Section 16.215

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

spaschal on DSK3GDR082PROD with CFR

(b) The hearing officer 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 may 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.
Section 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 connection with such testimony. Generally, 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 necessary to perpetuate the testimony of
the witness; or
(3) The taking of the deposition is
necessary to prevent undue and excessive expense to a party and will not result 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 therefor to the hearing officer in writing,
with a copy of the application served
on each party. The application shall include:
(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 matters concerning which the witness will
be asked to testify.
(c) Order authorizing deposition. If
good cause is shown, the hearing officer, 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) Witnesses whose testimony is taken by
deposition shall be sworn or shall affirm before any questions are put to
them. Each question propounded shall
be recorded and the answers of the witness transcribed verbatim.
(2) Objections to questions or evidence shall be recorded in the transcript of the deposition. The interposing 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 signing, 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 provisions of 49 CFR part 9.
(2) Such depositions will be allowed
only with the specific written permission 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]

Section 16.217 Witnesses.
(a) Each party may designate as a
witness any person who is able and
willing to give testimony that is relevant and material to the issues in the
hearing case, subject to the limitation
set forth in paragraph (b) of this section.
(b) The hearing officer may exclude
testimony of witnesses that would be
irrelevant, immaterial, or unduly repetitious.
(c) Any witness may be accompanied
by counsel. Counsel representing a
nonparty witness has no right to examine the witness or otherwise participate in the development of testimony.
Section 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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