[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR835.10]

[Page 195-196]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 835_TESTIMONY OF BOARD EMPLOYEES--Table of Contents
 
Sec.  835.10  Testimony in Federal, State, or local criminal investigations and other proceedings.

    (a) As with civil litigation, the Board prefers that testimony be 
taken by deposition if court rules permit, and that testimony await the 
issuance of the factual accident report. The Board recognizes, however, 
that in the case of

[[Page 196]]

coroner's inquests and grand jury proceedings this may not be possible. 
The Board encourages those seeking testimony of Board employees to 
contact the General Counsel as soon as such testimony is being 
considered. Whenever the intent to seek such testimony is communicated 
to the employee, he shall immediately notify the General Counsel.
    (b) In any case, Board employees are prohibited from testifying in 
any civil, criminal, or other matter, either in person or by deposition 
or interrogatories, absent advance approval of the General Counsel. The 
Board discourages the serving of a subpoena for testimony but, if 
issued, it should be served on the General Counsel, rather than the 
employee.
    (c) If permission to testify by deposition or in person is granted, 
testimony shall be limited as set forth in Sec.  835.3. Only factual 
testimony is authorized; no expert or opinion testimony shall be given.

[63 FR 71608, Dec. 29, 1998]