Goto Section: 1.729 | 1.731 | Table of Contents
Revised as of December 6, 2018
Goto Year:2018 |
§ 1.730 Discovery.
(a) A complainant may file with the Commission and serve on a
defendant, concurrently with its complaint, up to 10 written
interrogatories. A defendant may file with the Commission and serve on
a complainant, concurrently with its answer, up to 10 written
interrogatories. A complainant may file with the Commission and serve
on a defendant, concurrently with its reply, up to five additional
written interrogatories. Subparts of any interrogatory will be counted
as separate interrogatories for purposes of compliance with this limit.
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. 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 proceeding.
(b) Interrogatories filed and served pursuant to paragraph (a) of this
section shall contain 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) Unless otherwise directed by the Commission, within seven calendar
days, a responding party shall file with the Commission and serve on
the propounding party any opposition and objections to interrogatories.
The grounds for objecting to an interrogatory must be stated with
specificity. Unless otherwise directed by the Commission, any
interrogatories to which no opposition or objection is raised shall be
answered within 20 calendar days.
(d) Commission staff shall rule in writing on the scope of, and
schedule for answering, any disputed interrogatories based upon the
justification for the interrogatories properly filed and served
pursuant to paragraph (a) of this section, and any objections or
oppositions thereto, properly filed and served pursuant to paragraph
(c) of this section.
(e) Interrogatories shall 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, and
the attorney who objects must sign any objections. The answers shall be
filed with the Commission and served on the propounding party.
(f) The Commission, in its discretion, may allow additional discovery,
including, but not limited to, document production and/or depositions,
and it may modify the scope, means and scheduling of discovery in light
of the needs of a particular case and the requirements of applicable
(g) The Commission may, in its discretion, require parties to provide
documents to the Commission in a scanned or other electronic format
(1) Indexes the documents by useful identifying information; and
(2) Allows staff to annotate the index so as to make the format an
efficient means of reviewing the documents.
(h) A propounding party asserting that a responding party has provided
an inadequate or insufficient response to a 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 § 1.729.
[ 83 FR 44832 , Sept. 4, 2018]
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Goto Section: 1.729 | 1.731
Goto Year: 2018 |
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