§  1.323   Interrogatories to parties.

   (a) Interrogatories. Any party may serve upon any other party written
   interrogatories to be answered in writing by the party served or, if
   the party served is a public or private corporation or a partnership or
   association, by any officer or agent, who shall furnish such
   information as is available to the party. A copy of the interrogatories
   shall be served upon all parties to the proceeding. An original and
   three copies of the interrogatories, answers, and all related pleadings
   shall be filed with the Secretary of the Commission. A copy of the
   interrogatories, answers and all related pleadings shall be served on
   the presiding officer.

   (1) Except as otherwise provided in a protective order, the number of
   interrogatories or sets of interrogatories is not limited.

   (2) Except as provided in such an order, interrogatories may be served
   after a deposition has been taken, and a deposition may be sought after
   interrogatories have been answered.

   (b) Answers and objections. Each interrogatory shall be answered
   separately and fully in writing under oath or affirmation, unless it is
   objected to, in which event the reasons for objection shall be stated
   in lieu of an answer. The answers shall be signed by the person making
   them, and the objections by the attorney making them. The party upon
   whom the interrogatories were served shall serve a copy of the answers
   and objections upon all parties to the proceeding within 14 days after
   service of the interrogatories, or within such shorter or longer period
   as the presiding officer may allow. Answers may be used in the same
   manner as depositions of a party (see §  1.321(d)).

   (c) Motion to compel an answer. Any party to the proceeding may, within
   7 days, move for an order with respect to any objection or other
   failure to answer an interrogatory. For purposes of this paragraph, an
   evasive or incomplete answer is a failure to answer; and if the motion
   is based on the assertion that the answer is evasive or incomplete, it
   shall contain a statement as to the scope and detail of an answer which
   would be considered responsive and complete. The party upon whom the
   interrogatories were served may file a response within 7 days after the
   motion is filed, to which he may append an answer or an amended answer.
   Additional pleadings should not be submitted and will not be
   considered.

   (d) Action by the presiding officer. If the presiding officer
   determines that an objection is not justified, he shall order that the
   answer be served. If an interrogatory has not been answered, the
   presiding officer may rule that the right to object has been waived and
   may order that an answer be served. If an answer does not comply fully
   with the requirements of this section, the presiding officer may order
   that an amended answer be served, may specify the scope and detail of
   the matters to be covered by the amended answer, and may specify any
   appropriate procedural consequences (including adverse findings of fact
   and dismissal with prejudice) which will follow from the failure to
   make a full and responsive answer. If a full and responsive answer is
   not made, the presiding officer may issue an order invoking any of the
   procedural consequences specified in the order to compel an answer.

   (e) Appeal. As order to compel an answer is not subject to appeal.

   [ 33 FR 10572 , July 25, 1968, as amended at  35 FR 17334 , Nov. 11, 1970]

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