49 C.F.R. § 835.4

Use of reports

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(a) As a testimonial aid and to refresh their memories, Board employees may use copies of the factual accident report they prepared, and may refer to and cite from that report during testimony.

(b) Consistent with section 701(e) of the FA Act and section 304(c) of the Safety Act, a Board employee may not use the Board's accident report for any purpose during his testimony.

[55 FR 41541, Oct. 12, 1990, as amended at 63 FR 71607, Dec. 29, 1998]
Notes of Decisions
Cited in 4 cases, 1990–2016 · leading case: United States v. Pac. Gas & Elec. Co., 178 F. Supp. 3d 927 (N.D. Cal. 2016).
United States v. Pac. Gas & Elec. Co., 178 F. Supp. 3d 927 (N.D. Cal. 2016). “See 49 C.F.R. § 835.4 (b) (“Consistent with section 701(e) of the FA Act and section 304(c) of the Safety Act, a Board employee may not use the Board’s accident report for any purpose during his testimony.”
Thomas Brooks Chartered, a Prof'l Corp. v. James Burnett, Norman Wiemeyer, & the Nat'l Transp. Saf. Bd., 920 F.2d 634 (10th Cir. 1990). “49 C.F.R. § 835.4 . See, e.g., Keen v. Detroit Diesel Allison, 569 F.”
In Re Air Crash Disaster at Sioux City, Iowa, 780 F. Supp. 1207 (N.D. Ill. 1991). · cites it 3× “41541 (1990) (to be codified at 49 C.F.R. 835.4 (1991)). The current regulations further prohibit investigators from testifying in court, and instead limit NTSB employee testimony to deposition form.”
Laura Coffey v. Cherokee Aviation, Inc. (Tenn. Ct. App. 1995). · cites it 3× “See 49 C.F.R. § 835.4 (a) (2000). While testifying, the employee may refer to and cite from the factual accident report.”
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