Goto Section: 1.728 | 1.730 | Table of Contents
FCC 1.729
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.729 Discovery.
(a) Subject to paragraph (i) of this section governing Accelerated Docket
proceedings, a complainant may file with the Commission and serve on a
defendant, concurrently with its complaint, a request for up to ten written
interrogatories. A defendant may file with the Commission and serve on a
complainant, during the period starting with the service of the complaint
and ending with the service of its answer, a request for up to ten written
interrogatories. A complainant may file with the Commission and serve on a
defendant, within three calendar days of service of the defendant's answer,
a request for up to five written interrogatories. Subparts of any
interrogatory will be counted as separate interrogatories for purposes of
compliance with this limit. Requests for interrogatories filed and served
pursuant to this procedure may be used to seek discovery of any
non-privileged matter that is relevant to the material facts in dispute in
the pending proceeding, provided, however, that requests for interrogatories
filed and served by a complainant after service of the defendant's answer
shall be limited in scope to specific factual allegations made by the
defendant in support of its affirmative defenses. This procedure may not be
employed for the purpose of delay, harassment or obtaining information that
is beyond the scope of permissible inquiry related to the material facts in
dispute in the pending proceeding.
(b) Requests for interrogatories filed and served pursuant to paragraph (a)
of this section shall contain a listing of the interrogatories requested and
an explanation of why the information sought in each interrogatory is both
necessary to the resolution of the dispute and not available from any other
source.
(c) A responding party shall file with the Commission and serve on the
propounding party any opposition and objections to the requests for
interrogatories as follows:
(1) By the defendant, within ten calendar days of service of the requests
for interrogatories served simultaneously with the complaint and within five
calendar days of the requests for interrogatories served following service
of the answer;
(2) By the complainant, within five calendar days of service of the requests
for interrogatories; and
(3) In no event less than three calendar days prior to the initial status
conference as provided for in § 1.733(a).
(d) Commission staff will consider the requests for interrogatories,
properly filed and served pursuant to paragraph (a) of this section, along
with any objections or oppositions thereto, properly filed and served
pursuant to paragraph (b) of this section, at the initial status conference,
as provided for in § 1.733(a)(5), and at that time determine the
interrogatories, if any, to which parties shall respond, and set the
schedule of such response.
(e) The interrogatories ordered to be answered pursuant to paragraph (d) of
this section are to be answered separately and fully in writing under oath
or affirmation by the party served, or if such party is a public or private
corporation or partnership or association, by any officer or agent who shall
furnish such information as is available to the party. The answers shall be
signed by the person making them. The answers shall be filed with the
Commission and served on the propounding party.
(f) A propounding party asserting that a responding party has provided an
inadequate or insufficient response to Commission-ordered discovery request
may file a motion to compel within ten days of the service of such response,
or as otherwise directed by Commission staff, pursuant to the requirements
of § 1.727.
(g) The Commission may, in its discretion, require parties to provide
documents to the Commission in a scanned or other electronic format that
provides:
(1) Indexing by useful identifying information about the documents; and
(2) Technology that allows staff to annotate the index so as to make the
format an efficient means of reviewing the documents.
(h) The Commission may allow additional discovery, including, but not
limited to, document production, depositions and/or additional
interrogatories. In its discretion, the Commission may modify the scope,
means and scheduling of discovery in light of the needs of a particular case
and the requirements of applicable statutory deadlines.
(i) Discovery in Accelerated Docket proceedings. (1) Each party to an
Accelerated Docket proceeding shall serve, with its initial pleading and
with any reply statements in the pre-status-conference filing (see
§ 1.726(g)(1)), copies of all documents in the possession, custody or control
of the party that are likely to bear significantly on any claim or defense.
For the purpose of this paragraph (i), document also shall include data
compilations and tangible things. A document is likely to bear significantly
on a claim or defense if it:
(i) Appears likely to have an influence on, or affect the outcome of, a
claim or defense;
(ii) Reflects the relevant knowledge of persons who, if their potential
testimony were known, might reasonably be expected to be deposed or called
as a witness by any of the parties;
(iii) Is something that competent counsel would consider reasonably
necessary to prepare, evaluate or try a claim or defense; or
(iv) Would not support the disclosing party's contentions.
(2) In their § 1.733(i)(4) pre-status-conference filings, parties to
Accelerated Docket proceedings may request the production of additional
documents. In their § 1.733(i)(4) filings, parties may also seek leave to
conduct a reasonable number of depositions, including depositions of expert
witnesses, if any. When requesting additional discovery, each party shall be
prepared at the status conference to justify its requests by identifying the
specific issue or issues on which it expects to obtain evidence from each
request.
(3) Interrogatories shall not be routinely granted in Accelerated Docket
proceedings. A party to an Accelerated Docket proceeding that prefers
interrogatories to the other forms of available discovery, for reasons of
convenience or expense, may seek leave in its § 1.733(i)(4)
pre-status-conference filing to propound a limited number of
interrogatories.
(4) Expert Witnesses.
(i) Any complainant in an Accelerated Docket proceeding that intends to rely
on expert testimony for a purpose other than to rebut a defendant's expert
evidence, shall identify its expert witnesses in the information designation
required by § 1.721(a)(10)(i). In its § 1.721(a)(10)(i) information
designation, such a complainant shall also provide its expert statement. For
purposes of this paragraph (i)(4), an expert statement shall include a brief
statement of the opinions to be expressed by the expert, the basis and
reasons therefor and any data or other information that the witness
considered in forming her opinions.
(ii) Any defendant in an Accelerated Docket proceeding that intends to rely
on expert testimony shall identify its expert witnesses in the information
designation required by § 1.724(f)(1). Such a defendant shall provide its
expert statement with its § 1.733(i)(4), pre-status-conference filing.
(iii) Any complainant in an Accelerated Docket proceeding that intends to
rely on previously undisclosed expert testimony to rebut any portion of the
defendant's case shall identify the expert and provide the appropriate
expert statement at the initial status conference.
(iv) Expert witnesses shall be subject to deposition in Accelerated Docket
proceedings under the same rules and limitations applicable to fact
witnesses.
[ 63 FR 1038 , Jan. 7, 1998, as amended at 63 FR 41447 , Aug. 4, 1998]
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Goto Section: 1.728 | 1.730
Goto Year: 2014 |
2016
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