21 CFR 1316.58 : Food And Drugs (§ 1.1 To Parts 1403-1499) — (§ 1300.01 To Parts 1403-1499) — Drug Enforcement Administration, Department Of Justice (§ 1300.01 To Parts 1322-1399) — Administrative Functions, Practices, And Procedures (§ 1316.01 To § 1316.68) — Administrative Hearings (§ 1316.41 To § 1316.68) — Summary of testimony; affidavits.

(a) The presiding officer may direct that summaries of the direct testimony of witnesses be prepared in writing and served on all parties in advance of the hearing. Witnesses will not be permitted to read summaries of their testimony into the record and all witnesses shall be available for cross-examination. Each witness shall, before proceeding to testify, be sworn or make affirmation.

(b) Affidavits submitted at the prehearing conference or pursuant to § 1316.57 with good cause may be examined by all parties and opposing affidavits may be submitted to the presiding officer within a period of time fixed by him. Affidavits admitted into evidence shall be considered in light of the lack of opportunity for cross-examination in determining the weight to be attached to statements made therein.