# 16 C.F.R. § 3.39 (2026): Orders requiring witnesses to testify or provide other information and granting immunity > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_39 ## Section - **Citation:** 16 C.F.R. § 3.39 (2026) - **Heading:** Orders requiring witnesses to testify or provide other information and granting immunity - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 16 CFR: Commercial Practices / Chapter I: FEDERAL TRADE COMMISSION / Part 3: RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS / Subpart D: Discovery › Compulsory Process / § 3.39: § 3.39 Orders requiring witnesses to testify or provide other information and granting immunity. ## Text (a) Where Commission complaint counsel desire the issuance of an order requiring a witness or deponent to testify or provide other information and granting immunity under 18 U.S.C. 6002, Directors and Assistant Directors of Bureaus and Regional Directors and Assistant Regional Directors of Commission Regional Offices who supervise complaint counsel responsible for presenting evidence in support of the complaint are authorized to determine: (1) That the testimony or other information sought from a witness or deponent, or prospective witness or deponent, may be necessary to the public interest, and (2) That such individual has refused or is likely to refuse to testify or provide such information on the basis of his or her privilege against self-incrimination; and to request, through the Commission's liaison officer, approval by the Attorney General for the issuance of such order. Upon receipt of approval by the Attorney General (or his or her designee), the Administrative Law Judge is authorized to issue an order requiring the witness or deponent to testify or provide other information and granting immunity when the witness or deponent has invoked his or her privilege against self-incrimination and it cannot be determined that such privilege was improperly invoked. (b) Requests by counsel other than Commission complaint counsel for an order requiring a witness to testify or provide other information and granting immunity under 18 U.S.C. 6002 may be made to the Administrative Law Judge and may be made ex parte. When such requests are made, the Administrative Law Judge is authorized to determine: (1) That the testimony or other information sought from a witness or deponent, or prospective witness or deponent, may be necessary to the public interest, and s to testify or provide other information and granting immunity under 18 U.S.C. 6002 may be made to the Administrative Law Judge and may be made ex parte. When such requests are made, the Administrative Law Judge is authorized to determine: (1) That the testimony or other information sought from a witness or deponent, or prospective witness or deponent, may be necessary to the public interest, and (2) That such individual has refused or is likely to refuse to testify or provide such information on the basis of his or her privilege against self-incrimination; and, upon making such determinations, to request, through the Commission's liaison officer, approval by the Attorney General for the issuance of an order requiring a witness to testify or provide other information and granting immunity; and, after the Attorney General (or his or her designee) has granted such approval, to issue such order when the witness or deponent has invoked his or her privilege against self-incrimination and it cannot be determined that such privilege was improperly invoked. (18 U.S.C. 6002, 6004) [74 FR 1830, Jan. 13, 2009] ## Nearby sections - [16 C.F.R. § 3.31 (2026) § 3.31 General discovery provisions.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_31.md) - [16 C.F.R. § 3.31A (2026) § 3.31A Expert discovery.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_31A.md) - [16 C.F.R. § 3.32 (2026) § 3.32 Admissions.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_32.md) - [16 C.F.R. § 3.33 (2026) § 3.33 Depositions.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_33.md) - [16 C.F.R. § 3.34 (2026) § 3.34 Subpoenas.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_34.md) - [16 C.F.R. § 3.35 (2026) § 3.35 Interrogatories to parties.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_35.md) - [16 C.F.R. § 3.36 (2026) § 3.36 Applications for subpoenas for records of or appearances by certain officials or employees of the Commission or officials or employees of governmental agencies other than the Commission, and subpoenas to be served in a foreign country.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_36.md) - [16 C.F.R. § 3.37 (2026) § 3.37 Production of documents, electronically stored information, and any tangible things; access for inspection and other purposes.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_37.md) - [16 C.F.R. § 3.38 (2026) § 3.38 Motion for order compelling disclosure or discovery; sanctions.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_38.md) - [16 C.F.R. § 3.38A (2026) § 3.38A Withholding requested material.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_38A.md) - [16 C.F.R. § 3.39 (2026) § 3.39 Orders requiring witnesses to testify or provide other information and granting immunity.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_39.md) - [16 C.F.R. § 3.40 (2026) § 3.40 Admissibility of evidence in advertising substantiation cases.](https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_40.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T16_P3_S3_39. Check the current official text before relying on it. Not legal advice.