---
kind: "section"
citation: "6 C.F.R. § 13.33"
title: "6"
number: "13.33"
heading: "Witnesses."
url: "https://uscodex.org/cfr/6/13.33"
---

# §13.33. Witnesses.

- (a) Except as provided in [paragraph (b)](#b) of this section, testimony at the hearing will be given orally by witnesses under oath or affirmation.
- (b) At the discretion of the Presiding Officer, testimony may be admitted in the form of a written Statement or deposition. Any such written Statement must be provided to all other parties along with the last known address of such witness, in a manner that allows sufficient time for other parties to subpoena such witness for cross-examination at the hearing. Prior written Statements of witnesses proposed to testify at the hearing and deposition transcripts will be exchanged as provided in [§ 13.22(a)](/cfr/6/13.22.md?p=a).
- (c) The Presiding Officer will exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
  - (1) Make the interrogation and presentation effective for the ascertainment of the truth;
  - (2) Avoid needless consumption of time; and
  - (3) **Protect witnesses from harassment or undue embarrassment.**
- (d) The Presiding Officer will permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
- (e) At the discretion of the Presiding Officer, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination. To the extent permitted by the Presiding Officer, cross-examination on matters outside the scope of direct examination will be conducted in the manner of direct examination and may proceed by leading questions only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.
- (f) Upon motion of any party, the Presiding Officer will order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of:
  - (1) A party who is an Individual;
  - (2) In the case of a party that is not an Individual, an officer or employee of the party;
    - (i) Appearing for the entity pro se; or
    - (ii) Designated by the party's Representative; or
  - (3) An Individual whose presence is shown by a party to be essential to the presentation of its case, including an Individual employed by the Government engaged in assisting the Representative for the Government.

## Notes

### Authority

Authority: Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C., Ch. 1, sections 101 et seq. ); 5 U.S.C. 301; 31 U.S.C. 3801-3812.

### Source

Source: 70 FR 59211, Oct. 12, 2005, unless otherwise noted.