Discovery.

CFR · 2024-01-01 · US · Title 6

(a) (i) Requests for production of Documents for inspection and copying; (ii) Requests for admissions of the authenticity of any relevant Document or of the truth of any relevant fact; (iii) Written interrogatories; and (iv) Depositions. (2) Unless mutually agreed to by the parties, discovery is available only as ordered by the ALJ. The ALJ will regulate the timing of discovery. (b) (2) Nothing in this part will be interpreted to require the creation of a Document. (c) (2) Within ten days of service, a party may file an opposition to the motion 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. (d) (2) The party seeking to depose will serve the subpoena in the manner prescribed in § 13.8. (3) The deponent may file a motion to quash the subpoena or a motion for a protective order within ten days of service. If the ALJ has not acted on such a motion by the return date, such date will be suspended pending the ALJ's final action on the motion. (4) The party seeking to depose will provide for the

official document · source cfr-2024 · id 6:§ 13.21