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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
c Service on the agency. A party must serve each discovery request directed to the agency or any agency employee on the agency attorney of record.
d Time for response to discovery requests. Unless otherwise directed by this subpart or agreed by the parties, a party must respond to a request for discovery, including filing objections to a request for discovery, not later than 30
days after service of the request.
e Scope of discovery. Subject to the limits on discovery set forth in paragraph f of this section, a party may discover any matter that is not privileged and that is relevant to any partys claim or defense, including the existence, description, nature, custody, condition, and location of any document or other tangible item and the identity and location of any person having knowledge of discoverable matter. A party may discover facts known, or opinions held, by an expert who any other party expects to call to testify at the hearing. A party has no ground to object to a discovery request on the basis that the information sought would not be admissible at the hearing.
f Limiting discovery. The administrative law judge must limit the frequency and extent of discovery permitted by this section if a party shows that 1 The information requested is cumulative or repetitious;
2 The information requested can be obtained from another less burdensome and more convenient source;
3 The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this section; or 4 The method or scope of discovery requested by the party is unduly burdensome or expensive.
g Confidential orders. A party or person who has received a discovery request for information that is related to a trade secret, confidential or sensitive material, competitive or commercial information, proprietary data, or information on research and development, may file a motion for a confidential order in the FAA Hearing Docket in accordance with 13.210, and must serve a copy of the motion for a confidential order on each party and on the administrative law judge in accordance with 13.211.
1 The party or person making the motion must show that the confidential order is necessary to protect the information from disclosure to the public.
2 If the administrative law judge determines that the requested material
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is not necessary to decide the case, the administrative law judge must preclude any inquiry into the matter by any party.
3 If the administrative law judge determines that the requested material may be disclosed during discovery, the administrative law judge may order that the material may be discovered and disclosed under limited conditions or may be used only under certain terms and conditions.
4 If the administrative law judge determines that the requested material is necessary to decide the case and that a confidential order is warranted, the administrative law judge must provide:
i An opportunity for review of the document by the parties off the record;
ii Procedures for excluding the information from the record; and iii Order that the parties must not disclose the information in any manner and the parties must not use the information in any other proceeding.
h Protective orders. A party or a person who has received a request for discovery may file a motion for protective order in the FAA Hearing Docket and must serve a copy of the motion for protective order on the administrative law judge and each other party. The party or person making the motion must show that the protective order is necessary to protect the party or the person from annoyance, embarrassment, oppression, or undue burden or expense. As part of the protective order, the administrative law judge may:
1 Deny the discovery request;
2 Order that discovery be conducted only on specified terms and conditions, including a designation of the time or place for discovery or a determination of the method of discovery; or 3 Limit the scope of discovery or preclude any inquiry into certain matters during discovery.
i Duty to supplement or amend responses. A party who has responded to a discovery request has a duty to supplement or amend the response, as soon as the information is known, as follows:
1 A party must supplement or amend any response to a question requesting the identity and location of any person having knowledge of discoverable matters.
2 A party must supplement or amend any response to a question requesting the identity of each person who will be called to testify at the hearing as an expert witness and the subject matter and substance of that witnesss testimony.
3 A party must supplement or amend any response that was incorrect when made or any response that was
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correct when made but is no longer correct, accurate, or complete.
j Depositions1 Form. A
deposition must be taken on the record and reduced to writing. The person being deposed must sign the deposition unless the parties agree to waive the requirement of a signature.
2 Administration of oaths. Within the United States, or a territory or possession subject to the jurisdiction of the United States, a party must take a deposition before a person authorized to administer oaths by the laws of the United States or authorized by the law of the place where the examination is held. In foreign countries, a party must take a deposition in any manner allowed by the Federal Rules of Civil Procedure.
3 Notice of deposition. A party must serve a notice of deposition, stating the time and place of the deposition and the name and address of each person to be examined, on the person to be deposed, the administrative law judge, and each party not later than 7 days before the deposition. The notice must be filed in the FAA Hearing Docket simultaneously. A party may serve a notice of deposition less than 7 days before the deposition only with consent of the administrative law judge. The party noticing a deposition must attach a copy of any subpoena duces tecum requesting that materials be produced at the deposition to the notice of deposition.
4 Use of depositions. A party may use any part or all of a deposition at a hearing authorized under this subpart only upon a showing of good cause. The deposition may be used against any party who was present or represented at the deposition or who had reasonable notice of the deposition.
k Interrogatories. A party, the partys attorney, or the partys representative may sign the partys responses to interrogatories. A party must answer each interrogatory separately and completely in writing. If a party objects to an interrogatory, the party must state the objection and the reasons for the objection. An opposing party may use any part or all of a partys responses to interrogatories at a hearing authorized under this subpart to the extent that the response is relevant, material, and not repetitious.
1 A party must not serve more than 30 interrogatories to each other party.
Each subpart of an interrogatory must be counted as a separate interrogatory.
2 A party must file a motion for leave to serve additional interrogatories on a party with the administrative law judge before serving additional interrogatories on a party. The
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