§1201.74. Orders for discovery.
5 C.F.R. § 1201.74
Motion for an order compelling discovery. Motions for orders compelling discovery and motions for the appearance of nonparties must be filed with the judge in accordance with § 1201.73(c)(1) and (d)(3). An administrative judge may deny a motion to compel discovery if a party fails to comply with the requirements of 5 CFR 1201.73(c)(1) and (d)(3).
Content of order. Any order issued will include, where appropriate:
A provision that the person to be deposed must be notified of the time and place of the deposition;
Any conditions or limits concerning the conduct or scope of the proceedings or the subject matter that may be necessary to prevent undue delay or to protect a party or other individual or entity from undue expense, embarrassment, or oppression;
Limits on the time for conducting depositions, answering written interrogatories, or producing documentary evidence; and
Other restrictions upon the discovery process that the judge sets.
Noncompliance. The judge may impose sanctions under § 1201.43 of this part for failure to comply with an order compelling discovery.
Notes, amendments, and revision history
Amendments
[54 FR 53504, Dec. 29, 1989, as amended at 73 FR 18151, Apr. 3, 2008; 78 FR 23458, Apr. 19, 2013]
Authority
Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted.
Source
Source: 54 FR 53504, Dec. 29, 1989, unless otherwise noted.
Amendments
[54 FR 53504, Dec. 29, 1989, as amended at 73 FR 18151, Apr. 3, 2008; 78 FR 23458, Apr. 19, 2013]