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14 CFR Ch. I (1–1–19 Edition)

§ 16.215

(b) The hearing officer shall limit the

frequency and extent of discovery per-
mitted by this section if a party shows
that—

(1) The information requested is cu-

mulative or repetitious;

(2) The information requested may be

obtained from another less burdensome
and more convenient source;

(3) The party requesting the informa-

tion has had ample opportunity to ob-
tain the information through other dis-
covery methods permitted under this
section; or

(4) The method or scope of discovery

requested by the party is unduly bur-
densome or expensive.

§ 16.215

Depositions.

(a)

General.

For good cause shown,

the hearing officer may order that the
testimony of a witness may be taken
by deposition and that the witness
produce documentary evidence in con-
nection with such testimony. Gen-
erally, an order to take the deposition
of a witness is entered only if:

(1) The person whose deposition is to

be taken would be unavailable at the
hearing;

(2) The deposition is deemed nec-

essary to perpetuate the testimony of
the witness; or

(3) The taking of the deposition is

necessary to prevent undue and exces-
sive expense to a party and will not re-
sult in undue burden to other parties or
in undue delay.

(b)

Application for deposition.

Any

party desiring to take the deposition of
a witness shall make application there-
for to the hearing officer in writing,
with a copy of the application served
on each party. The application shall in-
clude:

(1) The name and residence of the

witness;

(2) The time and place for the taking

of the proposed deposition;

(3) The reasons why such deposition

should be taken; and

(4) A general description of the mat-

ters concerning which the witness will
be asked to testify.

(c)

Order authorizing deposition.

good cause is shown, the hearing offi-
cer, in his or her discretion, issues an
order authorizing the deposition and
specifying the name of the witness to

be deposed, the location and time of
the deposition and the general scope
and subject matter of the testimony to
be taken.

(d)

Procedures for deposition.

(1) Wit-

nesses whose testimony is taken by
deposition shall be sworn or shall af-
firm before any questions are put to
them. Each question propounded shall
be recorded and the answers of the wit-
ness transcribed verbatim.

(2) Objections to questions or evi-

dence shall be recorded in the tran-
script of the deposition. The inter-
posing of an objection shall not relieve
the witness of the obligation to answer
questions, except where the answer
would violate a privilege.

(3) The written transcript shall be

subscribed by the witness, unless the
parties by stipulation waive the sign-
ing, or the witness is ill, cannot be
found, or refuses to sign. The reporter
shall note the reason for failure to
sign.

(e)

Depositions of agency employees.

(1)

Depositions of Agency Employees will
not be allowed except under the provi-
sions of 49 CFR part 9.

(2) Such depositions will be allowed

only with the specific written permis-
sion of the Chief Counsel or his or her
designee.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
2013]

§ 16.217

Witnesses.

(a) Each party may designate as a

witness any person who is able and
willing to give testimony that is rel-
evant and material to the issues in the
hearing case, subject to the limitation
set forth in paragraph (b) of this sec-
tion.

(b) The hearing officer may exclude

testimony of witnesses that would be
irrelevant, immaterial, or unduly rep-
etitious.

by counsel. Counsel representing a
nonparty witness has no right to exam-
ine the witness or otherwise partici-
pate in the development of testimony.

§ 16.219

Subpoenas.

(a)

Request for subpoena.

A party may

apply to the hearing officer, within the
time specified for such applications in

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