DOT 49 CFR PART 837-2010 PRODUCTION OF RECORDS IN LEGAL PROCEEDINGS.pdf

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1、610 49 CFR Ch. VIII (10110 Edition) 835.11 testimony is being considered. When-ever 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 mat

2、ter, either in person or by deposition or interrog-atories, absent advance approval of the General Counsel. The Board discour-ages the serving of a subpoena for tes-timony but, if issued, it should be served on the General Counsel, rather than the employee. (c) If permission to testify by deposi-tio

3、n or in person is granted, testimony shall be limited as set forth in 835.3. Only factual testimony is authorized; no expert or opinion testimony shall be given. 63 FR 71608, Dec. 29, 1998 835.11 Obtaining Board accident re-ports, factual accident reports, and supporting information. It is the respo

4、nsibility of the indi-vidual requesting testimony to obtain desired documents. There are a number of ways to obtain Board accident re-ports, factual accident reports, and ac-companying accident docket files. Our rules at parts 801 and 837 of this chap-ter explain our procedures, as will our web site

5、, at www.ntsb.gov. Or, you may call our Public Inquiries Branch, at (800) 8776799. Documents will not be supplied by witnesses at depositions, nor will copying services be provided by deponents. 63 FR 71608, Dec. 29, 1998 PART 837PRODUCTION OF RECORDS IN LEGAL PROCEEDINGS Sec. 837.1 Purpose and scop

6、e. 837.2 Applicability. 837.3 Published reports, material contained in the public accident investigation dockets, and accident database data. 837.4 Other material. AUTHORITY: 49 U.S.C. 1101 et seq.; 40101 et seq.; 5 U.S.C. 301. SOURCE: 62 FR 27703, May 21, 1997, unless otherwise noted. 837.1 Purpose

7、 and scope. (a) This part sets forth procedures to be followed when requesting material for use in legal proceedings (including administrative proceedings) in which the National Transportation Safety Board (NTSB or Board) is not a party, and procedures to be followed by the employee upon receipt of

8、a subpoena, order, or other demand (collectively re-ferred to here as a demand) by a court or other competent authority or by a private litigant. Material, as used in this part, means any type of physical or documentary evidence, including but not limited to paper documents, electronic media, videot

9、apes, audio-tapes, etc. (b) The purposes of this part are to: (1) Conserve the time of employees for conducting official business; (2) Minimize the possibility of involv-ing the NTSB in controversial issues not related to its mission; (3) Maintain the impartiality of the Board among private litigant

10、s; (4) Avoid spending the time and money of the United States for private purposes; and (5) To protect confidential, sensitive information, and the deliberative proc-esses of the Board. 837.2 Applicability. This part applies to requests to produce material concerning informa-tion acquired in the cou

11、rse of per-forming official duties or because of the employees official status. Specifi-cally, this part applies to requests for: material contained in NTSB files; and any information or material acquired by an employee of the NTSB in the per-formance of official duties or as a re-sult of the employ

12、ees status. Two sets of procedures are here established, de-pendent on the type of material sought. Rules governing requests for employee testimony, as opposed to ma-terial production, can be found at 49 CFR part 835. Document production shall not accompany employee testi-mony, absent compliance wit

13、h this part and General Counsel approval. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00620 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-611 National Transp

14、ortation Safety Board 840.2 837.3 Published reports, material contained in the public accident in-vestigation dockets, and accident database data. (a) Demands for material contained in the NTSBs official public docket files of its accident investigations, or its computerized accident database(s) sha

15、ll be submitted, in writing, to the Public Inquiries Branch. Demands for specific published reports and studies should be submitted to the National Technical Information Service. The Board does not maintain stock of these items. Demands for information col-lected in particular accident investiga-tio

16、ns and made a part of the public docket should be submitted to the Pub-lic Inquiries Branch or, directly, to our contractor. For information regarding the types of documents routinely issued by the Board, see 49 CFR part 801. (b) No subpoena shall be issued to ob-tain materials subject to this para-

17、graph, and any subpoena issued shall be required to be withdrawn prior to release of the requested information. Payment of reproduction fees may be required in advance. 837.4 Other material. (a) Production prohibited unless ap-proved. Except in the case of the mate-rial referenced in 837.3, no emplo

18、yee or former employee of NTSB shall, in response to a demand of a private liti-gant, court, or other authority, produce any material contained in the files of the NTSB (whether or not agen-cy records under 5 U.S.C. 552) or produce any material acquired as part of the performance of the persons offi

19、-cial duties or because of the persons official status, without the prior writ-ten approval of the General Counsel. (b) Procedures to be followed for the production of material under this para-graph. (1) All demands for material shall be submitted to the General Counsel at NTSB headquarters, Wash-in

20、gton, DC 20594. If an employee re-ceives a demand, he shall forward it immediately to the General Counsel. (2) Each demand must contain an af-fidavit by the party seeking the mate-rial or his attorney setting forth the material sought and its relevance to the proceeding, and containing a cer-tificat

21、ion, with support, that the infor-mation is not available from other sources, including Board materials de-scribed in 837.3 and part 801 of this chapter. (3) In the absence of General Counsel approval of a demand, the employee is not authorized to comply with the de-mand. (4) The General Counsel sha

22、ll advise the requester of approval or denial of the demand, and may attach whatever conditions to approval considered ap-propriate or necessary to promote the purposes of this part. The General Counsel may also permit exceptions to any requirement in this part when nec-essary to prevent a miscarria

23、ge of jus-tice, or when the exception is in the best interests of the NSTB and/or the United States. PART 840RULES PERTAINING TO NOTIFICATION OF RAILROAD ACCIDENTS Sec. 840.1 Applicability. 840.2 Definitions. 840.3 Notification of railroad accidents. 840.4 Information to be given in notifica-tion. 8

24、40.5 Inspection, examination and testing of physical evidence. 840.6 Priority of Board investigations. AUTHORITY: Sec. 304(a)(1)(c), Independent Safety Board Act of 1974, as amended (49 U.S.C. 1903). 840.1 Applicability. This part contains the Safety Boards accident notification requirements, and it

25、s authority for inspection, exam-ination, and testing of physical evi-dence, and describes the exercise of the Safety Boards priority accorded to its activities when investigating railroad accidents. 47 FR 49408, Nov. 1, 1982 840.2 Definitions. As used in this part, the following words or phrases ar

26、e defined as follows: (a) Railroad means any system of sur-face transportation of persons or prop-erty over rails. It includes, but is not limited to, line-haul freight and pas-senger-carrying railroads, and rapid VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00621 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-