« AnteriorContinuar »
General counsel or assistant
The general counsel or one of his assistants, or such other attorney as shall be designated by the Commission, to conduct hear shall attend and conduct such hearings, and such hearings may, in the discretion of the commissioner holding same, be public.
XII. HEARINGS BEFORE EXAMINERS.
Exa mi ner to take testimony.
to be completed
except for good
E xa miner to make and serve
When issue is joined and the case 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 time to time be adjourned. The taking of the testimony both for the Commission and the respondent shall be completed within 30 days after the beginning of the same within 30 days unless, for good cause shown, the Commission shall ex- cause. tend the time. The examiner shall, within 10 days after the receipt of the stenographic report of the testimony, make his proposed finding as to the facts and his proposed proposed findings order thereon, and shall forthwith serve 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, to such proposed findings and order and said exceptions shall specify the particular part or parts of the proposed findings of fact or proposed order to which exception is made, and said exceptions shall include any additional findings and any change in or addition to, the proposed order which either party may think proper. Citations to the record shall be made in support of such exceptions. Where briefs are filed, the same shall contain a copy of such exceptions. Argument on the exceptions to the proposed findings and order, if exceptions be filed. shall be had at the final argument on the merits.
Exceptions by parties.
Briefs and argument thereon.
6 Rule adopted by the Commission May 20, 1921, making rules there tofore XII to XV, inclusive, XIII to XVI. The language of the first sentence of the rule was changed somewhat to its present form by resolution passed by the Commission Jan. 25, 1922.
XIII. DEPOSITIONS IN CONTESTED PROCEEDINGS.
Before any person designated,
Testimony of witness.
The Commission may order testimony to be taken by deposition in a contested proceeding.
Depositions may be taken before any person designated
by the Commission and having power to administer oaths. Applications for depositions.
Any party desiring to take the deposition of a witness 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 deposition 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 filedCopy 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.
Such depositions shall be typewritten on one side only of the paper, which shall be not more than 87 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 14 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.
to defendant his attorney.
Size of paper, etc.
No deposition shall be taken either before the proceed to Limits ing 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.
Where relevant and material matter offered in evidence Relevant and is embraced in a document containing other matter not only to be filed. material or relevant and not intended to be put in evidence, such document will not be filed, but a copy only of such relevant and material matter shall be filed.
Filed with secretary with proof
Unless otherwise ordered, briefs may be filed at the Time of filing. close of the testimony in each contested proceeding. 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.
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 rise 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.
Every brief of more than 10 pages shall contain on its Requirements it 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 references to pages where the cases are cited.
Form of brief. paper, etc.
Amended to its present form
7 Fifteen copies originally called for. July 29, 1920.
Size of type, Briefs must be printed in 10 or 12 point type on good
unglazed paper 8 inches by 104 inches, with inside margins not less than 1 inch wide, and with double-leaded
text and single-leaded citations. Oral arguments. Oral arguments will be had only as ordered by the
XVI. ADDRESS OF THE COMMISSION.
Federal Trade All communications to the Commission must be adCommission, Washington, D.C. dressed to Federal Trade Commission, Washington,
D. C., unless otherwise specifically directed.