---
kind: "section"
citation: "34 C.F.R. § 81.16"
title: "34"
number: "81.16"
heading: "Discovery."
url: "https://uscodex.org/cfr/34/81.16"
---

# §81.16. Discovery.

- (a) **The parties to a case are encouraged to exchange relevant documents and information voluntarily.**
- (b) The ALJ, at a party's request, may order compulsory discovery described in [paragraph (c)](#c) of this section if the ALJ determines that—
  - (1) The order is necessary to secure a fair, expeditious, and economical resolution of the case;
  - (2) The discovery requested is likely to elicit relevant information with respect to an issue in the case;
  - (3) The discovery request was not made primarily for the purposes of delay or harassment; and
  - (4) **The order would serve the ends of justice.**
- (c) If a compulsory discovery is permissible under [paragraph (b)](#b) of this section, the ALJ may order a party to do one or more of the following:
  - (1) **Make relevant documents available for inspection and copying by the party making the request.**
  - (2) **Answer written interrogatories that inquire into relevant matters.**
  - (3) **Have depositions taken.**
- (d) The ALJ may issue a subpoena to enforce an order described in this section and may apply to the appropriate court of the United States to enforce the subpoena.
- (e) The ALJ may not compel the discovery of information that is legally privileged.
- (f)
  - (1) The ALJ limits the period for discovery to not more than 90 days but may grant an extension for good cause.
  - (2) At a party's request, the ALJ may set a specific schedule for discovery.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.