§  1.325   Discovery and production of documents and things for inspection,
copying, or photographing.

   (a) A party to a Commission proceeding may request any other party
   except the Commission to produce and permit inspection and copying or
   photographing, by or on behalf of the requesting party, of any
   designated documents, papers, books, accounts, letters, photographs,
   objects, or tangible things which constitute or contain evidence within
   the scope of the examination permitted by § 1.311(b) of this part and
   which are in his possession, custody, or control or to permit entry
   upon designated land or other property in his possession or control for
   purposes of inspecting, measuring, surveying, or photographing the
   property or any designated object or operation thereon within the scope
   of the examination permitted by § 1.311(b) of this part.

   (1) Such requests need not be filed with the presiding officer, but
   copies of the request shall be served on all other parties to the
   proceeding.

   (2) The party against whom the request was made must, within 10 days,
   comply with the request or object to the request, claiming a privilege
   or raising other proper objections. If the request is not complied with
   in whole or in part, the requesting party may file a motion to compel
   production of documents or access to property with the presiding
   officer. A motion to compel must be accompanied by a copy of the
   original request and the responding party's objection or claim of
   privilege. Motions to compel must be filed within five business days of
   the objection or claim of privilege.

   (3) In resolving any disputes involving the production of documents or
   access to property, the presiding officer may direct that the materials
   objected to be presented to him for in camera inspection.

   (b) Any party seeking the production of Commission records should
   proceed under § 0.460 or § 0.461 of this chapter. See § § 0.451 through
   0.467.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  40 FR 39509 , Aug. 28, 1975;  56 FR 794 , Jan. 9, 1991;  56 FR 25639 , June 5, 1991;  76 FR 70908 , Nov. 16,
   2011]

   

Subpenas

   Authority: Sections 1.331 and 1.333 through 1.340 are issued under sec.
   409, 48 Stat. 1096; 47 U.S.C. 409.