Ask X3What does 49 CFR 386.42 (Written interrogatories to parties) require?
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Based on 49 CFR 386.42, written interrogatories are subject to the following practical requirements for your motor-carrier business:
* Serving Interrogatories: Any party may serve written interrogatories on another party without needing prior leave. If the receiving party is a corporation, partnership, association, or agency, an officer or agent must answer using all available information.
* Quantity Limit: You cannot serve more than 30 interrogatories total (including all subparts), unless the Agency Decisionmaker or Administrative Law Judge grants permission for a larger number based on a motion and a showing of good cause.
* Answering and Objecting: Each interrogatory must be answered separately and fully in writing under oath. If you object to an interrogatory, you must state the grounds for the objection, and it must be signed by you or your legal counsel.
* Deadlines: You must serve your answers and any objections within 30 days after the interrogatories are served, unless the Agency Decisionmaker or Administrative Law Judge allows a shorter or longer timeframe.
* Service and Notices: You must serve a notice of discovery on the Agency Decisionmaker (or the Administrative Law Judge if the case has been referred to the Office of Hearings). Additionally, you must send a copy of the interrogatories, answers, and all related pleadings to all parties involved in the proceeding.
* Opinions and Contentions: An otherwise proper interrogatory is not objectionable simply because it asks for an opinion or contention relating to a fact or the application of law to fact. However, the Agency Decisionmaker or Administrative Law Judge may order that you do not have to answer that specific question until a later time, such as after designated discovery is complete or at a prehearing conference.