---
kind: "section"
citation: "12 C.F.R. § 308.532"
title: "12"
number: "308.532"
heading: "Witnesses."
url: "https://uscodex.org/cfr/12/308.532"
---

# §308.532. Witnesses.

- (a) Except as provided in [paragraph (b)](#b) of this section, testimony at the hearing will be given orally by witnesses under oath or affirmation.
- (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. The party offering a written statement must provide all other parties with a copy of the written statement along with the last known address of the witness. Sufficient time must be allowed for other parties to subpoena the witness for cross-examination at the hearing. Prior written statements and deposition transcripts of witnesses identified to testify at the hearing must be exchanged as provided in [§ 308.521(a)](/cfr/12/308.521.md?p=a) of this subpart.
- (c) The ALJ will exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
  - (1) Make the interrogation and presentation effective for the ascertainment of the truth;
  - (2) Avoid needless consumption of time; and
  - (3) **Protect witnesses from harassment or undue embarrassment.**
- (d) The ALJ will permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
- (e) At the discretion of the ALJ, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination. To the extent permitted by the ALJ, cross-examination on matters outside the scope of direct examination will be conducted in the manner of direct examination and may proceed by leading questions only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.
- (f) Upon motion of any party, the ALJ will order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of:
  - (1) A party who is an individual;
  - (2) In the case of a party that is not an individual, an officer or employee of the party appearing for the entity pro se or designated by the party's representative; or
  - (3) An individual whose presence is shown by a party to be essential to the presentation of its case, including an individual employed by the Corporation engaged in assisting the representative for the Corporation.

## Notes

### Source

Source: 66 FR 9189, Feb. 7, 2001, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 1464, 1467(d), 1467a, 1468, 1815(e), 1817, 1818, 1819, 1820, 1828, 1829, 1829(b), 1831i, 1831m(g)(4), 1831 o, 1831p-1, 1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717, 5412(b)(2)(C), 5414(b)(3); 15 U.S.C. 78(h) and (i), 78 o (c)(4), 78 o -4(c), 78 o -5, 78q-1, 78s, 78u, 78u-2, 78u-3, 78w, 6801(b), 6805(b)(1); 28 U.S.C. 2461 note; 31 U.S.C. 330, 5321; 42 U.S.C. 4012a; Pub. L. 104-134, sec. 31001(s), 110 Stat. 1321; Pub. L. 109-351, 120 Stat. 1966; Pub. L. 111-203, 124 Stat. 1376; Pub. L. 114-74, sec. 701, 129 Stat. 584.

### Source

Source: 56 FR 37975, Aug. 9, 1991, unless otherwise noted.