---
kind: "section"
citation: "49 C.F.R. § 604.38"
title: "49"
number: "604.38"
heading: "Discovery."
url: "https://uscodex.org/cfr/49/604.38"
---

# §604.38. Discovery.

- (a) Permissible forms of discovery shall be within the discretion of the PO.
- (b) The PO shall limit the frequency and extent of discovery permitted by this section if a party shows that:
  - (1) The information requested is cumulative or repetitious;
  - (2) The information requested may be obtained from another less burdensome and more convenient source;
  - (3) The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this section; or
  - (4) **The method or scope of discovery requested by the party is unduly burdensome or expensive.**

## Notes

### Authority

Authority: 49 U.S.C. 5323(d); 49 CFR 1.91.

### Source

Source: 73 FR 2345, Jan. 14, 2008, as amended at 90 FR 28213, July 1, 2025, unless otherwise noted.