---
kind: "section"
citation: "34 C.F.R. § 33.33"
title: "34"
number: "33.33"
heading: "Witnesses."
url: "https://uscodex.org/cfr/34/33.33"
---

# §33.33. Witnesses.

- (a) Except as provided in [paragraph (b)](#b) of this section, testimony at the hearing must 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. Any such written statement must be provided to all other parties along with the last known address of the witness, in a manner that allows sufficient time for other parties to subpoena the witness for cross-examination at the hearing. Prior written statements of witnesses proposed to testify at the hearing and deposition transcripts must be exchanged as provided in [§ 33.22(a)](/cfr/34/33.22.md?p=a).
- (c) The ALJ 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 ALJ 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 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 must 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 shall 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 party 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 Government engaged in assisting the representative for the Government.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 15675, May 3, 1988, unless otherwise noted.