§FMCSR.com
Current textSource: eCFR

§ 386.37 Discovery.

Current wording, effective November 17, 2023.

eCFR (current) ↗
What changedOct. 1, 2005 wording → Nov. 17, 2023 wording (current)+74 added−69 removedHide

Link(a) to an amendment published at 70 FR 28483, May 18, 2005.
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.
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[70 FR 28483, May 18, 2005]

49 CFR § 386.37 — Discovery.. Text current through October 22, 2026. This wording effective November 17, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-386.37. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.37, on October 26, 2026. Unofficial compilation; verify against the official source.

(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 Agency Decisionmaker 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 Agency Decisionmaker 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. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [70 FR 28483, May 18, 2005]
  2. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previous
    [70 FR 28483, May 18, 2005]
  3. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  4. Oct. 1, 2001 → Oct. 1, 2005annual editions 2001–2004diff vs. previous
  5. Oct. 1, 2000 → Oct. 1, 2001annual edition 2000diff vs. previous
  6. 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. Set a case date in the header to read any earlier wording.