Goto Section: 14.46 | 14.48 | Table of Contents
FCC 14.47
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 14.47 Discovery.
(a) A complainant may file with the Commission and serve on a defendant,
concurrently with its complaint, a request for up to ten written
interrogatories. A defendant may file with the Commission and serve on a
complainant, during the period starting with the service of the complaint
and ending with the service of its answer, a request for up to ten written
interrogatories. A complainant may file with the Commission and serve on a
defendant, within three calendar days of service of the defendant's answer,
a request for up to five written interrogatories. Subparts of any
interrogatory will be counted as separate interrogatories for purposes of
compliance with this limit. Requests for interrogatories filed and served
pursuant to this procedure may be used to seek discovery of any
non-privileged matter that is relevant to the material facts in dispute in
the pending proceeding, provided, however, that requests for interrogatories
filed and served by a complainant after service of the defendant's answer
shall be limited in scope to specific factual allegations made by the
defendant in support of its affirmative defenses. This procedure may not be
employed for the purpose of delay, harassment or obtaining information that
is beyond the scope of permissible inquiry related to the material facts in
dispute in the pending proceeding.
(b) Requests for interrogatories filed and served pursuant to paragraph (a)
of this section shall contain a listing of the interrogatories requested and
an explanation of why the information sought in each interrogatory is both
necessary to the resolution of the dispute and not available from any other
source.
(c) A responding party shall file with the Commission and serve on the
propounding party any opposition and objections to the requests for
interrogatories as follows:
(1) By the defendant, within ten calendar days of service of the requests
for interrogatories served simultaneously with the complaint and within five
calendar days of the requests for interrogatories served following service
of the answer;
(2) By the complainant, within five calendar days of service of the requests
for interrogatories; and
(3) In no event less than three calendar days prior to the initial status
conference as provided for in § 14.50(a) of this subpart.
(d) Commission staff will consider the requests for interrogatories,
properly filed and served pursuant to paragraph (a) of this section, along
with any objections or oppositions thereto, properly filed and served
pursuant to paragraph (b) of this section, at the initial status conference,
as provided for in § 14.50(a)(5) of this subpart, and at that time determine
the interrogatories, if any, to which parties shall respond, and set the
schedule of such response.
(e) The interrogatories ordered to be answered pursuant to paragraph (d) of
this section are to be answered separately and fully in writing under oath
or affirmation by the party served, or if such party is a public or private
corporation or partnership or association, by any officer or agent who shall
furnish such information as is available to the party. The answers shall be
signed by the person making them. The answers shall be filed with the
Commission and served on the propounding party.
(f) A propounding party asserting that a responding party has provided an
inadequate or insufficient response to a Commission-ordered discovery
request may file a motion to compel within ten days of the service of such
response, or as otherwise directed by Commission staff, pursuant to the
requirements of § 14.45 of this subpart.
(g) The Commission may, in its discretion, require parties to provide
documents to the Commission in a scanned or other electronic format that
provides:
(1) Indexing by useful identifying information about the documents; and
(2) Technology that allows staff to annotate the index so as to make the
format an efficient means of reviewing the documents.
(h) The Commission may allow additional discovery, including, but not
limited to, document production, depositions and/or additional
interrogatories. In its discretion, the Commission may modify the scope,
means and scheduling of discovery in light of the needs of a particular case
and the requirements of applicable statutory deadlines.
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Goto Section: 14.46 | 14.48
Goto Year: 2014 |
2016
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