complaints or petitions filed against them, may set forth the facts relative thereto in their answer, and the matters therein set forth will be heard, considered and disposed of in the same proceeding with the original complaint or petition.** 1.53 Replies to defendants seeking affirmative relief. Unless otherwise ordered by the Commission, replies to answers seeking affirmative relief must be filed and served within 20 days after service of the answer. Replies shall be filed and served in the same manner as is provided for answers to formal complaints.*† 1.54 Satisfaction of complaints. If the defendant satisfies a formal complaint either before or after answering, a statement to that effect signed by the opposing parties must be filed setting forth when and how the complaint has been satisfied and requesting dismissal.** PROTESTS 1.60 Contents. Protests to be considered formal must set forth the position and interest of the protestant in the proceeding and must be so drawn as fully and completely to advise the parties and the Commission as to the acts or omissions complained of, and should in other respects conform to the requirements of §§ 1.40-1.47, 1.80-1.94.*† CROSS REFERENCE: For time for filing protests, see §§ 4.5, 4.13, 4.23. AMENDMENTS TO PLEADINGS 1.70 Allowance or refusal discretionary. Amendments to any pleading will be allowed or refused by the Commission in its discretion.** 1.71 Subscription and verification. Whenever by the rules in this subchapter and Part 200 a principal pleading is required to be subscribed and verified, an amendment thereto must be similarly subscribed and verified.*t 1.72 Directed amendments. The Commission, or during a hearing a Commissioner, Examiner, or other representative presiding, may direct a party to state his case by way of amendment, more fully or in more detail.** SPECIFICATIONS AS TO APPLICATIONS, COMPLAINTS, ANSWERS, PETITIONS, AND BRIEFS 1.80 Typewritten or printed only. Except where otherwise specifically provided, all papers to be filed under the rules in this subchapter and Part 200 must be typewritten or printed.*† 1.81 Size and legibility. If typewritten, they must, unless otherwise specifically provided, be on paper cut or folded to 82 inches wide by 11 inches long, with left-hand margin not less than 12 inches wide. The impression must be on only one side of the paper and must be double-spaced, except that long quotations should be Page 8 *For statutory citation, see note to § 1.0. single-spaced and indented. Mimeographed, multigraphed, or planographed copies will be accepted as typewritten. All copies must be clearly legible.** 1.82 Sizes of printed paper. If printed, they must be not less than 10-point type on unglazed paper cut or folded so as not to exceed 82 inches wide by 11 inches long, with inside margin not less than 1 inch wide and with double-leaded text and single-leaded citations.** 1.83 Signature. Applications, declarations of intention, complaints, answers, petitions, statements, protests, and notices must be signed in ink by the party in interest, or by his or its duly authorized attorney, and must show the office and post-office address of the same.** 1.84 Improper matter. Any paper containing defamatory, scurrilous, or unethical matter will be rejected by the Commission, and the person submitting the same, after hearing, may be debarred from practice before the Commission.** 1.85 Informal applications. Informalities or other defects in applications with respect to preliminary permits or licenses shall not preclude the Commission from taking any action it may deem warranted in the premises.** SERVICE, NUMBER OF COPIES 1.90 By the Commission. Applications, formal complaints, petitions, and upon leave granted, petitions in interventions, supplemental complaints, cross complaints and amended complaints, will be served by the Commission. Such service will be by mail or otherwise, as may be appropriate in each specific case.** 1.91 Service by parties. Protests, answers, briefs, notices, and all other papers, except depositions, in formal proceedings pending before the Commission shall, when tendered to the Commission for filing, show service thereof upon all parties to the proceeding. Such service shall be made by delivering in person or by mail, properly addressed with postage prepaid, one copy to each party.** CROSS REFERENCE: For certificate of service, see § 200.1. 1.92 Service upon attorneys. When any party has appeared by attorney, service upon such attorney will be deemed service upon the party.** 1.93 Number of copies of pleadings. Except where otherwise specifically provided in the rules in this subchapter and Part 200, all pleadings which are served by the Commission must be accompanied by copies in sufficient number to enable the Commission to transmit one copy to each party to the proceeding and retain five copies for its own use. Where service is made by the parties or service is not required to be made five copies are required for the use of the Commission.*t 1.94 Number of copies of reports. Except where otherwise specifically provided, all reports and other statements required under the rules in this subchapter and Part 200 shall be filed in triplicate.*† *For statutory citation, see note to § 1.0. Page 9 CONTINUANCES, EXTENSIONS OF TIME 1.101 Contents; time of filing. Applications for continuances or for the extension of time in which to file any pleadings or briefs shall be by petition, in writing, stating the facts on which the application rests, and must be filed with the Commission at least 7 days before the date set for hearing, or on or before the time for filing such pleadings or briefs, and must conform to the requirements of §§ 1.801.94.** 1.102 Discretion in granting or denying. Continuances and extensions of time will be granted or denied at the discretion of the Commission.*† DOCUMENTARY EVIDENCE 1.110 Designation. When relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same must plainly designate the matter so offered. If other matter is in such volume as would necessarily cumber the record, such book, paper, or document will not be received in evidence, but may be marked for identification, and, if properly authenticated, the relevant or material matter may be read into the record, or, if the presiding Commissioner, examiner, or other representative so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies delivered by the party offering the same to opposing parties or their attorneys appearing at the hearing, who shall be afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof if found to be material and relevant.** 1.111 Commission's files. In case any matter contained in a report or other document on file with the Commission is offered in evidence, such report or other document need not be produced or marked for identification, but in other respects the provisions of § 1.110 will apply.** 1.112 Records in other proceedings. In case any portion of the record in any other proceeding is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless (a) The party offering the same agrees to supply such copies later at his own expense, if and when required by the Commission; or (b) The portion is specified with particularity in such manner as to be readily identified; or (c) The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference, and that any portion offered by any other party may be incorporated by like reference subject to (a) and (b); and (d) The presiding Commissioner, examiner, or other representative directs such incorporation.*+ 1.113 Objections. Any documentary evidence offered, whether in the form of exhibit or by reference, shall be subject to appropriate objection.*+ Page 10 *For statutory citation, see note to § 1.0. 1.114 Copies to opposing counsel. When exhibits of a documentary character are offered in evidence, copies must be furnished to opposing counsel unless the presiding Commissioner, examiner, or other representative otherwise directs.t 1.115 Size; form. Whenever practicable, all exhibits of a documentary character received in evidence must be on paper of good quality and so prepared as to be plainly legible and durable, whether printed or typewritten; if typewritten, they must conform to the requirements of §§ 1.80-1.85.*t 1.116 Copies for the Commission. Unless the presiding Commissioner, examiner, or other representative shall otherwise direct, three copies of each exhibit of a documentary character must be furnished for the use of the Commission, in addition to the copies provided for under § 1.114.** STIPULATIONS 1.120 How evidenced. A party or parties may, in writing filed with the Commission or presented at the hearing, stipulate as to any facts involved in the proceeding; but such stipulation shall not bind the Commission.** 1.121 Form and style; service. Stipulations must conform to the requirements of §§ 1.80-1.94.*† WITNESSES AND SUBPOENAS 1.130 Subpoenas. Subpoenas for the attendance of witnesses or for the production of books, papers, or documents, unless directed by the Commission upon its own motion, will issue only upon application in writing. Applications to compel witnesses to produce documentary evidence must be verified, and must specify as nearly as may be, the books, papers, or documents desired and the facts to be proved by them.** 1.131 Fees of witnesses. Witnesses who are summoned are entitled to the same fees as are paid for like services in the courts of the United States, such fees to be paid by the party at whose instance the testimony is taken, and the Commission before issuing subpoena may require a deposit of an amount adequate to cover the fees and mileage involved.*t 1.132 Subpoenas; service; return. If service of subpoena is made by a United States marshal or his deputy, such service shall be evidenced by his return thereon. If made by any other person, such person shall make affidavit thereof, describing the manner in which service is made and return such affidavit on or with the original subpoena. In case of failure to make service, the reasons for the failure shall be stated on the original subpoena. In making service, a copy of the subpoena shall be exhibited to and left with the person to be served. The original subpoena, bearing or accompanied by the required return, affidavit or statement, shall be returned forthwith to the Secretary of the Commission, or if so directed on the subpoena, to the presiding Commissioner, examiner, or other representative of *For statutory citation, see note to § 1.0. Page 11 the Commission before whom the person named in the subpoena is required to appear.*† DEPOSITIONS 1.140 When permissible. The testimony of any witness may be taken by deposition, at the instance of a party to any proceeding pending before the Commission, at any time before the hearing is closed, upon approval by the Commission, in compliance with the rules of practice in this subchapter and Part 200, but not otherwise.*† 1.141 Officer before whom taken. Such depositions may be taken before a Commissioner, examiner, or other authorized representative of the Commission, and judge, commissioner, or clerk of any court of the United States, any chancellor, judge or justice of a State court, mayor or chief magistrate of a city, or any notary public not being of counsel or attorney to either of the parties or interested in the proceeding or investigation, according to such designation as the Commission may make in its order in the premises. Where such deposition is taken in a foreign country, it may be taken before an officer or person designated by the Commission or agreed upon by the parties by stipulation in writing to be filed with the Commission. The magistrate, person, or officer so designated in this section will be referred to as the officer.*† 1.142 Notice of application; service; order for taking. Reasonable notice of not less than 10 days, and when the deposition is to be taken in a foreign country, of not less than 15 days, must first be given in writing by the party or his attorney proposing to take such deposition, to the opposing party or his attorney of record, and to the Commission. In such notice, there should be stated the name and post-office address of the witness, the subject matter concerning which the witness is expected to testify, the time and place of taking the deposition, and the name and post-office address of the officer before whom it is desired that the deposition be taken. The opposing party may, within the time stated above, make any appropriate response to such notice. Thereupon, if the application so warrants, the Commission will make and serve upon the parties or their attorneys an order, wherein the Commission will name the witness whose deposition is to be taken, and specify the time, place, and the officer before whom the witness is to testify, but such time and place and the officer 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 notice to the Commission.** 1.143 Oath; reduction to writing. Every person whose deposition is so taken shall be sworn (or affirmed if he so requests) to testify to the whole truth and nothing but the truth concerning the matter about which he shall testify, and shall be carefully examined. His testimony shall be reduced to typewriting 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 Page 12 *For statutory citation, see note to § 1.0. |