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49 CFR 821.19 - Depositions and other discovery.

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§ 821.19
Depositions and other discovery.
(a) Depositions. After a petition for review or a complaint is filed, any party may take the testimony of any person, including a party, by deposition, upon oral examination or written questions, without seeking prior Board approval. Reasonable notice shall be given in writing to the other parties, stating the name of the witness and the time and place of the taking of the deposition. A copy of any notice of deposition shall be served on the law judge to whom the proceeding has been assigned or, if no law judge has been assigned, on the Case Manager. In other respects, the taking of any deposition shall be in compliance with the provisions of 49 U.S.C. 46104(c).
(b) Exchange of information by the parties. At any time before the hearing, at the request of any party, the parties may exchange information, such as witness lists, exhibit lists, curricula vitae and bibliographies of expert witnesses, and other pertinent data. Any party may also use written interrogatories, requests for admissions and other discovery tools. The requesting party shall set the time for compliance with the request, which shall be reasonable and give due consideration to the closeness of the hearing, especially in emergency proceedings governed by Subpart I. Copies of discovery requests and responses shall be served on the law judge to whom the proceeding has been assigned or, if no law judge has been assigned, on the Case Manager. In the event of a dispute, either the assigned law judge or another law judge delegated this responsibility (if a law judge has not yet been assigned or if the assigned law judge is unavailable) may issue an appropriate order, including an order directing compliance with any ruling previously made with respect to discovery.
(c) Use of the Federal Rules of Civil Procedure. Those portions of the Federal Rules of Civil Procedure that pertain to depositions and discovery may be used as a general guide for discovery practice in proceedings before the Board, where appropriate. The Federal Rules and the case law that construes them shall be considered by the Board and its law judges as instructive, rather than controlling.
(d) Failure to provide or preserve evidence. The failure of any party to comply with a law judge's order compelling discovery, or to cooperate with a timely request for the preservation of evidence, may result in a negative inference against that party with respect to the matter sought and not provided or preserved, a preclusion order, dismissal or other relief deemed appropriate by the law judge.

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-10-16; vol. 77 # 200 - Tuesday, October 16, 2012
    1. 77 FR 63242 - Rules of Practice in Air Safety Proceedings
      GPO FDSys XML | Text
      NATIONAL TRANSPORTATION SAFETY BOARD
      Interim final rule; request for comments.
      This rule is effective October 16, 2012. Comments must be received by December 17, 2012. Comments received after the deadline will be considered to the extent possible.
      49 CFR Part 821

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 49 - TRANSPORTATION

§ 1101 - Definitions

§ 44701 - General requirements

§ 44702 - Issuance of certificates

§ 44703 - Airman certificates

§ 44704 - Type certificates, production certificates, airworthiness certificates, and design organization certificates

§ 44705 - Air carrier operating certificates

§ 44706 - Airport operating certificates

§ 44707 - Examining and rating air agencies

§ 44708 - Inspecting and rating air navigation facilities

§ 44709 - Amendments, modifications, suspensions, and revocations of certificates

§ 44710 - Revocations of airman certificates for controlled substance violations

§ 44711 - Prohibitions and exemption

§ 44712 - Emergency locator transmitters

§ 44713 - Inspection and maintenance

§ 44714 - Aviation fuel standards

§ 44715 - Controlling aircraft noise and sonic boom

§ 44716 - Collision avoidance systems

§ 44717 - Aging aircraft

§ 44718 - Structures interfering with air commerce

§ 44719 - Standards for navigational aids

§ 44720 - Meteorological services

§ 44721 - Aeronautical charts and related products and services

§ 44722 - Aircraft operations in winter conditions

§ 44723 - Annual report

§ 46301 - Civil penalties

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 821 after this date.

  • 2012-10-16; vol. 77 # 200 - Tuesday, October 16, 2012
    1. 77 FR 63242 - Rules of Practice in Air Safety Proceedings
      GPO FDSys XML | Text
      NATIONAL TRANSPORTATION SAFETY BOARD
      Interim final rule; request for comments.
      This rule is effective October 16, 2012. Comments must be received by December 17, 2012. Comments received after the deadline will be considered to the extent possible.
      49 CFR Part 821