Discovery.

CFR · 2024-01-01 · US · Title 5

(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 § 185.123, the term (c) Unless mutually agreed to by the parties, discovery is available only as (d) Motions for discovery are to be handled according to the following procedures: (1) A party seeking discovery may file a motion with the ALJ. Such a motion shall be accompanied by a copy of the requested discovery, or in the case of depositions, a summary of the scope of the proposed deposition. (2) Within 10 days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 185.125. (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 § 185.125. (e) Depositions are to be handled in the following manner: (1) If a motion for deposition is granted, the ALJ shall issue a subpoena for the deponent, w

official document · source cfr-2024 · id 5:§ 185.122