Applications to intervene must be on one side of the paper only, on paper not more than 81⁄2 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 11⁄2 inches wide, or they may be printed in 10 or 12 point type on good unglazed paper 8 inches wide by 101⁄2 inches long, with inside margins not less than 1 inch wide. Continuances and Extensions of Time Discretionary. SECTION 6. Continuances and extensions of time will be granted at the discretion of the Commission. Examination of Witnesses. Broad Power of Subpoena. Applications for Production of Documentary Evidence. Witness Fees, Mileage and Fees Where Depositions Taken. SECTION 7. Witnesses shall be examined orally, except that for good and exceptional cause for departing from the general rule the Commission may permit their testimony to be taken by deposition. Subpoenas requiring the attendance of witnesses from any place in the United States at any designated place of hearing may be issued by any member of the Commission. Subpoenas for the production of documentary evidence (unless) directed to issue by a Commissioner upon his own motion) 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. Reasonable Diligence in Examining Witnesses After Issue SECTION 8. Upon the joining of issue in a proceeding by the Commission the examination of witnesses therein shall proceed with all reasonable diligence and with the least practicable delay. Not less than five nor more than ten 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. Commission will not grant bills of particu lars. When and before whom depositions may be taken. Form of Objections to Evidence. SECTION 9. 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. Form of Motion. Affidavits, etc., to Be Attached. SECTION 10. A motion in a proceeding by the Commission shall 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. [NOTE: A respondent filed a motion for a bill of particulars. The Commission directed its chief counsel to advise respondent that the Commission does not grant motions for bills of particulars. (Ruling dated June 22, 1918, in Federal Trade Commission v. The Meccano Company, Inc., Complaint No. 127. The policy of the Commission, as ascertained by inquiry, is to refuse such motions and allow time after hearing for respondents to meet any newly developed facts.)] Hearing by Single Commissioner or More of Matter Referred for Investigation and Report. Attendance of Trade Commission Counsel. SECTION 11. 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 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. Depositions in Contested Hearings. Form and Contents of Application for Taking of Depositions and Order on Same. Form and Filing of Depositions.. Notice Required Before Taking. Time Limit Before Hearing for Taking Depositions. SECTION 12. 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. 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 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 deposition 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 81⁄2 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 11⁄2 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 fifteen days. No deposition shall be taken either before the proceeding is at issue, or, unless under special circumstances and for good cause shown, within ten 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 thirty days prior to such date of hearing. Where Material and Irrelevant Matter in Document, Copy of SECTION 13. Where relevant and material matter offered in evidence is embraced in a document containing other matter not 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. Time for Filing Briefs. Number to be Filed with Secretary. Proof of Service. Extensions of Time for Presentation. What Briefs to Contain. Subject Indices. Oral Argument. SECTION 14. Unless otherwise ordered, briefs may be filed at the 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. Fifteen 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 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 ten pages shall contain on its top fly leaves a subject index with page references, the 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. Briefs must be printed in 10 or 12 point type on good unglazed paper 8 inches by 101⁄2 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 Commission. Communications to Commission. SECTION 15. All communications to the Commission must be addressed to Federal Trade Commission, Washington, D. C., unless otherwise specifically directed. INDEX TO THE FEDERAL TRADE COMMISSION LAW. Section. Page. ACCOUNTS of Commission to be examined by Auditor for State ACCOUNTS AND RECORDS-penalty for failure to keep full and correct 10 11 ACT APPROVED JULY 2, 1890 (Sherman Act)—included in term ACT APPROVED AUGUST 27, 1894 (Wilson Act)-included in term ACT APPROVED FEBRUARY 12, 1913 (Amendment of Wilson Act)— ACTS TO REGULATE COMMERCE-defined.. Compliance with decree under, to be investigated by Defined Investigation to be made of violation of, upon application No judgment of Circuit Courts of Appeal to relieve from No order of Commission to relieve from liability under.. Nothing contained in this act to interfere with prosecu- 11 Suits under by Attorney-General may be referred to Com- 7 4 662 2 83 APPROPRIATIONS-made for Bureau of Corporations transferred ATTORNEY-GENERAL-Commission to report to, result of certain Procedure where suits by, under antitrust acts referred ATTORNEYS-Commission granted authority to employ.. AUDITOR FOR STATE AND OTHER DEPARTMENTS-To examine all BANKS-Commission has no authority over.. BANKS AND CARRIERS-Not subject to investigation by Commis- Not subject to investigation by Commission. BUREAU OF CORPORATIONS-Abolished.. All employees transferred to Commission.. All pending proceedings to be continued by Commission.. CARRIERS-See also Banks and Carriers. 555 Commission has no authority_over 5 4 CEASE AND DESIST-See Order to Cease and Desist. CERTIORARI-Only method of reviewing judgment of Circuit 5 CIRCUIT COURTS OF APPEAL-Commission may apply to, where 5 Commission may modify order prior to filing of transcript Judgment of, final unless certiorari issues.. Jurisdiction in respect of Commission's orders, exclusive.. 556 |