| The following
Federal Trade Commission Rules of Practice were amended
on September 26, 1996. 61 Federal Register
50430-31, 50640-51 (1996). This version of the amended
rules was prepared by the agency's Office of General
Counsel. Please note that this version is being provided
for your convenience and that it does not constitute the
official text of the agency's rules. §3.36 Applications for subpoenas for
records, or appearances by officials or employees, of
governmental agencies other than the Commission.
- (a) Form. An application
for issuance of a subpoena for the production of
documents, as defined in § 3.34(b), or for the issuance of a subpoena
requiring access to documents or other tangible
things, for the purposes described in § 3.37(a), in the possession, custody, or
control of a governmental agency other than the
Commission or the officials or employees of such
other agency, or for the issuance of a subpoena
requiring the appearance of an official or
employee of another governmental agency, shall be
made in the form of a written motion filed in
accordance with the provisions of § 3.22(a). No application for records pursuant
to §
4.11 of this chapter or
the Freedom of Information Act may be filed with
the Administrative Law Judge.
-
- (b) Content. The motion
shall satisfy the same requirements for a
subpoena under § 3.34 or a
request for production or access under § 3.37, together with a specific showing that:
(1) the material sought is reasonable in scope;
(2) if for purposes of discovery, the material
falls within the limits of discovery under §3.31(b)(1), or, if for an adjudicative hearing,
the material is reasonably relevant; and (3) the
information or material sought cannot reasonably
be obtained by other means.
[43 FR 56867, Dec. 4, 1978]
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