Goto Section: 1.321 | 1.325 | Table of Contents
FCC 1.323
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.323 Interrogatories to parties.
(a) Interrogatories. Any party may serve upon any other party written
interrogatories to be answered in writing by the party served or, if the
party served is a public or private corporation or a partnership or
association, by any officer or agent, who shall furnish such information as
is available to the party. A copy of the interrogatories shall be served
upon all parties to the proceeding. An original and three copies of the
interrogatories, answers, and all related pleadings shall be filed with the
Secretary of the Commission. A copy of the interrogatories, answers and all
related pleadings shall be served on the presiding officer.
(1) Except as otherwise provided in a protective order, the number of
interrogatories or sets of interrogatories is not limited.
(2) Except as provided in such an order, interrogatories may be served after
a deposition has been taken, and a deposition may be sought after
interrogatories have been answered.
(b) Answers and objections. Each interrogatory shall be answered separately
and fully in writing under oath or affirmation, unless it is objected to, in
which event the reasons for objection shall be stated in lieu of an answer.
The answers shall be signed by the person making them, and the objections by
the attorney making them. The party upon whom the interrogatories were
served shall serve a copy of the answers and objections upon all parties to
the proceeding within 14 days after service of the interrogatories, or
within such shorter or longer period as the presiding officer may allow.
Answers may be used in the same manner as depositions of a party (see
Sec. 1.321(d)).
(c) Motion to compel an answer. Any party to the proceeding may, within 7
days, move for an order with respect to any objection or other failure to
answer an interrogatory. For purposes of this paragraph, an evasive or
incomplete answer is a failure to answer; and if the motion is based on the
assertion that the answer is evasive or incomplete, it shall contain a
statement as to the scope and detail of an answer which would be considered
responsive and complete. The party upon whom the interrogatories were served
may file a response within 7 days after the motion is filed, to which he may
append an answer or an amended answer. Additional pleadings should not be
submitted and will not be considered.
(d) Action by the presiding officer. If the presiding officer determines
that an objection is not justified, he shall order that the answer be
served. If an interrogatory has not been answered, the presiding officer may
rule that the right to object has been waived and may order that an answer
be served. If an answer does not comply fully with the requirements of this
section, the presiding officer may order that an amended answer be served,
may specify the scope and detail of the matters to be covered by the amended
answer, and may specify any appropriate procedural consequences (including
adverse findings of fact and dismissal with prejudice) which will follow
from the failure to make a full and responsive answer. If a full and
responsive answer is not made, the presiding officer may issue an order
invoking any of the procedural consequences specified in the order to compel
an answer.
(e) Appeal. As order to compel an answer is not subject to appeal.
[ 33 FR 10572 , July 25, 1968, as amended at 35 FR 17334 , Nov. 11, 1970]
Goto Section: 1.321 | 1.325
Goto Year: 2007 |
2009
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