---
kind: "section"
citation: "33 C.F.R. § 20.601"
title: "33"
number: "20.601"
heading: "General."
url: "https://uscodex.org/cfr/33/20.601"
---

# §20.601. General.

- (a) Unless the ALJ orders otherwise, each party—and each interested person who has filed written notice of intent to present evidence at any hearing in the proceeding under [§ 20.404](/cfr/33/20.404.md)—shall make available to the ALJ and to every other party and interested person—
  - (1) The name of each expert and other witness the party intends to call, together with a brief narrative summary of the expected testimony; and
  - (2) A copy, marked as an exhibit, of each document the party intends to introduce into evidence or use in the presentation of its case.
- (b) During a pre-hearing conference ordered under [§ 20.501](/cfr/33/20.501.md), the ALJ may direct that the parties exchange witness lists and exhibits either at once or by correspondence.
- (c) The ALJ may establish a schedule for discovery and shall serve a copy of any such schedule on each party.
  - (1) The schedule may include dates by which the parties shall both exchange witness lists and exhibits and file any requests for discovery and objections to such requests.
  - (2) Unless the ALJ orders otherwise, the parties shall exchange witness lists and exhibits 15 days or more before hearing.
- (d) Further discovery may occur only by order, and then only when the ALJ determines that—
  - (1) It will not unreasonably delay the proceeding;
  - (2) The information sought is not otherwise obtainable;
  - (3) The information sought has significant probative value;
  - (4) The information sought is neither cumulative nor repetitious; and
  - (5) The method or scope of the discovery is not unduly burdensome and is the least burdensome method available.
- (e) A motion for discovery must set forth—
  - (1) The circumstances warranting the discovery;
  - (2) The nature of the information sought; and
  - (3) **The proposed method and scope of discovery and the time and place where the discovery would occur.**
- (f) If the ALJ determines that he or she should grant the motion, he or she shall issue an order for the discovery, together with the terms on which it will occur.

## Notes

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.