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(b) All motions, briefs, and papers filed pursuant to chis chapter (VI) may be in typewritten form provided hat in any case the printing thereof may be required by the Court. In all cases each party shall file 6 legible typewritten copies plus one additional legible copy for each adverse party, which shall be served as provided in Rule 3.

Rule 57. Writs of Certiorari

(a) Notice and designation of contents of record.

Upon the rendition of any judgment in any case which is reviewable by certiorari, it shall be the duty of the Clerk to furnish a certified transcript of the record in said case, upon written application therefor stating that the plaintiff or the United States or a third party, as the case may be, intends to file a petition for a writ of certiorari. The application shall be filed at least 20 days prior to the time the applicant is required to file his petition in the Supreme Court, and, unless the applicant has designated for inclusion the complete record and all the proceedings and evidence in the case, the application shall be accompanied by (1) a concise statement of the points on which applicant intends to rely; and (2) a designation indicating the portions of the record to be incorporated into the transcript. Unless the application is accompanied by written acknowledgment showing that each adverse party has received a copy of the application, statement of points and designation, the applicant shall file additional copies thereof with the Clerk for service as provided in Rule 3.

(b) Cross-designation by adverse party.

Within 10 days after the service required by (a), the opposing party or parties shall file a designation of additional portions, if any, of the record, proceedings, and evidence to be included in the certified transcript together with an additional copy or copies of the designation for service on the opposite party or parties as provided in Rule 3.

(c) Stipulation as to record.

Instead of filing designations as provided in paragraphs (a) and (b) hereof, the parties, by written stipulation filed with the Clerk, may designate the parts of the record, proceedings, and evidence to be included in the certified transcript.

(d) Preparation of record.

Whenever a certified transcript of the record is requested by either party for the purpose of filing a petition for writ of certiorari, the Clerk shall prepare and certify the pleadings, Commissioner's report (if any), findings of fact, conclusion of law, judgment and opinion of the Court, and if either or both of the parties desire other parts of the record, the parties making the designation of the record shall file with the Clerk an original and one copy of such parts of the record. For good cause shown, and upon such terms as the Court, the Chief Judge, or a Judge may order, the Clerk may be authorized to certify and transmit to the Supreme Court the original record on file in the Clerk's office, or parts thereof, instead of, or in addition to, copies supplied by the parties.

(e) Printing.

Determination of the parts of the certified transcript of record which shall be printed, and the manner of the printing1 and the supervision thereof, shall be as prescribed in the Rules of the Supreme Court.

1 Note. In order to minimize the cost of printing the record, it is suggested that, where feasible, the parties file with the Clerk of the Supreme Court a stipulation to the effect that, for purposes of the consideration of the petition for certiorari, only the documents required by paragraph (d) of this rule need be printed, that the parties reserve the right to refer to any other portions of the record certified to the Supreme Court, and that if the petition for certiorari is granted, the parties may designate additional portions of the record for printing. (See Supreme Court Rules 13 and 41.)

CROSS REFERENCES

Petitions for review on certiorari of judgments of Court of Claims, see rule 41 of Revised Rules of the Supreme Court of the United States, also set out following this section.

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 determination, 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 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.

3. A statement of the questions presented if the appellee disagrees with the statement of questions presented made by the appellant.

4. Argument in support of the position of the appellee. 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 appellee 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 should be made and the names of the witnesses should be indexed.

(d) Appellant's reply brief.

The appellant may file a reply brief and may set forth in an appendix thereto such additional parts of the record as he may wish to have especially considered in view of the parts printed by the appellee.

Rule 64. Separate Docket

The Clerk shall enter upon a separate docket all cases brought to and pending in this Court from the Indian Claims Commission.

Rule 65. Placing on Calendar; Nonprosecution;

Dismissal

Except by leave of Court, the Chief Judge, or the senior Judge present, only cases in which briefs, including reply briefs, have been filed on or before Thursday preceding the opening of the Court, shall be placed on the calendar, but the Court may at any time upon motion of either party or upon its own motion place any case upon the calendar after the lapse of 90 days from the docketing of the appeal. The case may then be dismissed for nonprosecution if, when the case is called, the appellant does not show cause against such dismissal,

Rule 66. Calling of Calendar; Assignment for Hearing

Appeal cases on the calendar will be called on the first Monday in each month or such other date as the Court may fix and will be assigned for hearing at the conclusion of other cases on the calendar and, after having been assigned for hearing, cases to be heard shall be posted in the Clerk's office each day for hearing on the following day, and if not then argued or submitted by the parties, or by either in the absence of the other, shall be disposed of as the Court may order.

Rule 67. Cross-Appeals

When cross-appeals are taken the first party to file his notice of appeal shall be regarded as the appellant for the purposes of these rules.

Rule 68. Certified Questions

Where the Commission shall certify to this Court a question of law concerning which instructions are desired for the proper disposition of a claim, the certificate shall contain a statement of the claim and of the facts on which such question arises. Questions of fact cannot be certified. The certification must be confined to definite and distinct questions of law.

The filing of the certification of the question with the Clerk of this Court shall constitute the docketing of the cause. The procedure thereafter shall be as in cases on appeal.

The claimant before the Commission shall, for the purposes of presentation of the question, be considered the appellant in this Court.

PART II-FROM DISTRICT COURTS IN FEDERAL TORT CLAIMS ACT CASES

Rule 69. The Appeal

(a) When and how taken.

When an appeal to this Court is permitted by law from a final judgment in a District Court in a civil action based on the Federal Tort Claims Act, the procedure for taking such appeal shall be in all respects the same as provided in Rules 73 to 76, inclusive, of the Federal Rules of Civil Procedure, except that subdivisions (c), (d), (e), and (f) of Rule 73 of those rules shall not apply nor shall any bond be required in such appeal.

(b) Proceedings after appeal docketed.

After the appeal has been docketed in the Court of Claims, all proceedings thereafter in the case shall be as provided by Rules 58 to 68, inclusive, relating to cases appealed from the Indian Claims Commission to the United States Court of Claims.

VIII. COURT AND CLERK'S OFFICE
Rule 70. Term

The annual term of the Court shall begin on the first Monday in October. The continued existence or expiration of a term in no way affects the power of the Court to do any act or take any proceeding.

Rule 71. Court Always Open

The Court shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.

Rule 72. Notice of Orders or Judgments Immediately upon the entry of an order or judgment, the Clerk shall serve a notice of the entry by mail in the manner provided for in Rule 3 upon every party affected thereby, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these rules. Lack of notice of the entry by the Clerk does not affect the time allowed for filing motions under Rule 53.

Rule 73. Docket

It shall be the duty of the Clerk to keep a general docket in which shall be entered the title and nature of all suits brought in the Court, the names of the attorneys filing such suits, the designated attorneys of record, and all other proceedings had during the progress of the case.

Rule 74. Judgments and Order

The Clerk shall keep, in such form and manner as the Court may prescribe, a correct copy of every judgment or order subject to review by certiorari, and any other order which the Court may direct to be kept.

Rule 75. Calendars

The Clerk, under the direction of the Court, shall prepare a calendar for each session of the Court. Rule 76. Withdrawal of Papers

(a) Temporary withdrawal.

The attorney of record for either party, or a party not represented by an attorney, may, except where the Court otherwise directs, temporarily withdraw papers and exhibits on file in the Clerk's office for a period not to exceed 30 days; provided that, upon notice from the Clerk, the attorney or party may be required to return such papers and exhibits before the expiration of the 30-day period. The attorney or party withdrawing such papers and exhibits shall be required to sign and leave with the Clerk a proper receipt describing the papers and exhibits so withdrawn.

(b) Withdrawal for trial.

With the approval of the Commissioner to whom the case is assigned, the reporter engaged to transcribe the evidence may temporarily withdraw all papers and exhibits for use during any trial session. Upon the withdrawal of papers and exhibits for trial the reporter shall sign a blanket receipt for such papers and exhibits which shall remain in his custody until returned to the Clerk's office.

(c) Permanent withdrawal.

No papers or exhibits shall be permanently withdrawn from the Clerk's office except on motion for good cause shown and upon such terms as the Court, the Chief Judge, or a Judge may order.

Rule 77. Printing

Petitions, exceptions, briefs and other papers required by these rules to be printed shall be in such form and size that they can be conveniently bound together so as to make an ordinary octavo volume, having pages about 6% by 94 inches. They shall be printed in clear type (never smaller than small pica or 11-point type) on unglazed paper with the style and number of the case prefixed and the paging in large distinct type in the upper corner of the page. The attorneys for the parties shall see that the paging of their exceptions, briefs, and other papers required to be printed follow the paging of that part of the record already printed.

IX. ATTORNEYS

Rule 78. Admission to Practice

Any person of good moral character who is a citizen of the United States or of any territory or possession thereof and who has been admitted to practice in the Supreme Court of the United States or the highest court of any

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Upon his verified application in writing showing that he is possessed of the qualifications described above, accompanied by (1) a certificate of a judge, or of the clerk of any of the courts specified above, that he is a member of the bar of such court and is in good standing therein; (2) two letters or signed statements of members of the bar of this Court or of the Supreme Court of the United States, not related to the applicant, stating that the applicant is personally known to them, that he possesses all the qualifications required for admission to the bar of this Court, that they have examined his application, and that they affirm that his personal and professional character and standing are good; and (3) an oath in the form prescribed above, signed by the applicant and administered by an officer authorized to administer oaths in the State, Territory, or District of Columbia, where the oath is administered.

(c) Fees for admission.

Prior to the making of a motion as prescribed in subparagraph (a), or upon presenting an application as prescribed in subparagraph (b), the applicant for admission shall pay to the Clerk of this Court a fee of $5 except that where the applicant is an attorney representing the United States payment of such fee is not required. (d) Admission of foreign attorneys.

An attorney, barrister, or advocate who is qualified to practice in the highest court of any foreign state which extends a like privilege to members of the bar of this Court, may be specially admitted for purposes limited to a particular case. He shall not, however, be authorized to act as attorney of record. In the case of such applicants, the oath shall not be required and there shall be no fee. Such admission shall be only on motion of a member of the bar of this Court, notice of which signed by such member and reciting all relevant facts shall be filed with the Clerk at least 3 days prior to the motion.

Rule 79. Disbarment

Where it is shown to the Court that any member of its bar has been disbarred from practice in the Supreme Court of the United States or in any other Federal court, or in any court of record of any State or Territory, or has been guilty of conduct unbecoming a member of the bar of this Court, he shall be forthwith suspended from practice before this Court; and unless, upon notice mailed to him at the address shown in the Clerk's records and to the clerk of any of the courts mentioned in which he shall have been disbarred, he shows good cause to the contrary within 30 days, he shall be disbarred.

Rule 80. Registration

The attorney of record or the plaintiff, if he appears in person, on appearing in a suit shall register with the Clerk of the Court a post-office address to which all notices required by these rules or ordered by the Court may be sent.

There shall be but one attorney of record for a party in any case at any one time, and such attorney of record shall be an individual and not a firm. Any other attorneys assisting the attorney of record shall be designated as of counsel.

Rule 81. Substitution

(a) A plaintiff may on motion change his attorney at any time. The motion shall be signed by the plaintif in person. If the consent of the previous attorney of record is annexed to or endorsed on the motion, the motion shall be allowed as of course. When the motion

is not thus shown to have the consent of the previous attorney, he shall be notified of the filing of the motion. and shall have 10 days to show cause why the motion should not be allowed.

(b) If the attorney of record dies, a suggestion of his death shall be made and a motion to substitute another attorney of this Court may be made by plaintiff.

X. FEES

Rule 82. For Filing Petitions

Except for petitions filed under Rule 22 (a), a fee of $10 shall be paid at the time of filing of any petition, but the Court may fix a fee of $5 in any case where upon written application it is shown that the case involves less than $300 and that it is not a class case. If, in any case, a fee of $5 is authorized by an order of the Court and the judgment of the Court is for $300 or more, an additional amount of $5 shall be paid to the Clerk of the Court before a transcript of the judgment is furnished.

At the time of the filing of a petition under Rule 22 (s). there shall be paid a fee of $10 plus $1 for each party plaintiff other than the first party plaintiff named in the petition.

Rule 83. In Cases Appealed to This Court

Except on appeals by the United States, a filing fee of $10 shall be collected by the Clerk in all cases filed in the United States Court of Claims on appeal from decisions of the Indian Claims Commission, and on cases appealed from the United States District Courts under Title 28, United States Code, Sec. 1504.

Rule 84. For Record on Certiorari

A fee of 10 cents a folio is fixed for preparing and certifying a transcript of the record for the purpose of a writ of certiorari sought by the plaintiff and for furnishing certified copies of judgments or other documents in cases: Provided, That this fee shall not be applicable to such portions of the record, proceedings, or evidence as are prepared and furnished to the Clerk for certification to the Supreme Court in accordance with Rule 57, except that in all cases a fee of not less than $5 shall be charged for certifying a record in any one case to the Supreme Court.

Rule 85. For Certified Copies

For each certified copy of findings of fact and opinion of the Court, a fee of 25 cents is fixed for 5 pages or less; 35 cents for those over 5 and not more than 10 pages: 45 cents for those over 10 and not more than 20 pages; and 50 cents for those of more than 20 pages.

Rule 86. Effective Date

These rules will take effect on May 15, 1951. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the Court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

INSTRUCTIONS TO REPORTERS AND FORMS The following are intended as a guide to reporters in preparing the transcripts of testimony taken and proceedings had before the Commissioners of the United States Court of Claims.

CAPTION PAGE

1. There shall be stated on the caption page (1) the style of the cause in which the testimony is taken; (2) the place and date of its taking; (3) the name of the party by

whom each witness is called; and (4) the name of the
Commissioner and the appearances of counsel. See Form
A, hereinafter mentioned.

TESTIMONY

2. It shall appear in the transcript of the proceedings
and testimony by whom each witness was examined and
cross-examined. At the top of each page shall appear
the name of the witness, and the nature of his examina-
tion, such as "Roe direct," "Roe cross," "Roe redirect."
PREPARATION OF TRANSCRIPT

3. The reporter shall transcribe all testimony on non-
transparent white paper, either 81⁄2 inches wide by 11
inches long or 8 inches wide by 101⁄2 inches long, bound
on the left margin. The pages shall be numbered con-
secutively.

It shall not be necessary for the witnesses to sign the
transcripts of their testimony.

EXHIBITS

4. All exhibits offered by the party shall bear the cap-
tion and number of the case, the exhibit number, whether
for plaintiff or defendant, and the number of sheets in
each exhibit. All exhibits shall accompany and be filed
with the transcript of the testimony, but shall not be
afixed thereto.

CERTIFICATE OF REPORTER

5. The reporter shall append to the transcript of the
testimony a certificate similar to Form B, hereinafter
mentioned. Said certificate shall be signed by the re-
porter.

INDEX

6. At the beginning of the transcript of testimony there
shall be an index containing (1) the names of the wit-
nesses examined, citing the pages of the transcript where
direct, cross, redirect, or recross examination of the re-
spective witnesses began; and (2) the exhibits in the
case, first for the plaintiff and then for the defendant,
with a brief statement of the nature of each of the
exhibits with reference to the pages of the transcript
where said respective exhibits were (a) offered and (b)
received in evidence.

FEES OF REPORTERS

7. The fees of the reporter for the transcript filed with
the Court shall be calculated upon the basis of 25 cents
per folio of 100 words, and shall be paid by the party in
whose behalf the testimony is taken. The minimum fee
a reporter in any trial session shall be $5.

FORM A

In the United States Court of Claims

No. 50000

JOHN DOE, PLAINTIFF

2.

THE UNITED STATES, DEFENDANT

CHICAGO, ILL.,

Wednesday, March 28, 1951—10 a. m.

TESTIMONY FOR PLAINTIFF (OR DEFENDANT)
The parties met, pursuant to notice of the Commis-
caer, at the time above stated, in room 123, Federal
Building, Chicago, Ill.

Present: Hon. A. B. See, Commissioner; John A. Jones,
Eq, counsel for plaintiff; and William B. Smith, Esq.,
unsel for defendant.

Mr. X. Y. Zee, a reporter, was thereupon sworn by
The Commissioner to well and truly take down and
nscribe the questions propounded to and the answers
dren by the witnesses, and to do all other things re-
quired of him by the Commissioner.

Pursuant to the order of reference by the Honorable,
The United States Court of Claims, in the above-entitled
use, testimony on behalf of the plaintiff (or defendant)
Was taken as follows:

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