VII. APPEALS TO THE UNITED STATES

COURT OF CLAIMS

Part I-FROM THE INDIAN CLAIMS COMMISSION

RULE 58. THE APPEAL

(a) When and How Taken: When an appeal is permitted by law from the Indian Claims Commission to the Court of Claims the time within which an appeal may be taken shall be 3 months from the date of the filing of the final determination of the Commission with the Clerk of the Commission, except that upon a showing of excusable neglect based upon the failure of a party to learn of the filing of the final determination the Commission may extend the time for appeal not exceeding 30 days from the expiration of the original time herein prescribed. The running of the time for appeal is terminated by a timely motion made pursuant to Rule 33 of the Commission and the full time for appeal fixed in this subsection commences to run and is to be computed from the entry of an order denying a timely motion under that rule or an order granting such a motion which does not alter the final determination.

A party may appeal from a final determination by filing with the Commission a notice of appeal. Failure of the appellant to take any of the further steps to secure review of the final determination appealed from will not affect the validity of the appeal but will be ground only for such remedies as are specified in this rule, or, when no remedy is specified, for such action as the Court of Claims deems appropriate, which may include dismissal of the appeal. If an appeal has not been docketed, the parties, with the approval of the Commission, may dismiss the appeal by stipulation filed with the Commission, or the Commission may dismiss the appeal upon motion and notice by the appellant.

(b) Notice of Appeal: The notice of appeal shall specify the parties taking the appeal and shall designate the final determina

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tion, or part thereof, appealed from, together with a concise statement of the points relied on. The appellant shall file one additional copy for each other party to the proceeding. Notification

of the filing of the notice of appeal shall be given by the Clerk of the Commission by mailing copies thereof to all the parties to the proceeding, other than the party or parties taking the appeal, but his failure so to do will not affect the validity of the appeal. Notification to a party shall be given by mailing a copy of the notice of appeal to his attorney of record or, if the party is not represented by an attorney, then to the party at his last known address, and such notification is sufficient notwithstanding the death of the party or of his attorney prior to the giving of the notification. The Clerk shall note on the docket the names of the parties to whom he mails the copies, with date of mailing.

(c) Docketing and Record on Appeal: The record on appeal as provided for in Rule 59 shall be filed with the Court of Claims and the appeal there docketed within 30 days from the date of filing the notice of appeal, except that when more than one appeal is taken from the same final determination the Commission may prescribe the time for filing and docketing, which in no event shall be less than 30 days from the date of filing the first notice of appeal.

(d) Extension of Time for Docketing: The time for docketing an appeal under this rule may, for good cause shown, be enlarged by the Commission, provided the application for enlargement be made before the time for docketing has expired but the Commission shall not extend the time to a day more than 90 days from the date of the first notice of appeal. Such orders of enlargement shall be filed with the Clerk of this Court.

RULE 59. RECORD ON APPEAL

(a) Transmission, Content, and Disposition: Within the time allowed by Rule 58 (c) and (d), the Clerk of the Commission shall transmit the record on appeal, which shall consist of all

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pleadings, transcript of the testimony and all exhibits and documentary evidence contained therein or attached thereto, the final determination of the Commission (including its findings of fact, conclusions of law and opinion), and the notice of appeal; Provided, That any party may, at any time before the record on appeal is transmitted, file with the Clerk a written designation of such motions, objections, orders, or other papers, of record in the cause, as may be deemed necessary for a full determination thereof on appeal, which shall be included in such record; Provided further, That there may be omitted from the record on appeal such parts thereof as may be agreed upon by the written stipulation of the parties filed in the cause.

The Clerk shall append to the record on appeal his certificate identifying the contents thereof with reasonable definiteness. After the appeal has been disposed of the record on appeal shall be returned to the Commission.

(b) Power of Court to Correct or Modify Record: If anything material to a question raised by either party is omitted from the record on appeal by error or accident or is misstated therein, the parties by stipulation, or the Commission, either before or after the record is transmitted to the Court, or the Court, on a proper suggestion or on its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary that a supplemental record shall be certified and transmitted by the Clerk of the Commission. All other questions as to the content and form of the record shall be presented to the Court by proper motion.

RULE 60. AGREED STATEMENT

When the questions presented by an appeal can be determined without an examination of all the pleadings, evidence, and proceedings before the Commission the parties may prepare and sign a statement of the case showing how the questions arose and were decided by the Commission and setting forth only so many of the facts averred and proved or sought to be proved

as are essential to a decision of the questions by the Court. The statement shall include a copy of the final determination appealed from, a copy of the notice of appeal with its filing date and a concise statement of the points to be relied on by the appellant. If the statement conforms to the record, it, together with such additions as the Commission may consider necessary fully to present the questions raised by the appeal, shall be approved by the Commission and shall then be certified to the Court by the Clerk as the record on appeal.

RULE 61. PRINTING OF RECORD

Unless otherwise ordered by the Court it shall not be necessary to print the record on appeal except that the appellant shall include as a part of the supplement or appendix to his brief the final determination appealed from, together with any opinion or opinions of the Commission.

RULE 62. FILING OF BRIEFS

(a) Time for Appellant; Number of Copies: The appellant shall, within 60 days from the docketing of such case in this Court, file in the Clerk's office 25 printed copies of his brief and 10 additional copies for each other party to the proceeding. The Clerk shall retain 10 copies for making up the record and 10 copies shall be furnished to each other party.

(b) Time for Appellee; Number of Copies: Within 60 days from the filing of appellant's brief, the appellee or appellees shall file in the Clerk's office 25 printed copies of his brief and 10 additional copies for each other party to the proceeding. The Clerk shall retain 10 copies for making up the record and 10 copies shall be furnished to each other party.

(c) Appellant's Reply Brief: Appellant may file a printed reply brief within 30 days after the filing of the appellee's brief unless the time is extended by order of the Court. The same number of copies shall be furnished as in section (a) above.

RULE 63. CONTENTS OF BRIEFS

(a) Brief of Appellant: The brief of appellant shall contain: 1. An index and table of citations with cases alphabetically arranged.

2. A clear and concise statement of the facts with reference to the pages of the typewritten or printed transcript or to the exhibit relied upon. Where portions of the testimony are printed in an appendix to the brief or supplement to the brief as permitted by paragraph 5 hereof, the reference may be to such printed testimony.

3. A brief statement of the case, together with a succinct statement of the questions involved separately numbered.

4. Argument in support of the position of appellant.

5. An appendix or supplement to the brief which, in addition to what is set out in paragraphs 1 to 4 hereof, shall contain such parts of the record material to the questions presented as the appellant desires to have especially considered. Asterisks or other appropriate means should be used to indicate omissions in the testimony of witnesses. Reference to the pages of the transcript of the testimony should be made and the names of the witnesses should be indexed.

(b) Appellant's Notice to Appellee: The appellant, within 30 days after the filing of the transcript of the record in the Clerk's office of the Court, shall furnish the appellee or his counsel with a statement of the parts of the record he proposes to print with his brief pursuant to this rule.

(c) Brief of Appellee: The brief of appellee shall contain:

1. An index and table of citations with cases alphabetically arranged.

2. A statement of the facts which are necessary to correct or amplify the statement in appellant's brief insofar as it is deemed erroneous or inadequate with reference to pages of the typewritten or printed record and exhibits.