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CFTC Rule 12.31

Sets out the obligations for the production of records and documents which are in the possession, custory or control of a party when these are requested by a party or non-party.

Rule Overview

Jurisdiction: United States

Regulator: CFTC

Topic: Discovery

Overview
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Discovery notice on a party to a proceeding

Any party to a proceeding may serve on any other party a notice to produce documents.

A copy of this notice must be served on all other parties to the proceeding.

All documents requested must be provided within twenty (20) days after the notice having been served.

Discovery notice on a non-party

In order to serve a notice for the production of documents on a non-party to a proceeding any party must file an appropriate motion showing the need for the materials and an file an application for a subpoena.

A notice can only be served on a non-party after an appropriate order and subpoena has been issued.

The documents, or a detailed explanation why they cannot be produced, must be provided within the time frame specified by the subpeona (not exceeding thirty (30) days.

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