Consumer Law Library

Motions to Quash Compulsory Process

Agency
Federal Trade Commission
Date
Citation
43 FR 56864
Type
Rules And Regulations
Pages
1
PDF
Original document (PDF)

Cut out of a daily Federal Register issue by software; the start and end may include neighboring text. The PDF excerpt shows the original pages.

[6750-01-M] MOTIONS TO QUASH COMPULSORY PROCESS AGENCY: Federal Trade Commission. ACTION: Final rule.

SUMMARY: Section 1.13(d)(6), 2.7(b), 2.11(b), and 2.12(d) are amended to provide that objections to Commission demands for information should set forth all claims of privilege or other objections including all supporting documentation. A parallel technical amendment is made to §4.9(b)(22). These amendments codify require­ ments Under existing Commission practices.

EFFECTIVE DATE:

December 4, 1978.

FOR FURTHER INFORMATION CONTACT:

Jerold D. Cummins, Deputy Assist­ ant General Counsel, Office of Gen­ eral Counsel, Federal Trade Com­ mission, 6th Street and Pennsylva­ nia Avenue NW., Washington, D.C. 20580,(202)523-1928.

In consideration of the foregoing, 16 CFR Chapter I is amended as follows: PART I— GENERAL PROCEDURES § 1.13 [Amended] (1) Add to § 1.13(d)(6) just before the next to the last full sentence. * * * * * (d) * * * (6) * * * Such motion shall set forth all assertions of privilege or other fac­ tual and legal objection to the ruling, including all appropriate argument, af­ fidavits and other supporting docu­ mentation. * * * PART 2— NONADJUDICATIVE PROCEDURES § 2.7 [Amended] (2) Add to § 2.7(b) after the first sen­ tence:

* * * * * (b) * * * Such motion shall set forth all assertions of privilege or other fac­ tual and legal objections to the sub­ pena, including all appropriate argu­ ment, affidavits and other supporting documentation. * * * §2.11 [Amended] (3) Add to § 2.11(b) after the first sentence:

* * * * * (b) * * * Such motion shall set forth all assertions of privilege or other fac­ tual and legal objections to the order requiring access, including all appro­ priate argument, affidavits and other supporting documentation. * * * § 2.12 [Amende.d] (4) Add to § 2.12(d) after the first sentence:

* * * * * (d) * * * Such motion shall set forth all assertions of privilege or other fac­ tual and legal objection to the order requiring a report or answer to specific questions, including all appropriate ar­ gument, affidavits and other support­ ing documentation. * * * PART 4— MISCELLANEOUS RULES § 4.9 [Amended] (5) Revise §4.9(b)(22) to read in its entirety:

* * * * * (b) * * * (22) Motions to limit or quash compulsory process, and the rulings thereon, except for informa­ tion exempt from disclosure under § 4.10(a)(2) or § 4.10(a)(7) of this chap­ ter.

By direction of the Commission dated November 9, 1978. Carol M. Thomas, Secretary.

[FR Doc. 78-33773 Filed 12-1-78; 8:45 am]