What does 49 CFR 386.38 (Scope of discovery) require?

Based on 49 CFR 386.38, parties involved in a proceeding may obtain discovery regarding any non-privileged matter that is relevant to the subject matter of the case. Practically, this includes:

* Finding out about the existence, description, nature, custody, condition, and location of books, documents, or other tangible things.

* Identifying the identity and location of people who have knowledge about discoverable matters.

Additionally, the rules state that:

* It is not a valid objection to refuse to share information just because it won't be admissible at the hearing, as long as the information appears reasonably calculated to lead to the discovery of admissible evidence.

* If you want to obtain documents and tangible things prepared in anticipation of the hearing by the opposing party's representative (such as an attorney, consultant, insurer, or agent), you must show that you have a "substantial need" for the materials to prepare your case and that you cannot obtain their substantial equivalent by other means without undue hardship. When such materials are ordered to be disclosed, the Agency Decisionmaker or administrative law judge will protect against the disclosure of the mental impressions, conclusions, opinions, or legal theories of that representative.

These discovery limits may otherwise be restricted by an order of the Agency Decisionmaker or the administrative law judge, in accordance with the rules outlined in 49 CFR 386.38.