---
kind: "section"
citation: "49 C.F.R. § 386.37"
title: "49"
number: "386.37"
heading: "Discovery."
url: "https://uscodex.org/cfr/49/386.37"
---

# §386.37. Discovery.

- (a) Parties may obtain discovery by one or more of the following methods: Depositions upon oral examination or written questions; written interrogatories; request for production of documents or other evidence for inspection and other purposes; physical and mental examinations; and requests for admission.
- (b) Discovery may not commence until the matter is pending before the Agency Decisionmaker or referred to the Office of Hearings.
- (c) Except as otherwise provided in these rules, in the Administrative Procedure Act, [5 U.S.C. 551](/usc/5/551.md) et seq., or by the Agency Decisionmaker or Administrative Law Judge, in the absence of specific Agency provisions or regulations, the Federal Rules of Civil Procedure may serve as guidance in administrative adjudications.

## Notes

### Amendments

[70 FR 28483, May 18, 2005]

### Authority

Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 315; and 49 CFR 1.81, 1.87.

### Source

Source: 50 FR 40306, Oct. 2, 1985, unless otherwise noted.

### Amendments

[70 FR 28483, May 18, 2005]