GroundRules
← Search the law
Federal regulations · Through 2026-08-25 · Newer source version available

40 CFR 209.21: Primary discovery (exchange of witness lists and documents).

Read at publisher ↗
Where this section sits in the code
  1. Title 40—Protection of Environment
  2. CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY
  3. SUBCHAPTER G—NOISE ABATEMENT PROGRAMS
  4. PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972
  5. Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act

(a) At a prehearing conference or within some reasonable time set by the administrative law judge prior to the hearing, each party shall make available to the other parties the names of the expert and other witnesses the party expects to call, together with a brief summary of their expected testimony and copies of all documents and exhibits which the party expects to introduce into evidence. Thereafter, witnesses, documents, or exhibits may be added and summaries of expected testimony amended upon motion by a party.

(b) The administrative law judge, may, upon motion by a party or other person, and for good cause shown, by order (1) restrict or defer disclosure by a party of the name of a witness or a narrative summary of the expected testimony of a witness, and (2) prescribe other appropriate measures to protect a witness. Any party affected by any such action shall have an adequate opportunity, once he or she learns the name of a witness and obtains the narrative summary of the witness' expected testimony, to prepare for the presentation of his or her case.

Collected 2026-08-27T02:26:04Z. Source file · JSON

Browse this collection