§FMCSR.com
Historical textIn force on Sept. 30, 2011Source: annual CFR editions 2006–2016

§ 386.37 Discovery.

Wording in the annual edition revised as of Oct. 1, 2006, superseded November 17, 2023.

govinfo, 2010 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2010 edition's wording. An amendment that took effect between Oct. 1, 2010 and Sept. 30, 2011 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

(a) Parties may obtain discovery by one or more of the following methods: Depositions upon oral examination or written questions; written interrogatories; request for production of documents or other evidence for inspection and other purposes; physical and mental examinations; and requests for admission.

(b) Discovery may not commence until the matter is pending before the Assistant Administrator or referred to the Office of Hearings.

(c) Except as otherwise provided in these rules, in the Administrative Procedure Act, 5 U.S.C. 551 et seq., or by the Assistant Administrator or Administrative Law Judge, in the absence of specific Agency provisions or regulations, the Federal Rules of Civil Procedure may serve as guidance in administrative adjudications.

[70 FR 28483, May 18, 2005]

Amendment history

6 distinct wordings on file since Oct. 1, 1996
  1. [70 FR 28483, May 18, 2005]
  2. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previousviewing
    [70 FR 28483, May 18, 2005]
  3. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.