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tances are shown must also show the authority therefor and, by lines and junction points, the routes over which the distances are computed; except that the routes over which the distances are computed need not be shown when such distances are specifically published in a tariff schedule lawfully on file with the Commission, or are definitely ascertainable from a tariff schedule on file with the Commission showing rates prescribed by the Commission and based on short line distances, provided the exhibit makes specific reference to such tariff schedule as provided by this section.
(d) Copies of exhibits furnished opposing counsel. When exhibits of a documentary character are to be offered in evidence copies must be furnished to opposing counsel, unless the presiding commissioner or examiner otherwise directs. Whenever practicable, the parties should interchange copies of exhibits before or at the commencement of the hearing.
(e) Size, form, and identification of exhibits; relevancy, materiality; not argumentative. All exhibits of a documentary character received in evidence are bound with the rest of the record in covers of uniform size. Whenever practicable they should be on one side only of sheets not exceeding 122 inches from top to bottom by 22 inches in width, and a sufficient margin for binding, preferably 112 inches, must be left blank on the left side of each sheet. They 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 in other respects conform to the requirements of § 1.21 (b). Whenever practicable the sheets of each exhibit and the lines of each sheet should be numbered, and, if the exhibit consists of five or more sheets, the first sheet or title-page should be confined to a brief statement of what the exhibit purports to show, with reference by sheet and line to illustrative or typical examples contained in the exhibit and should bear an identifying number, letter, or short title which will readily distinguish the exhibit from the other exhibits of the same party. It is desirable that, whenever practicable, rate comparisons and other evidence should be condensed into tables. Exhibits should be limited to statements of fact relevant and material to the issue, which can be shown in that form better than by oral testimony. They should not be argumentative.
(f) Filing subsequent to hearing. When agreed upon by the parties at or after the hearing, the presiding commissioner or examiner, if he deems advisable, may receive specified documentary evidence as a part of the record within a time to be fixed by him, but which shall expire not less than 10 days before the date fixed for filing and serving briefs.
(g) Documents not received after hearing. Except as provided in this section, or as may be expressly permitted in particular instances, the Commission will not receive in evidence or consider as part of the record any documents, letters, or other writings submitted for consideration in connection with the proceeding after the close of the testimony, and will return the same to the sender.
(h) Exhibits in valuation cases. In valuation cases exhibits offered in evidence at a hearing shall not be made a part of the record
until after opposing counsel shall have been afforded a full and fair opportunity to test their admissibility, and not then unless and except to the extent that after such test they are found to be relevant and material evidence and to have a bearing upon one or more of the issues joined in the case in which they are so offered.
(i) Copies furnished for use of Commission. Unless the presiding commissioner or examiner shall otherwise direct, two copies of each exhibit of a documentary character must be furnished for the use of the Commission, except that in valuation cases four copies of such exhibits, when offered in evidence by a protestant or intervener, must be so furnished.*†
1.14 Briefs and oral argument-(a) Form and style of briefs; abstracts; requests for findings. Briefs must comply with the requirements of § 1.21. The date of each brief must appear on its front cover or title-page. Each brief should contain an abstract of the evidence relied upon by the party filing it, preferably assembled by subjects, with reference to the pages of the record or exhibit where the evidence appears. It should include requests for such specific findings as the party thinks the Commission should make.
(b) (1) Contents; arrangement; exhibits; index and citations. Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in an appendix to the brief. Analyses of such exhibits should be included in the abstract of evidence under the subjects to which they pertain. The abstract of evidence should follow the statement of the case and precede the argument. Every brief of more than 20 pages shall contain on its front flyleaves a subject index with page references, the subject index to be supplemented by a list of all cases cited, alphabetically arranged, with references to the pages where the citations appear.
(2) Maps, when rate relation or misrouting involved. In proceedings upon complaint alleging misrouting or undue prejudice to or preference of any locality as contrasted with another locality or otherwise attacking rate relations, the complainant should insert in his brief opposite the statement of the case or in an appendix a small map or chart adequately showing the situation involved.
(c) Filing and service; copies for Commission; application for extension. Briefs not filed with the Commission and served on or before the dates fixed therefor will not be received except by special permission of the Commission. All briefs must be accompanied by notice showing service upon all other parties or their attorneys who appeared at the hearing or on brief, and 20 copies of each brief shall be furnished for the use of the Commission. Applications for extension of time in which to file briefs shall be by petition, in writing, stating the facts on which the application rests, which must be filed with the Commission at least 7 days before the time fixed for filing such briefs, in cases where the parties and their attorneys are located east of El Paso, Tex., Salt Lake City, Utah, or Butte and Helena, Mont., and at least 8 days before such time in cases where any of the parties or any of their attorneys are located at or west of the points named.
**For statutory and source citations, see note to § 1.1.
(d) Procedure in proposed report cases. For application in "proposed report" cases, which are all cases on the formal docket except those specified in paragraph (e), the following procedure will govern:
(1) Oral argument at close of testimony. If oral argument before the presiding commissioner or examiner is desired, he should be so notified at or before the hearing and may arrange to hear the argument at the close of the testimony within such limits of time as he may determine, having regard to other assignments for hearing before him. Such argument will be transcribed and bound with the transcript of testimony, and will be available to the Commission for consideration in deciding the case. The making of such argument shall not preclude oral argument before the Commission, or a division thereof, and application therefor may be made as hereinafter provided.
(2) Initial briefs; simultaneous time; reply not permitted. Only one initial brief shall be filed by each party. The presiding commissioner or examiner shall fix for all parties the same time within which to file their briefs. Reply briefs are not permitted at this stage.
(3) Proposed report of examiner, service. After expiration of the time set for briefs the examiner will prepare his proposed report containing the statement of the issues and facts and the findings and conclusions which he thinks should be made. This proposed report will be served by mailing copies to the parties or attorneys who appeared at the hearing or upon brief, except that in general investigations copies may also be mailed in the Commission's discretion to other parties whose appearances are noted of record.
(4) Exceptions to proposed report; briefs; request for oral argument. Within 20 days after service of the proposed report any party may file and serve, in the manner prescribed for briefs, exceptions to the examiner's proposed report and brief in support of the exceptions. Exceptions and brief should be contained in one print or document. Within 10 days after expiration of the time so fixed briefs in reply to the exception briefs may be filed and served, but will not be received later except under leave granted upon application therefor. Application for oral argument before the Commission or a division thereof may be made by any party filing exceptions or reply to exceptions and must accompany the exceptions or reply. Parties or attorneys at El Paso, Tex., Salt Lake City, Utah, Butte and Helena, Mont., or points west thereof, who appeared at the hearing or upon brief will be allowed 5 days' additional time for filing and serving exceptions, exception briefs, and reply briefs, respectively (5) Exceptions to be specific; references to record. Exceptions to the examiner's proposed report either as to statements of fact or matters of law must be specific. If exception is taken to matters of law or conclusions, the points relied upon must be stated separately and clearly. If exception is taken to any statement of fact, reference must be made to the pages or parts of the record relied upon and a corrected statement incorporated in the exception brief.
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(6) Examiner's statement as basis for Commission's report. In the absence of exceptions that are sustained or of ascertained error the statement of the issues and of the facts by the examiner will ordinarily be taken by the Commission as the basis of its report.
(e) (1) Order of filing briefs in "no proposed report" cases. In cases designated in the notices setting them for hearing or at the hearing as "no proposed report" cases, briefs for the various parties shall be filed in, the same order as governs in the taking of their testimony at hearings.
(2) Time for service and filing of briefs. At the close of the testimony in each case the presiding commissioner or examiner will fix the time for filing and service of the respective briefs as follows, unless good cause for variation therefrom is shown: for the opening brief, 30 days from close of testimony; for the brief of the opposing party, 15 days after the date fixed for the opening brief; for reply brief, 10 days after the date fixed for the brief of the opposing party. (3) Briefs in finance and investigation and suspension proceedings. In finance cases and in investigation and suspension proceedings the presiding commissioner or examiner will fix the same time for filing and service of briefs by all parties. Reply briefs are not permitted, and it is desired that briefs be filed in these proceedings only when the size of the record or the importance of the principle
(4) Briefs in valuation cases. In valuation cases the Commission's attorney shall have 30 days in which to file his brief after the time allowed for protestant's brief; and protestant shall have 15 days thereafter in which to file its reply brief.
(5) Interveners' briefs. Except as other time may be fixed by the presiding commissioner or examiner, briefs of interveners shall be filed and served within the time fixed for the brief of the party in whose behalf the intervention is made, except that in valuation cases briefs of parties other than protestants shall be served and filed at the time or times fixed for protestant's brief.
(6) Failure to file opening brief precludes reply. Parties who fail to file an opening brief, as required by this section will not be permitted to file reply to the brief of an opposing party.
(7) Applications for oral argument; when made. Except as provided in paragraph (d) of this section, applications for oral argument before the Commission or a division thereof shall be made at the hearing or in writing within 10 days after the close of the testimony, or, in valuation cases, within 20 days after the close of testimony.
(8) Oral arguments at close of testimony in valuation cases. If the parties in valuation cases elect to make oral argument before the presiding commissioner or examiner at the close of testimony in lieu of argument before the Commission or a division thereof, the request for such argument should be made at the opening of the hearing.
(f) Oral argument discretionary. Applications for oral argument will be granted or denied in the discretion of the Commission or division.*†
1.15 Applications for further hearings, rehearings, rearguments, reconsideration, or modification of orders-(a) Petition requisite; filing; service. An application for further hearing in a proceeding before final submission, for reopening a proceeding after final submission, or for rehearing, reargument, or reconsideration after decision, must be made by petition, stating specifically the grounds relied upon, filed with the Commission and served by the petitioner upon all parties or attorneys who appeared at the hearing, or oral argument, or on brief.
(b) Further hearing or reopening; statement as to new evidence. If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be adduced must be briefly stated and it must appear not to be merely cumulative.
(c) Rehearing, reargument, or reconsideration, specification of errors; justification of proposed substitute rates. If the application be for rehearing, reargument, or reconsideration, the matters claimed to have been erroneously decided must be specified and the alleged errors briefly stated. If thereby any order of the Commission is sought to be vacated, reversed, or modified by reason of matters which have arisen since the hearing, or of consequences which would result from compliance therewith, the matters relied upon by the petitioner must be fully set forth in the petition. If vacation, reversal, or modification of any order is sought for the purpose of permitting the publication and filing of rates, fares, charges, classifications, regulations, or practices other than those required by the order, the application shall show clearly and with such particularity as is practicable the reasons or conditions relied upon as a basis for the application, and the changes proposed.
(d) Modification of effective date of order or of prescribed period or date. Applications for modification of orders which seek only change in the date when they shall take effect, or in the period of notice or other period or date thereby prescribed, must be made by petition seasonably filed and served in like manner as other applications under this section, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by telegram or otherwise, upon notice thereof to all parties or attorneys who appeared as aforesaid.
(e) Time of filing, as to reparation. A petition for rehearing that part of any case relating to reparation must be filed within 60 days after service of the report therein.
(f) Second applications upon same grounds, not entertained. A second application under paragraph (a) of this section for rehearing, reargument, reconsideration, or for the vacation of any order, by the same party or parties, and upon the same grounds as a former petition or application, which has been considered and denied by the Commission, will not be entertained.**
1.15a Number of copies of petitions, motions, etc., and replies thereto (a) Number of copies for use of Commission. Except as otherwise provided in the rules in this part, 15 copies of each petition,
*For statutory and source citations, see note to § 1.1.