not be admissible at
the hearing if the information sought
during discovery is reasonably calculated to lead to the discovery of admissible evidence.
(f) Limiting discovery. The administrative law judge shall limit the frequency
and extent of discovery permitted by
this section if a party shows that - 

(1) The information requested is cumulative or repetitious;
(2) The information requested can be
obtained from another less burdensome
and more convenient source;
(3) The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this
section; or
(4) The method or scope of discovery
requested by the party is unduly burdensome or expensive.
(g) Confidential orders. A party or person who has received a discovery request for information that is related to
a trade secret, confidential or sensitive
material, competitive or commercial
information, proprietary data, or information on research and development,
may file a motion for a confidential
order with the administrative law
judge and shall serve a copy of the motion for a confidential order on each
party.
(1) The party or person making the
motion must show that the confidential order is necessary to protect the
information from disclosure to the public.
(2) If the administrative law judge determines that the requested material is
not necessary to decide the case, the
administrative law judge shall preclude
any inquiry into the matter by any
party.
(3) If the administrative law judge determines that the requested material
may be disclosed during discovery, the
administrative law judge may order
that the material may be discovered
and disclosed under limited conditions
or may be used only under certain
terms and conditions.
(4) If the administrative law judge determines that the requested material is
necessary to decide the case and that a
confidential order is warranted, the administrative law judge shall provide:
(i) An opportunity for review of the
document by the parties off the record;
(ii) Procedures for excluding the information from the record; and
(iii) Order that the parties shall not
disclose the information in any manner
and the parties shall not use the information in any other proceeding.

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