28 CFR §76.29
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Except as provided in paragraph (b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation.
- (b)At the discretion of the Judge and to the extent otherwise permitted by law, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to all other parties, along with the last known address of such witness, in a manner which allows sufficient time for other parties to subpoena, if necessary, such witness for cross-examination at the hearing. Prior written statements of witnesses proposed to testify at the hearing and deposition transcripts shall be exchanged as provided in 28 CFR 76.22.
- (c)The Judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
- (d)The Judge shall permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
- (e)At the discretion of the Judge, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination.
- (f)Upon motion of any party, the Judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This part does not authorize exclusion of the following: