§  1.311   General.

   Sections 1.311 through 1.325 provide for taking the deposition of any
   person (including a party), for interrogatories to parties, and for
   orders to parties relating to the production of documents and things
   and for entry upon real property. These procedures may be used for the
   discovery of relevant facts, for the production and preservation of
   evidence for use in a hearing proceeding, or for both purposes.

   (a) Applicability. For purposes of discovery, these procedures may be
   used in any case of adjudication (as defined in the Administrative
   Procedure Act) which has been designated for hearing. For the
   preservation of evidence, they may be used in any case which has been
   designated for hearing and is conducted under the provisions of this
   subpart (see § 1.201).

   (b) Scope of examination. Persons and parties may be examined regarding
   any matter, not privileged, which is relevant to the hearing issues,
   including the existence, description, nature, custody, condition and
   location of any books, documents, or other tangible things and the
   identity and location of persons having knowledge of relevant facts. It
   is not ground for objection to use of these procedures that the
   testimony will be inadmissible at the hearing if the testimony sought
   appears reasonably calculated to lead to the discovery of admissible
   evidence. The use of these procedures against the Commission is subject
   to the following additional limitations:

   (1) The informer's privilege shall encompass information which may lead
   to the disclosure of an informer's identity.

   (2) Commission personnel may not be questioned by deposition for the
   purposes of discovery except on special order of the Commission, but
   may be questioned by written interrogatories under § 1.323.
   Interrogatories shall be served on the appropriate Bureau Chief (see
   § 1.21(b)). They will be answered and signed by those personnel with
   knowledge of the facts. The answers will be served by the Secretary of
   the Commission upon parties to the proceeding.

   (3) Commission records are not subject to discovery under § 1.325. The
   inspection of Commission records is governed by the Freedom of
   Information Act, as amended, and by § § 0.451 through 0.467 of this
   chapter. Commission employees may be questioned by written
   interrogatories regarding the existence, nature, description, custody,
   condition and location of Commission records, but may not be questioned
   concerning their contents unless the records are available (or are made
   available) for inspection under § § 0.451 through 0.467. See § 0.451(b)(5)
   of this chapter.

   (4) Subject to paragraphs (b) (1) through (3) of this section,
   Commission personnel may be questioned generally by written
   interrogatories regarding the existence, description, nature, custody,
   condition and location of relevant documents and things and regarding
   the identity and location of persons having knowledge of relevant
   facts, and may otherwise only be examined regarding facts of the case
   as to which they have direct personal knowledge.

   (c) Schedule for use of the procedures. (1) Except as provided by
   special order of the presiding officer, discovery may be initiated
   after the initial conference provided for in § 1.248(b) of this part.

   (2) In all proceedings, the presiding officer may at any time order the
   parties or their attorneys to appear at a conference to consider the
   proper use of these procedures, the time to be allowed for such use,
   and/or to hear argument and render a ruling on disputes that arise
   under these rules.

   (d) Stipulations regarding the taking of depositions. If all of the
   parties so stipulate in writing and if there is no interference to the
   conduct of the proceeding, depositions may be taken before any person,
   at any time (subject to the limitation below) or place, upon any notice
   and in any manner, and when so taken may be used like other
   depositions. A copy of the stipulation shall be filed using the
   Commission's Electronic Comment Filing System, and a copy of the
   stipulation shall be served on the presiding officer or case manager at
   least 3 days before the scheduled taking of the deposition.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  40 FR 39509 , Aug. 28, 1975;  47 FR 51873 , Nov. 18, 1982;  56 FR 794 , Jan. 9, 1991;  62 FR 4171 , Jan. 29,
   1997;  85 FR 63180 , Oct. 6, 2020]