Current through October 31, 2024
Section 1201.74 - Orders for discovery(a)Motion for an order compelling discovery. Motions for orders compelling discovery and motions for the appearance of nonparties must be filed with the judge in accordance with § 1201.73(c)(1) and (d)(3) . An administrative judge may deny a motion to compel discovery if a party fails to comply with the requirements of 5 CFR 1201.73(c)(1) and (d)(3) .(b)Content of order. Any order issued will include, where appropriate: (1) A provision that the person to be deposed must be notified of the time and place of the deposition;(2) Any conditions or limits concerning the conduct or scope of the proceedings or the subject matter that may be necessary to prevent undue delay or to protect a party or other individual or entity from undue expense, embarrassment, or oppression;(3) Limits on the time for conducting depositions, answering written interrogatories, or producing documentary evidence; and(4) Other restrictions upon the discovery process that the judge sets.(c)Noncompliance. The judge may impose sanctions under § 1201.43 of this part for failure to comply with an order compelling discovery.54 FR 53504, Dec. 29, 1989, as amended at 73 FR 18151 , Apr. 3, 2008; 78 FR 23458 , Apr. 19, 2013