---
kind: "section"
citation: "18 C.F.R. § 385.908"
title: "18"
number: "385.908"
heading: "Discovery (Rule 908)."
url: "https://uscodex.org/cfr/18/385.908"
---

# §385.908. Discovery (Rule 908).

- (a) **By petitioner.** In the answer under [Rule 906(b)(2)](/cfr/18/906.md?p=b-2) (pleadings), the petitioner may request permission of the presiding officer to conduct discovery, where such discovery:
  - (1) Relates to new facts or issues raised in accordance with [Rule 907(a)](/cfr/18/907.md?p=a) (new facts and issues); or
  - (2)
    - (i) Was not permitted in the prior proceedings on the contested order due to erroneous adverse procedural rulings; and
    - (ii) **Is necessary for a full and true disclosure of the facts.**
- (b) **By the Secretary.** In the reply under [Rule 906(a)(2)](/cfr/18/906.md?p=a-2) (pleadings), the Secretary may request permission of the presiding officer to conduct discovery where such discovery relates to new facts or issues raised in accordance with [Rule 907(b)](/cfr/18/907.md?p=b) (new facts and issues).
- (c) **By interveners.** In a motion to intervene under [Rule 906(c)(8)](/cfr/18/906.md?p=c-8) (pleadings) an intervener may request permission of the presiding officer to conduct discovery where such discovery:
  - (1) Relates to new facts or issues raised in accordance with [Rule 907(c)](/cfr/18/907.md?p=c) (new facts and issues); or
  - (2) If the intervener participated in the prior proceedings,
    - (i) Such discovery was not permitted in prior proceedings on the contested order due to erroneous adverse procedural rulings; and
    - (ii) **Such discovery is necessary for a full and true disclosure of the facts.**
- (d) **Determinations by the presiding officer.** The presiding officer will determine whether to grant or deny, in whole or in part, the requests of the participants for discovery and will set a time limit within which discovery must be conducted.
- (e) **Interrogatories.** In addition to discovery devices applicable to this subpart under other subparts of this part, participants may conduct discovery by means of written interrogatories under conditions determined by the presiding officer.

## Notes

### Authority

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015).

### Source

Source: Order 225, 47 FR 19022, May 3, 1982, unless otherwise noted.