FCC 1.316 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.316 Depositions upon written interrogatories—notice and preliminary
(a) Service of interrogatories; notice. A party to the hearing
proceeding desiring to take the deposition of any person upon written
interrogatories shall serve the interrogatories upon every other party
and shall give a minimum of 35 days notice in writing to every other
party and to the person to be examined. An original and three copies of
the interrogatories and the notice (and of all related pleadings) shall
be filed with the Secretary of the Commission. A copy of the
interrogatories and the notice (and of all related pleadings) shall be
served on the presiding officer. The notice shall contain the following
(1) The name and address of each person to be examined, if known, and
if the name is not known, a general description sufficient to identify
him or the particular class or group to which he belongs.
(2) The time and place for taking the deposition of each person to be
examined, and the name or descriptive title and address of the officer
before whom the deposition is to be taken.
(3) The matters upon which each person will be examined. See § 1.319.
(b) Additional interrogatories. Within 7 days after the filing and
service of the original interrogatories, any other party to the
proceeding may, in the same manner, file and serve additional
interrogatories to be asked of the same witness at the same time and
place, with notice to the witness of any additional matters upon which
he will be examined.
(c) Cross interrogatories. Within 14 days after the filing and service
of the original interrogatories, any party to the proceeding may, in
the same manner, file and serve cross interrogatories, which shall be
limited to matters raised in the original or in the additional
(d) Responsive pleadings. (1) Within 21 days after service of the
original interrogatories, any party to the proceeding may move to limit
or suppress any original, additional or cross interrogatory, and the
person to be examined may file a motion opposing the taking of
depositions. See § 1.319(a).
(2) Within 28 days after service of the original interrogatories, a
response to a motion to limit or suppress any interrogatory or to a
motion opposing the taking of depositions may be filed by any party to
(3) Additional pleadings should not be filed and will not be
(e) Protective order. On a motion to limit or suppress or an opposition
motion filed under paragraph (d) of this section, or on his own motion,
the presiding officer may issue a protective order. See § 1.313. A
protective order issued by the presiding officer on his own motion may
be issued at any time prior to the date specified in the notice for the
taking of depositions.
(f) Authority to take depositions. (1) If an opposition motion is not
filed within 21 days after service of the notice to take depositions,
and if the presiding officer does not on his own motion issue a
protective order prior to the time specified in the notice for the
taking of depositions, the depositions described in the notice may be
taken. An order for the taking of depositions is not required.
(2) If an opposition motion is filed, the depositions described in the
notice shall not be taken until the presiding officer has acted on that
motion. If the presiding officer authorizes the taking of depositions,
he may specify a time, place or officer for taking them different from
that specified in the notice to take depositions.
(3) If the presiding officer issues a protective order, the depositions
described in the notice may be taken (if at all) only in accordance
with the provisions of that order.
Note: The computation of time provisions of § 1.4(g) shall not apply to
interrogatories and pleadings filed under the provisions of this
[ 33 FR 10571 , July 25, 1968]
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