---
kind: "section"
citation: "7 C.F.R. § 1.331"
title: "7"
number: "1.331"
heading: "Witnesses."
url: "https://uscodex.org/cfr/7/1.331"
---

# §1.331. Witnesses.

- (a) Except as provided in [paragraph (b)](#b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation.
- (b) At the discretion of the ALJ, 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 which 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 shall be exchanged as provided in [§ 1.322(g)](/cfr/7/1.322.md?p=g) of this part.
- (c) The ALJ shall permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
- (d) A witness may be cross-examined on any matter relevant to the proceeding without regard to the scope of his or her direct examination.
- (e) Upon motion of any party, the ALJ shall 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 designated by the 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 USDA engaged in assisting the representative for USDA.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 56 FR 9582, Mar. 7, 1991, unless otherwise noted. Correctly designated at 57 FR 3909, Feb. 3, 1992.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.