Goto Section: 1.315 | 1.318 | Table of Contents
FCC 1.316
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.316 Depositions upon written interrogatories—notice and preliminary
procedure.
(a) Service of interrogatories; notice. A party to the hearing proceeding
desiring to take the deposition of any person upon written interrogatories
shall serve the interrogatories upon every other party and shall give a
minimum of 35 days notice in writing to every other party and to the person
to be examined. An original and three copies of the interrogatories and the
notice (and of all related pleadings) shall be filed with the Secretary of
the Commission. A copy of the interrogatories and the notice (and of all
related pleadings) shall be served on the presiding officer. The notice
shall contain the following information:
(1) The name and address of each person to be examined, if known, and if the
name is not known, a general description sufficient to identify him or the
particular class or group to which he belongs.
(2) The time and place for taking the deposition of each person to be
examined, and the name or descriptive title and address of the officer
before whom the deposition is to be taken.
(3) The matters upon which each person will be examined. See Sec. 1.319.
(b) Additional interrogatories. Within 7 days after the filing and service
of the original interrogatories, any other party to the proceeding may, in
the same manner, file and serve additional interrogatories to be asked of
the same witness at the same time and place, with notice to the witness of
any additional matters upon which he will be examined.
(c) Cross interrogatories. Within 14 days after the filing and service of
the original interrogatories, any party to the proceeding may, in the same
manner, file and serve cross interrogatories, which shall be limited to
matters raised in the original or in the additional interrogatories.
(d) Responsive pleadings. (1) Within 21 days after service of the original
interrogatories, any party to the proceeding may move to limit or suppress
any original, additional or cross interrogatory, and the person to be
examined may file a motion opposing the taking of depositions. See
Sec. 1.319(a).
(2) Within 28 days after service of the original interrogatories, a response
to a motion to limit or suppress any interrogatory or to a motion opposing
the taking of depositions may be filed by any party to the proceeding.
(3) Additional pleadings should not be filed and will not be considered.
(e) Protective order. On a motion to limit or suppress or an opposition
motion filed under paragraph (d) of this section, or on his own motion, the
presiding officer may issue a protective order. See Sec. 1.313. A protective
order issued by the presiding officer on his own motion may be issued at any
time prior to the date specified in the notice for the taking of
depositions.
(f) Authority to take depositions. (1) If an opposition motion is not filed
within 21 days after service of the notice to take depositions, and if the
presiding officer does not on his own motion issue a protective order prior
to the time specified in the notice for the taking of depositions, the
depositions described in the notice may be taken. An order for the taking of
depositions is not required.
(2) If an opposition motion is filed, the depositions described in the
notice shall not be taken until the presiding officer has acted on that
motion. If the presiding officer authorizes the taking of depositions, he
may specify a time, place or officer for taking them different from that
specified in the notice to take depositions.
(3) If the presiding officer issues a protective order, the depositions
described in the notice may be taken (if at all) only in accordance with the
provisions of that order.
Note: The computation of time provisions of Sec. 1.4(g) shall not apply to
interrogatories and pleadings filed under the provisions of this section.
[ 33 FR 10571 , July 25, 1968]
Goto Section: 1.315 | 1.318
Goto Year: 2007 |
2009
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