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14 CFR Ch. I (1–1–24 Edition)
§ 17.53
§ 17.53
Orders and subpoenas for testi-
mony and document production.
(a) Parties are encouraged to seek co-
operative and voluntary production of
documents and witnesses prior to re-
questing a subpoena or an order under
this section.
(b) Upon request by a party, or on his
or her own initiative, a DRO or Special
Master may, for good cause shown,
order a person to give testimony by
deposition and to produce records. Sec-
tion 46104(c) of Title 49 of the United
States Code governs the conduct of
depositions or document production.
(c) Upon request by a party, or on his
or her own initiative, a DRO or Special
Master may, for good cause shown, sub-
poena witnesses or records related to a
hearing from any place in the United
States to the designated place of a
hearing.
(d) A subpoena or order under this
section may be served by a United
States marshal or deputy marshal, or
by any other person who is not a party
and not less than 18 years of age. Serv-
ice upon a person named therein shall
be made by personally delivering a
copy to that person and tendering the
fees for one day’s attendance and the
mileage provided by 28 U.S.C. 1821 or
other applicable law; however, where
the subpoena is issued on behalf of the
Product Team, money payments need
not be tendered in advance of attend-
ance. The person serving the subpoena
or order shall file a declaration of serv-
ice with the ODRA, executed in the
form required by 28 U.S.C. 1746. The
declaration of service shall be filed
promptly with the ODRA, and before
the date on which the person served
must respond to the subpoena or order.
(e) Upon written motion by the per-
son subpoenaed or ordered under this
section, or by a party, made within ten
(10) business days after service, but in
any event not later than the time spec-
ified in the subpoena or order for com-
pliance, the DRO may—
(1) Rescind or modify the subpoena or
order if it is unreasonable and oppres-
sive or for other good cause shown, or
(2) Require the party on whose behalf
the subpoena or order was issued to ad-
vance the reasonable cost of producing
documentary evidence. Where cir-
cumstances require, the DRO may act
upon such a motion at any time after a
copy has been served upon all parties.
(f) The party that requests the DRO
to issue a subpoena or order under this
section shall be responsible for the pay-
ment of fees and mileage, as required
by 49 U.S.C. 46104(d), for witnesses, offi-
cers who serve the order, and the offi-
cer before whom a deposition is taken.
(g) Subpoenas and orders issued
under this section may be enforced in a
judicial proceeding under 49 U.S.C.
46104(b).
§ 17.55
Standing orders of the ODRA
Director.
The Director may issue such Stand-
ing Orders as necessary for the orderly
conduct of business before the ODRA.
Subpart G—Pre-Disputes
§ 17.57
Dispute resolution process for
Pre-disputes.
(a) All potential disputes arising
under contracts or solicitations with
the FAA may be resolved with the con-
sent of the parties to the dispute under
this subpart.
(b) Pre-disputes shall be filed with
the ODRA pursuant to § 17.59.
(c) The time limitations for the filing
of Protests and Contract Disputes es-
tablished in §§ 17.15(a) and 17.27(c) will
not be extended by efforts to resolve
the dispute under this subpart.
§ 17.59
Filing a Pre-dispute.
(a) A Pre-dispute must be in writing,
affirmatively state that it is a Pre-dis-
pute pursuant to this subpart, and
shall contain:
(1) The party’s name, address, tele-
phone and Fax numbers and the name,
address, telephone and Fax numbers of
the contractor’s legal representative(s)
(if any);
(2) The contract or solicitation num-
ber and the name of the Contracting
Officer;
(3) A chronological statement of the
facts and of the legal grounds for the
party’s positions regarding the dispute
citing to relevant contract or solicita-
tion provisions and documents and at-
taching copies of those provisions and
documents; and
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