Goto Section: 1.323 | 1.331 | Table of Contents
FCC 1.325
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.325 Discovery and production of documents and things for inspection,
copying, or photographing.
(a) A party to a Commission proceeding may request any other party except
the Commission to produce and permit inspection and copying or
photographing, by or on behalf of the requesting party, of any designated
documents, papers, books, accounts, letters, photographs, objects, or
tangible things which constitute or contain evidence within the scope of the
examination permitted by § 1.311(b) of this part and which are in his
possession, custody, or control or to permit entry upon designated land or
other property in his possession or control for purposes of inspecting,
measuring, surveying, or photographing the property or any designated object
or operation thereon within the scope of the examination permitted by
§ 1.311(b) of this part.
(1) Such requests need not be filed with the presiding officer, but copies
of the request shall be served on all other parties to the proceeding.
(2) The party against whom the request was made must, within 10 days, comply
with the request or object to the request, claiming a privilege or raising
other proper objections. If the request is not complied with in whole or in
part, the requesting party may file a motion to compel production of
documents or access to property with the presiding officer. A motion to
compel must be accompanied by a copy of the original request and the
responding party's objection or claim of privilege. Motions to compel must
be filed within five business days of the objection or claim of privilege.
(3) In resolving any disputes involving the production of documents or
access to property, the presiding officer may direct that the materials
objected to be presented to him for in camera inspection.
(b) Any party seeking the production of Commission records should proceed
under § 0.460 or § 0.461 of this chapter. See § § 0.451 through 0.467.
[ 33 FR 463 , Jan. 12, 1968, as amended at 40 FR 39509 , Aug. 28, 1975; 56 FR 794 , Jan. 9, 1991; 56 FR 25639 , June 5, 1991; 76 FR 70908 , Nov. 16, 2011]
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Subpenas
Authority: Sections 1.331 and 1.333 through 1.340 are issued under sec. 409,
48 Stat. 1096; 47 U.S.C. 409.
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Goto Section: 1.323 | 1.331
Goto Year: 2014 |
2016
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