Discovery.

CFR · 2024-01-01 · US · Title 10

(a) The following types of discovery are authorized: (1) Requests for production of documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. (b) For the purpose of this section and §§ 13.22 and 13.23, the term “documents” includes information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence. Nothing contained herein shall be interpreted to require the creation of a document. (c) Unless mutually agreed to by the parties, discovery is available only as ordered by the ALJ. The ALJ shall regulate the timing of discovery. (d) (2) Within ten days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 13.24. (3) The ALJ may grant a motion for discovery only if he or she finds that the discovery sought— (i) Is necessary for the expeditious, fair, and reasonable consideration of the issues; (ii) Is not unduly costly or burdensome; (iii) Will not unduly delay the proceeding; and (iv) Does not seek privileged information. (4) The burden of showing that discovery should be allowed is on the party seeking discovery. (5) The ALJ may grant discovery subject to a protective order under § 13.24. (e) (2) The party seeking to depose shall serve the subpoena in the manner prescribed in § 13.8. (3) The deponent may file with the ALJ a motion to quash the

official document · source cfr-2024 · id 10:§ 13.21