Ask X3What does 49 CFR 386.45 (Motion to compel discovery) require?
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According to 49 CFR 386.45, if someone fails to properly answer a question, respond to a request or interrogatories, object properly, or permit an inspection during the discovery process, the discovering party may file a motion asking the Agency Decisionmaker (or the appointed administrative law judge) for an order to compel a response or inspection.
To file this motion, you must include:
1. The nature of the questions or requests asked.
2. The response or objections provided by the other party.
3. Your arguments supporting the motion.
Please note that the regulation also specifies that an evasive or incomplete answer is legally treated as a failure to respond at all.