Current through September 30, 2024
Section 1174.20 - Discovery motions(a) Any party seeking discovery may file a motion with the ALJ together with a copy of the requested discovery, or in the case of depositions, a summary of the scope of the proposed deposition.(b) Within ten days of service, a party may file an opposition to the motion and/or a motion for protective order as provided in § 1174.24 .(c) The ALJ may grant a motion for discovery only if he or she finds that the discovery sought- (1) Is necessary for the expeditious, fair, and reasonable consideration of the issues;(2) Is not unduly costly or burdensome;(3) Will not unduly delay the proceeding; and(4) Does not seek privileged information.(d) The burden of showing that the ALJ should allow discovery is on the party seeking discovery.(e) The ALJ may grant discovery subject to a protective order under § 1174.24 .