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14 CFR Ch. I (1–1–14 Edition)
§ 16.215
§ 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. If
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, October 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.
(c) Any witness may be accompanied
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
the prehearing conference report, for a
subpoena to compel testimony at a
hearing or to require the production of
documents only from the following per-
sons:
(1) Another party;
(2) An officer, employee, or agent of
another party;
(3) Any other person named in the
complaint as participating in or bene-
fiting from the actions of the respond-
ent alleged to have violated any Act;
(4) An officer, employee, or agent of
any other person named in the com-
plaint as participating in or benefiting
from the actions of the respondent al-
leged to have violated any Act.
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