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

5 CFR 1201.74: Orders for discovery.

Read at publisher ↗
Where this section sits in the code
  1. Title 5—Administrative Personnel
  2. CHAPTER II—MERIT SYSTEMS PROTECTION BOARD
  3. SUBCHAPTER A—ORGANIZATION AND PROCEDURES
  4. PART 1201—PRACTICES AND PROCEDURES
  5. Subpart B—Procedures for Appellate Cases

(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.

Collected 2026-08-27T02:23:53Z. Source file · JSON

Browse this collection