spaschal on DSK3GDR082PROD with CFR

Section 13.220

14 CFR Ch. I (1-1-19 Edition)

(h) Protective orders. A party or a person who has received a request for discovery may file a motion for protective
order with the administrative law
judge and shall serve a copy of the motion for protective order on each party.
The party or person making the motion must show that the protective
order is necessary to protect the party
or the person from annoyance, embarrassment, oppression, or undue burden
or expense. As part of the protective
order, the administrative law judge
may:
(1) Deny the discovery request;
(2) Order that discovery be conducted
only on specified terms and conditions,
including a designation of the time or
place for discovery or a determination
of the method of discovery; or
(3) Limit the scope of discovery or
preclude any inquiry into certain matters during discovery.
(i) Duty to supplement or amend responses. A party who has responded to a
discovery request has a duty to supplement or amend the response, as soon as
the information is known, as follows:
(1) A party shall supplement or
amend any response to a question requesting the identity and location of
any person having knowledge of discoverable matters.
(2) A party shall supplement or
amend any response to a question requesting the identity of each person
who will be called to testify at the
hearing as an expert witness and the
subject matter and substance of that
witness- testimony.
(3) A party shall supplement or
amend any response that was incorrect
when made or any response that was
correct when made but is no longer
correct, accurate, or complete.
(j) Depositions. The following rules
apply to depositions taken pursuant to
this section:
(1) Form. A deposition shall be taken
on the record and reduced to writing.
The person being deposed shall sign the
deposition unless the parties agree to
waive the requirement of a signature.
(2) Administration of oaths. Within the
United States, or a territory or possession subject to the jurisdiction of the
United States, a party shall take a deposition before a person authorized to
administer oaths by the laws of the

United States or authorized by the law
of the place where the examination is
held. In foreign countries, a party shall
take a deposition in any manner allowed by the Federal Rules of Civil
Procedure.
(3) Notice of deposition. A party shall
serve a notice of deposition, stating the
time and place of the deposition and
the name and address of each person to
be examined, on the person to be deposed, on the administrative law judge,
on the hearing docket clerk, and on
each party not later than 7 days before
the deposition. A party may serve a notice of deposition less than 7 days before the deposition only with consent
of the administrative law judge. If a
subpoena duces tecum is to be served on
the person to be examined, the party
shall attach a copy of the subpoena
duces tecum that describes the materials to be produced at the deposition
to the notice of deposition.
(4) Use of depositions. A party may use
any part or all of a deposition at a
hearing authorized under this subpart
only upon a showing of good cause. The
deposition may be used against any
party who was present or represented
at the deposition or who had reasonable notice of the deposition.
(k) Interrogatories. A party, the party-s attorney, or the party-s representative may sign the party-s responses to
interrogatories. A party shall answer
each interrogatory separately and completely in writing. If a party objects to
an interrogatory, the party shall state
the objection and the reasons for the
objection. An opposing party may use
any part or all of a party-s responses to
interrogatories at a hearing authorized
under this subpart to the extent that
the response is relevant, material, and
not repetitious.
(1) A party shall not serve more than
30 interrogatories to each other party.
Each subpart of an interrogatory shall
be counted as a separate interrogatory.
(2) A party shall file a motion for
leave to serve additional interrogatories on a party with the administrative law judge before serving additional
interrogatories on a party. The administrative law judge shall grant the motion only if the party shows good cause
for the party-s failure to inquire about
the information previously and that

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