49 CFR § 604.38 - Discovery.

---
identifier: "/us/cfr/t49/s604.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 604.38 - Discovery."
title_number: 49
title_name: "Transportation"
section_number: "604.38"
section_name: "Discovery."
chapter_name: "FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "604"
part_name: "CHARTER SERVICE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5323(d); 49 CFR 1.91."
regulatory_source: "73 FR 2345, Jan. 14, 2008, as amended at 90 FR 28213, July 1, 2025, unless otherwise noted."
cfr_part: "604"
---


# 604.38 Discovery.

(a) Permissible forms of discovery shall be within the discretion of the PO.

(b) The PO shall limit the frequency and extent of discovery permitted by this section if a party shows that:

(1) The information requested is cumulative or repetitious;

(2) The information requested may be obtained from another less burdensome and more convenient source;

(3) The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this section; or

(4) The method or scope of discovery requested by the party is unduly burdensome or expensive.