---
kind: "section"
citation: "5 C.F.R. § 1201.74"
title: "5"
number: "1201.74"
heading: "Orders for discovery."
url: "https://uscodex.org/cfr/5/1201.74"
---

# §1201.74. Orders for discovery.

- (a) **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)](/cfr/5/1201.73.md?p=c-1) and [(d)(3)](/cfr/5/1201.73.md?p=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)](/cfr/5/1201.73.md?p=c-1) and [(d)(3)](/cfr/5/1201.73.md?p=d-3).
- (b) **Content of order.** Any order issued will include, where appropriate:
  - (1) A provision that the person to be deposed must be notified of the time and place of the deposition;
  - (2) 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;
  - (3) Limits on the time for conducting depositions, answering written interrogatories, or producing documentary evidence; and
  - (4) **Other restrictions upon the discovery process that the judge sets.**
- (c) **Noncompliance.** The judge may impose sanctions under [§ 1201.43](/cfr/5/1201.43.md) of this part for failure to comply with an order compelling discovery.

## Notes

### 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]