---
kind: "section"
citation: "28 C.F.R. § 76.29"
title: "28"
number: "76.29"
heading: "Witnesses."
url: "https://uscodex.org/cfr/28/76.29"
---

# §76.29. Witnesses.

- (a) Except as provided in [paragraph (b)](#b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation.
- (b) At the discretion of the Judge and to the extent otherwise permitted by law, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to all other parties, along with the last known address of such witness, in a manner which allows sufficient time for other parties to subpoena, if necessary, such witness for cross-examination at the hearing. Prior written statements of witnesses proposed to testify at the hearing and deposition transcripts shall be exchanged as provided in [28 CFR 76.22](/cfr/28/76.22.md).
- (c) The Judge shall 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 Judge shall 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 Judge, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination.
- (f) Upon motion of any party, the Judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This part does not authorize exclusion of the following:
  - (1) The respondent;
  - (2) **An individual whose presence is shown by a party to be essential to the presentation of its case.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 21 U.S.C. 844a, 875, 876; 28 U.S.C. 509, 510,; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted.