PART 501—SUBPOENAS, DEPOSITIONS, AND OATHS Authority: Sec. 2, Pub. L. 896, 80th Cong., 62 Stat. 1240, as amended (50 U.S.C. App. 2001); sec. 3, Pub. L. 455, 81st Cong., 64 Stat. 12, as amended (22 U.S.C. 1622). Source: 66 FR 49844, Oct. 1, 2001, unless otherwise noted. § 501.1 Extent of authority. (a) Subpoenas, oaths and affirmations. (b) Certification. § 501.2 Subpoenas. (a) Issuance. (b) Deposit for costs. (c) Motion to quash. (d) Appeal from interlocutory order. (e) Order of court upon failure to comply. § 501.3 Service of process. (a) By whom served. (b) Kinds of service. (c) Personal service. (1) Delivering a copy of the document to the person to be served, to a member of the partnership to be served, to an executive officer or a director of the corporation to be served, or to a person competent to accept service; or (2) By leaving a copy thereof at the residence, principal office or place of business of the person, partnership, or corporation. (3) Proof of service. The return receipt for the order, other process or supporting papers, or the verification by the person serving, setting forth the manner of service, will be proof of the service of the document. (4) Service upon attorney or agent. When any party has appeared by an authorized attorney or agent, service upon the party's attorney or agent will be deemed service upon the party. (d) Service by registered mail or certified mail. (e) Service by overnight express delivery service or by first class mail. (f) Service by telegraph. (g) Service by publication. (h) Date of service. (i) Filing with Commission. § 501.4 Witnesses. (a) Examination of witnesses. (b) Witness fees and mileage. (c) Transcript of testimony. § 501.5 Depositions. (a) Application to take. (2) Application to take a deposition may be made during a hearing or examination, or subsequent to a hearing or examination, only where it is shown for good cause that the facts as set forth in the application to take the deposition were not within the knowledge of the person signing the application prior to the time of the hearing or examination. (3) The Commission or its representative will, upon receipt of the application and a showing of good cause, make and cause to be served upon the parties an order which will specify the name of the witness whose deposition is to be taken, the time, the place, and where practicable the designation of the officer before whom the witness is to testify. The officer may or may not be the one specified in the application. The order will be served upon all parties at least 10 days prior to the date of the taking of the deposition. (b) Who may take. (c) Examination and certification of testimony. (d) Admissibility in evidence. (e) Errors and irregularities. (f) Scope of use. (1) That the witness has died since the deposition was taken; or (2) That the witness is at a distance greater than 100 miles radius of Washington, DC, the designated field office or the designated place of the hearing; or (3) That the witness is unable to attend because of other good cause shown. (g) Interrogatories and cross-interrogatories. (h) Fees. § 501.6 Documentary evidence. Documentary evidence may consist of books, records, correspondence or other documents pertinent to any hearing, examination, or investigation within the jurisdiction of the Commission. The application for the issuance of subpoenas for production of documents must specify the books, records, correspondence or other documents sought. The production of documentary evidence will not be required at any place other than the witness's place of business. The production of such documents will not be required at any place if, prior to the return date specified in the subpoena, the person either has furnished the issuer of the subpoena with a properly certified copy of the documents or has entered into a stipulation as to the information contained in the documents. § 501.7 Time. (a) Computation. (b) Enlargement. (1) With or without motion, notice, or previous order or (2) Upon motion, permit the act to be done after the expiration of the specified period.