V. INTERVENTION.

cation.

Permitted by

Size of paper, on application.

margin, etc., used

Any person, partnership, corporation, or association Form of applidesiring to intervene in a contested proceeding shall make application in writing, setting out the grounds on which he or it claims to be interested. The Commission may, by order, permit intervention by counsel or in person to such extent and upon such terms as it shall deem just. Applications to intervene must be on one side of the paper only, on paper not more than 8 inches wide and not more than 11 inches long, and weighing not less than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 1 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 10 inches long, with inside margins not less than 1 inch wide.

VI. CONTINUANCES AND EXTENSIONS OF TIME.

Commission.

Continuances and extensions of time will be granted con discretion of at the discretion of the Commission.

VII. WITNESSES AND SUBPOENAS.

ordinarily oral.

Witnesses shall be examined orally, except that for Examination good and exceptional cause for departing from the general rule the Commission may permit their testimony to be taken by deposition.

witnesses.

Subpoenas requiring the attendance of witnesses from Subpoenas for any place in the United States at any designated place of hearing may be issued by any member of the Commission.

production of

dence.

Subpoenas for the production of documentary evidence Subpoenas for (unless directed to issue by a commissioner upon his own documentary evimotion) will issue only upon application in writing, which must be verified and must specify, as near as may be, the documents desired and the facts to be proved by them.

Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear.

Witness fees and mileage.

VIII. TIME FOR TAKING TESTIMONY.

Examination of

witnesses to pro

ceed

practicable.

sel.

Upon the joining of issue in a proceeding by the Comas fast as mission the examination of witnesses therein shall proceed with all reasonable diligence and with the least Notice to coun- practicable delay. Not less than five days' notice shall be given by the Commission to counsel or parties of the time and place of examination of witnesses before the Commission, a commissioner, or an examiner.

To state grounds of objection, etc.

To briefly state nature of order

IX. OBJECTIONS TO EVIDENCE.

Objections to the evidence before the Commission, a commissioner, or an examiner shall, in any proceeding, be in short form, stating the grounds of objections relied upon, and no transcript filed shall include argument or debate.

X. MOTIONS.

A motion in a proceeding by the Commission shall applied for, etc. briefly state the nature of the order applied for, and all affidavits, records, and other papers upon which the same is founded, except such as have been previously filed or served in the same proceeding, shall be filed with such motion and plainly referred to therein.

By single commissioner.

General coun

sel or assistant

ing.

XI. HEARINGS ON INVESTIGATIONS.

When a matter for investigation is referred to a single commissioner for examination or report, such commissioner may conduct or hold conferences or hearings thereon, either alone or with other commissioners who may sit with him, and reasonable notice of the time and place of such hearings shall be given to parties in interest and posted.

The general counsel or one of his assistants, or such to conduct hear other attorney as shall be designated by the Commission, shall attend and conduct such hearings, and such hearings may, in the discretion of the commissioner holding same, be public.

Examiner to take testimony.

XII. HEARINGS BEFORE EXAMINERS.

When issue in the case is set for trial, it shall be referred to an examiner for the taking of testimony. It shall be the duty of the examiner to complete the taking of testimony with all due dispatch, and he shall set the day and hour to which the taking of testimony may from Testimony to time to time be adjourned. The taking of the testimony within 30 days both for the Commission and the respondent shall be completed within 30 days after the beginning of the same

be completed

except for good

cause.

make and serve

and order.

parties.

unless, for good cause shown, the Commission shall extend the time. The examiner shall, within 10 days after the receipt of the stenographic report of the testimony, Examiner to make his report on the facts, and shall forthwith serve proposed findings copy of the same on the parties or their attorneys, who, within 10 days after the receipt of same, shall file in writing their exceptions, if any, and said exceptions shall Exceptions by specify the particular part or parts of the report to which exception is made, and said exceptions shall include any additional facts which either party may think proper. Seven copies of exceptions shall be filed for the use of the Commission. Citations to the record shall be made in support of such exceptions. Where briefs are filed, the Briefs and argusame shall contain a copy of such exceptions. Argument tions. on the exceptions, if exceptions be filed, shall be had at the final argument on the merits.

When, in the opinion of the trial examiner engaged in taking testimony in any formal proceeding, the size of the transcript or complication or importance of the issues involved warrants it, he may of his own motion or at the request of counsel at the close of the taking of testimony announce to the attorneys for the respondent and for the Commission that the examiner will receive at any time before he has completed the drawing of the "Trial Examiner's Report upon the Facts" a statement in writing (one for either side) in terse outline setting forth the contentions of each as to the facts proved in the proceeding.

These statements are not to be exchanged between counsel and are not to be argued before the trial examiner.

ment on excep

Examiner uncumstances to re

der certain cir

ceive from each

side statement of ter testimony and

its contentions af

before his report.

ance for submis

Any tentative draft of finding or findings submitted by Time alloweither side shall be submitted within 10 days after the sion of tentative closing of the taking of testimony and not later, which time shall not be extended.

XIII. DEPOSITIONS IN CONTESTED PROCEEDINGS.

findings.

may order.

The Commission may order testimony to be taken by Commission deposition in a contested proceeding.

Before any per

son designated.

depositions.

Depositions may be taken before any person designated by the Commission and having power to administer oaths. Any party desiring to take the deposition of a witness, Applications for shall make application in writing, setting out the reasons why such deposition should be taken, and stating the time when, the place where, and the name and post-office address of the person before whom it is desired the depo

Testimony of witness.

forwarded.

sition be taken, the name and post-office address of the witness, and the subject matter or matters concerning which the witness is expected to testify. If good cause be shown, the Commission will make and serve upon the parties, or their attorneys, an order wherein the Commission shall name the witness whose deposition is to be taken and specify the time when, the place where, and the person before whom the witness is to testify, but such time and place, and the person before whom the deposition is to be taken, so specified in the Commission's order, may or may not be. the same as those named in said application to the Commission.

The testimony of the witness shall be reduced to writing by the officer before whom the deposition is taken, or under his direction, after which the deposition shall be subscribed by the witness and certified in usual form Deposition to be by the officer. After the deposition has been so certified it shall, together with a copy thereof made by such officer or under his direction, be forwarded by such officer under seal in an envelope addressed to the Commission at its office in Washington, D. C. Upon receipt of the deposiAnd filed. Copy tion and copy the Commission shall file in the record in said proceeding such deposition and forward the copy to the defendant or the defendant's attorney.

to defendant or his attorney.

Size of paper, etc.

Notice.

to time.

Such depositions shall be typewritten on one side only of the paper, which shall be not more than 8 inches wide and not more than 11 inches long and weighing not less than 16 pounds to the ream, folio base, 17 by 22 inches, with left-hand margin not less than 1 inches wide.

No deposition shall be taken except after at least six days' notice to the parties, and where the deposition is taken in a foreign country such notice shall be at least 15 days.

Limitations as No deposition shall be taken either before the proceeding is at issue, or, unless under special circumstances and for good cause shown, within 10 days prior to the date of the hearing thereof assigned by the Commission, and where the deposition is taken in a foreign country it shall not be taken after 30 days prior to such date of hearing. XIV. DOCUMENTARY EVIDENCE.

Relevant

material matter

and Where relevant and material matter offered in evidence only to be filed. is embraced in a document containing other matter not material or relevant and not intended to be put in evi

dence, such document will not be filed, but a copy only of such relevant and material matter shall be filed.

XV. BRIEFS.

Unless otherwise ordered, briefs may be filed at the Time of filing. close of the testimony in each contested proceeding. If briefs are filed, the exceptions, if any, to the examiner's report must be incorporated in the briefs. The presiding Commissioner or examiner shall fix the time within which briefs shall be filed and service thereof shall be made upon the adverse parties.

Filed with secretary with proof

Applications for

All briefs must be filed with the secretary and be accompanied by proof of service upon the adverse parties. of service. Twenty copies of each brief shall be furnished for the use of the Commission, unless otherwise ordered. Application for extension of time in which to file any extension of time brief shall be by petition in writing, stating the facts upon which the application rests, which must be filed with the Commission at least five days before the time for filing the brief.

Every brief shall contain, in the order here stated(1) A concise abstract or statement of the case.

(2) A brief of the argument, exhibiting a clear statement of the points of fact or law to be discussed, with the reference to the pages of the record and the authorities relied upon in support of each point.

Form of brief.

if more than 10

Every brief of more than 10 pages shall contain on its Requirements top fly leaves a subject index with page references, the pages. subject index to be supplemented by a list of all cases referred to, alphabetically arranged, together with refer

ences to pages where the cases are cited.

paper, etc.

Briefs must be printed in 10 or 12 point type on good size of type, unglazed paper 8 inches by 10 inches, with inside margins not less than 1 inch wide and with double-leaded text and single-leaded citations.

Oral arguments will be had only as ordered by the Oral arguments. Commission.

XVI. ADDRESS OF THE COMMISSION.

Commission,

All communications to the Commission must be ad- Federal Trade dressed to Federal Trade Commission, Washington, D. C., Washington, D.C. unless otherwise specifically directed.