---
kind: "section"
citation: "50 C.F.R. § 228.18"
title: "50"
number: "228.18"
heading: "Cross-examination."
url: "https://uscodex.org/cfr/50/228.18"
---

# §228.18. Cross-examination.

- (a) **The presiding officer may—**
  - (1) Require the cross-examiner to outline the intended scope of the cross-examination;
  - (2) Prohibit parties from cross-examining witnesses unless the presiding officer has determined that the cross-examiner has an adverse interest on the facts at issue to the party-witness or the party presenting the witness. For the purposes of this subsection, the Assistant Administrator's or his or her representative's interest shall be considered adverse to all parties;
  - (3) Limit the number of times any party or parties having a common interest may cross-examine an “adverse” witness on the same matter; and
  - (4) **Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious.**
- (b) Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his or her name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony.
- (c) Any party or party's counsel who fails to appear at the hearing to cross-examine an “adverse” witness shall be deemed to have waived the right to cross-examine that witness.
- (d) Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations.

## Notes

### Authority

Authority: 16 U.S.C. 1361 et seq.

### Source

Source: 65 FR 39560, June 27, 2000, unless otherwise noted.