background image

71 

Federal Aviation Administration, DOT 

§ 13.220 

(b)  Methods of discovery. The fol-

lowing methods of discovery are per-
mitted under this section: depositions 
on oral examination or written ques-
tions of any person; written interrog-
atories directed to a party; requests for 
production of documents or tangible 
items to any person; and requests for 
admission by a party. A party is not re-
quired to file written interrogatories 
and responses, requests for production 
of documents or tangible items and re-
sponses, and requests for admission and 
response with the administrative law 
judge or the hearing docket clerk. In 
the event of a discovery dispute, a 
party shall attach a copy of these docu-
ments in support of a motion made 
under this section. 

(c)  Service on the agency. A party 

shall serve each discovery request di-
rected to the agency or any agency em-
ployee on the agency attorney of 
record. 

(d)  Time for response to discovery re-

quests.  Unless otherwise directed by 
this subpart or agreed by the parties, a 
party shall respond to a request for dis-
covery, including filing objections to a 
request for discovery, not later than 30 
days of service of the request. 

(e)  Scope of discovery. Subject to the 

limits on discovery set forth in para-
graph (f) of this section, a party may 
discover any matter that is not privi-
leged and that is relevant to the sub-
ject matter of the proceeding. A party 
may discover information that relates 
to the claim or defense of any party in-
cluding the existence, description, na-
ture, custody, condition, and location 
of any document or other tangible item 
and the identity and location of any 
person having knowledge of discover-
able 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 informa-
tion sought would not be admissible at 
the hearing if the information sought 
during discovery is reasonably cal-
culated to lead to the discovery of ad-
missible evidence. 

(f) Limiting discovery. The administra-

tive law judge shall limit the frequency 
and extent of discovery permitted by 
this section if a party shows that— 

(1) The information requested is cu-

mulative or repetitious; 

(2) The information requested can be 

obtained from another less burdensome 
and more convenient source; 

(3) The party requesting the informa-

tion has had ample opportunity to ob-
tain the information through other dis-
covery methods permitted under this 
section; or 

(4) The method or scope of discovery 

requested by the party is unduly bur-
densome or expensive. 

(g) Confidential orders. A party or per-

son who has received a discovery re-
quest for information that is related to 
a trade secret, confidential or sensitive 
material, competitive or commercial 
information, proprietary data, or infor-
mation on research and development, 
may file a motion for a confidential 
order with the administrative law 
judge and shall serve a copy of the mo-
tion for a confidential order on each 
party. 

(1) The party or person making the 

motion must show that the confiden-
tial order is necessary to protect the 
information from disclosure to the pub-
lic. 

(2) If the administrative law judge de-

termines that the requested material is 
not necessary to decide the case, the 
administrative law judge shall preclude 
any inquiry into the matter by any 
party. 

(3) If the administrative law judge de-

termines 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 de-

termines that the requested material is 
necessary to decide the case and that a 
confidential order is warranted, the ad-
ministrative law judge shall provide: 

(i) An opportunity for review of the 

document by the parties off the record; 

(ii) Procedures for excluding the in-

formation from the record; and 

(iii) Order that the parties shall not 

disclose the information in any manner 
and the parties shall not use the infor-
mation in any other proceeding. 

VerDate Sep<11>2014 

11:00 Mar 08, 2018

Jkt 244046

PO 00000

Frm 00081

Fmt 8010

Sfmt 8010

Y:\SGML\244046.XXX

244046

nshattuck on DSK9F9SC42PROD with CFR