49 C.F.R. § 835.6

Request for testimony in civil litigation

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(a) A written request for testimony by deposition or interrogatories of a Board employee relating to an accident shall be addressed to the General Counsel, who may approve or deny the request consistent with this part. Such request shall set forth the title of the civil case, the court, the type of accident (aviation, railroad, etc.), the date and place of the accident, the reasons for desiring the testimony, and a showing that the information desired is not reasonably available from other sources.

(b) Where testimony is sought in connection with civil litigation, the General Counsel shall not approve it until the factual accident report is issued (i.e., in the public docket). In the case of major accident investigations where there are multiple factual reports issued and testimony of group chairmen is sought, the General Counsel may approve depositions regarding completed group factual reports at any time after incorporation of the report in the public docket. However, no deposition will be approved prior to the Board's public hearing, where one is scheduled or contemplated. The General Counsel may approve a deposition in the absence of a factual accident report when such a report will not be issued but all staff fact-finding is complete.

(c) The General Counsel shall attach to the approval of any deposition such reasonable conditions as may be deemed appropriate in order that the testimony will be consistent with § 835.1, will be limited to the matters delineated in § 835.3, will not interfere with the performance of the duties of the employee as set forth in § 835.5, and will otherwise conform to the policies of this part.

(d) A subpoena shall not be served upon a Board employee in connection with the taking of a deposition in civil litigation.

[63 FR 71607, Dec. 29, 1998]

Notes of Decisions

Cited in 2 cases, 1986–2020 · leading case: Swett v. Schenk, 792 F.2d 1447 (9th Cir. 1986).

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Swett v. Schenk, 792 F.2d 1447 (9th Cir. 1986). · cites it 3× “Appellant sought to depose the NTSB investigator who conducted the investigation of the crash, one Llórente, by gaining the permission of the NTSB as provided in 49 C.F.R. § 835.6 (a). At the deposition, appellant asked Llórente to repeat certain conversations that took place,…”

Specter v. Rainbow King Lodge, Inc. (D. Alaska 2020). “78 See 49 C.F.R. § 835.6 (Request for Testimony in Civil Litigation); see also Breaux v.”

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