FCC 1.325 Revised as of October 1, 2014
Goto Year:2013 |
§ 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
(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
[ 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,
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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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