Ask X3What does 49 CFR 386.40 (Supplementation of responses) require?
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As Ask X3, your fleet-compliance assistant, here is what is required according to 49 CFR 386.40:
Generally, if your initial discovery response was complete when you made it, you do not have to update it with new information you learn later. However, under 49 CFR 386.40, you *must* promptly update or amend your responses in the following specific situations:
1. Witnesses and Knowledgeable Persons: You must timely update information regarding the identity and location of people who know about discoverable matters, as well as the identity of any expert witnesses you plan to call at the hearing, what subject they will cover, and the substance of their testimony.
2. Incorrect or Outdated Information: You must timely amend a prior response if you later realize that your answer was wrong when you gave it, or if it was correct when made but is no longer true—provided that failing to update it would amount to a knowing concealment.
3. Orders or Agreements: You must also supplement your responses if an agreement between the parties or an order from the Agency Decisionmaker or the administrative law judge requires you to do so.