FAR 13.220 : Discovery.
(a)
Initiation of discovery. Any party may initiate discovery described in this section, withoutthe consent or approval of the administrativelawjudge, at any time after a complaint has been .led in the proceedings.
(b)
Methods of discovery. The following methods of discovery are permitted under this section:depositions on oral examination or writtenquestions of anyperson; written interrogatoriesdirectedto aparty;requestsforproduction ofdocuments ortangible items to anyperson; and requestsfor admissionby aparty.Apartyis not required to .le written interrogatories and responses, requests for production of documents or tangible items and responses, and requests for admission and response with the administrativelawjudge orthehearingdocketclerk.Inthe eventof adiscovery dispute, a party shall attach a copy of these documents in support of a motion made under this section.
(c)
Service on the agency. A party shall serve each discovery request directed to the agency or any agency employee on the agency attorney of record.
(d)
Time for response to discovery requests. Unless otherwise directed by this subpart oragreedby theparties, aparty shall respond to a requestfordiscovery,including .ling objections to a request for discovery, not later than 30 days of service of the request.
(e)
Scope of discovery.Subject to thelimits ondiscovery setforthinparagraph(f) of this section, a party may discover any matter that is not privileged and that is relevant to the subject matter of theproceeding.Aparty maydiscoverinformation that relatesto the claim ordefense of anypartyincludingthe existence,description, nature, custody, condition, andlocation of anydocument or other tangibleitem and the identity and location of any person having knowledge of discoverable matter. A party may discover facts known, or opinions held, by an expert who any other partyexpectstocall totestify atthehearing.Apartyhasnoground toobjecttoa discoveryrequestonthebasisthattheinformationsought would notbe admissible at the hearing if the information sought during discovery is reasonably calculated to lead to the discovery of admissible evidence.
(f)
Limiting discovery.The administrativelawjudge shalllimit thefrequency and extent ofdiscoverypermittedby thissectionif aparty showsthat –
(1)
Theinformation requestedis cumulative or repetitious;
(2)
The information requested can be obtained from another less burdensome and more convenient source;
(3)
Theparty requesting theinformationhashad ample opportunity to obtain the information through other discovery methods permitted under this section; or
(4)
The methodor scope ofdiscovery requestedbythepartyis undulyburdensome or expensive.
′
Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
(g)
Con.dential orders.Aparty orperson whohas received adiscovery requestforinfor-mation that is related to a trade secret, con.dential or sensitive material, compe-titive orcommercialinformation,proprietarydata, orinformation on research and development,may.leamotionforacon.dential orderwith theadministrativelaw judge andshall serve a copy of the motion for a con.dential order on each party.
(1)
Theparty orperson making the motion must showthatthe con.dential order is necessary to protect the information from disclosure to the public.
(2)
If the administrativelawjudgedeterminesthat the requested materialis not necessary todecidethe case,the administrativelawjudge shallpreclude any inquiry intothe matterby anyparty.
(3)
If the administrativelawjudge determines that the requested material may be disclosedduringdiscovery,the administrativelawjudge may orderthatthe material may be discovered and disclosed under limited conditions or may be used only under certain terms and conditions.
(4)
If the administrativelawjudgedetermines that the requested materialis ne-cessary to decide the case and that a con.dential order is warranted, the administrativelawjudge shallprovide:
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