Guidance
| Item | Reference |
|---|---|
| 1. You must request testimony (do not demand) at least 30 days before it is to be taken or received | 49 C.F.R. § 9.15 (a) |
| 2. You must submit request to agency counsel and include: | 49 C.F.R. § 9.15 (a)(1) |
a. Title of the case, docket number, and the court, or otherwise clearly identify the legal proceeding involved | 49 C.F.R. § 9.15 (a)(2) |
b. Statement of the basic facts in the case | 49 C.F.R. § 9.15 (a)(3) |
c. Summary of the unresolved issues | 49 C.F.R. § 9.15 (a)(4) |
d. Summary of the testimony sought and its relevance | 49 C.F.R. § 9.15 (a)(5) |
e. Certification with support, that you can not easily obtain the information from other sources | 49 C.F.R. § 9.15 (a)(6) |
f. Affidavit or certification describing the extent of your search for parties or potential parties as well as a list of the names of parties or potential parties notified | 49 C.F.R. § 9.15 (a)(7) |
g. Statement that you will not seek expert or opinion testimony from the witness | 49 C.F.R. § 9.15 (a)(7) |
h. Statement that you will not seek the testimony of the witness at a hearing or trial in the proceeding | 49 C.F.R. § 9.15 (a)(7) |
| 3. You must specify the form of testimony you are seeking (deposition, affidavit, declaration, or answers to interrogatories) and the date you need it | |
a. If approved, the form of testimony that is least burdensome to the Department will be provided | |
| 4. You must include a copy of any prior request(s) to the Department or other agency for records on the same matter being litigated and any responses (do not include the actual records) | 49 C.F.R. § 9.15 (b) |
| 5. The agency will notify you regarding the outcome | 49 C.F.R. § 9.15© |
a. There may be special conditions to the approval |