§ 185.134 Witnesses

5 CFR 185.134(a)(a) Except as provided in paragraph (b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation.

5 CFR 185.134(b)(b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to all others parties along with the last known address of such witness, in a manner which allows sufficient time for other parties to subpoena 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 § 185.123(a).

5 CFR 185.134(c)(c) The ALJ shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to—

5 CFR 185.134(c)(1)(1) Make the interrogation and presentation effective for the ascertainment of the truth,

5 CFR 185.134(c)(2)(2) Avoid needless consumption of time, and

5 CFR 185.134(c)(3)(3) Protect witnesses from harassment or undue embarrassment.

5 CFR 185.134(d)(d) The ALJ shall permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.

5 CFR 185.134(e)(e) At the discretion of the ALJ, a witness may be cross-examined on matters relevant to the proceedings without regard to the scope of his or her direct examination. To the extent permitted by the ALJ, cross-examination on matters outside the scope of direct examination shall be conducted in the manner of direct examination and may proceed by leading questions only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.

5 CFR 185.134(f)(f) Upon motion of any party, the ALJ shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of the following:

5 CFR 185.134(f)(1)(1) A party who is an individual;

5 CFR 185.134(f)(2)(2) In the case of a party that is not an individual, an officer or employee of the party designated by the party's representative; or

5 CFR 185.134(f)(3)(3) An individual whose presence is shown by a party to be essential to the presentation of its case, including an individual employed by the Government engaged in assisting the representative for the Government.