Depositions.

CFR · 2024-01-01 · US · Title 12

(a) (1) If the proceeding involves a single respondent, the respondent may depose no more than three persons, and the Office of Enforcement may depose no more than three persons. (2) If the proceeding involves multiple respondents, the respondents collectively may depose no more than five persons, and the Office of Enforcement may depose no more than five persons. The depositions taken under this paragraph (a)(2) cannot exceed a total of five depositions for the Office of Enforcement, and five depositions for all respondents collectively. (3) Any side may file a motion with the hearing officer seeking leave to take up to two additional depositions beyond those permitted pursuant to paragraphs (a)(1) and (2) of this section. (i) (B) Upon consideration of the motion and any opposing papers, the hearing officer will issue an order either granting or denying the motion. The hearing officer will consider the motion on an expedited basis. (ii) (A) Identifying all witnesses the moving side plans to depose under this section; (B) Describing the role of all witnesses; (C) Describing the matters concerning which all witnesses are expected to be questioned, and why the deposition of all witnesses is necessary for the moving side's arguments, claims, or defenses; and (D) Showing that the additional deposition(s) requested will not be unreasonably cumulative or duplicative. (b) (2) The order for deposition, filing of the deposition, form of the deposition, and use of the deposition in the

official document · source cfr-2024 · id 12:§ 1081.209