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Notes

49 C.F.R. §§ 386.42–386.44

3 sections in range

§386.42. Written interrogatories to parties.

49 C.F.R. § 386.42

(a)
Without leave, any party may serve upon any other party written interrogatories to be answered by the party to whom the interrogatories are directed; or, if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who will furnish the information available to that party.
(b)
The maximum number of interrogatories served will not exceed 30, including all subparts, unless the Agency Decisionmaker or Administrative Law Judge permits a larger number on motion and for good cause shown. Other interrogatories may be added without leave, so long as the total number of approved and additional interrogatories does not exceed 30.
(c)
Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the party, or counsel for the party, if represented, making the response. The party to whom the interrogatories are directed shall serve the answers and any objections within 30 days after the service of the interrogatories, or within such shortened or longer period as the Agency Decisionmaker or the Administrative Law Judge may allow.
(d)
Motions to compel may be made in accordance with § 386.45.
(e)
A notice of discovery must be served on the Agency Decisionmaker or, in cases that have been referred to the Office of Hearings, on the Administrative Law Judge. A copy of the interrogatories, answers, and all related pleadings must be served on all parties to the proceeding.
(f)
An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the Agency Decisionmaker or Administrative Law Judge may order that such an interrogatory need not be answered until after designated discovery has been completed or until a prehearing conference or other later time.
Notes, amendments, and revision history

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]

§386.43. Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination.

49 C.F.R. § 386.43

(a)
Any party may serve on any other party a request to:
(1)
Produce and permit the party making the request, or a person acting on his or her behalf, to inspect and copy any designated documents, or to inspect and copy, test, or sample any tangible things which are in the possession, custody, or control of the party upon whom the request is served; or
(2)
Permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, photographing, testing, or for other purposes as stated in paragraph (a)(1) of this section.
(3)
Submit to a physical or mental examination by a physician.
(b)
The request may be served on any party without leave of the Agency Decisionmaker or administrative law judge.
(c)
The request shall—
(1)
Set forth the items to be inspected either by individual item or category;
(2)
Describe each item or category with reasonable particularity;
(3)
Specify a reasonable time, place, and manner of making the inspection and performing the related acts;
(4)
Specify the time, place, manner, conditions, and scope of the physical or mental examination and the person or persons by whom it is to be made. A report of examining physician shall be made in accordance with Rule 35(b) of the Federal Rules of Civil Procedure, title 28, U.S. Code, as amended.
(d)
The party upon whom the request is served shall serve on the party submitting the request a written response within 30 days after service of the request.
(e)
The response shall state, with respect to each item or category:
(1)
That inspection and related activities will be permitted as requested; or
(2)
That objection is made in whole or in part, in which case the reasons for objection shall be stated.
(f)
A copy of each request for production and each written response shall be served on all parties and filed with the Agency Decisionmaker or the administrative law judge, if one has been appointed.
Notes, amendments, and revision history

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.

§386.44. Request for admissions.

49 C.F.R. § 386.44

(a)
Request for admission.
(1)
Any party may serve upon any other party a request for admission of any relevant matter or the authenticity of any relevant document. Copies of any document about which an admission is requested must accompany the request.
(2)
Each matter for which an admission is requested shall be separately set forth and numbered. The matter is admitted unless within 15 days after service of the request, the party to whom the request is directed serves upon the party requesting the admission a written answer signed by the party or his/her attorney.
(3)
Each answer must specify whether the party admits or denies the matter. If the matter cannot be admitted or denied, the party shall set out in detail the reasons.
(4)
A party may not issue a denial or fail to answer on the ground that he/she lacks knowledge unless he/she has made reasonable inquiry to ascertain information sufficient to allow him/her to admit or deny.
(5)
A party may file an objection to a request for admission within 10 days after service. Such motion shall be filed with the administrative law judge if one has been appointed, otherwise it shall be filed with the Agency Decisionmaker. An objection must explain in detail the reasons the party should not answer. A reply to the objection may be served by the party requesting the admission within 10 days after service of the objection. It is not sufficient ground for objection to claim that the matter about which an admission is requested presents an issue of fact for hearing.
(b)
Effect of admission. Any matter admitted is conclusively established unless the Agency Decisionmaker or administrative law judge permits withdrawal or amendment. Any admission under this rule is for the purpose of the pending action only and may not be used in any other proceeding.
(c)
If a party refuses to admit a matter or the authenticity of a document which is later proved, the party requesting the admission may move for an award of expenses incurred in making the proof. Such a motion shall be granted unless there was a good reason for failure to admit.
Notes, amendments, and revision history

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.