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the proceedings, and such other persons as may be deemed to have a substantial interest therein.

(c) Appearances. The presiding commissioner, examiner, or other representative of the Commission before whom the hearing is held shall enter upon the record all appearances with a notation in whose behalf the appearance is made.

(d) Order of procedure. At hearings on formal complaints the complainant or complainants shall open and close; at hearings on petitions the petitioner shall open and close; interveners shall follow the parties in whose behalf the intervention is made, and in all cases where the intervention is not in support of either original party, the presiding commissioner, examiner, or other representative of the Commission shall designate at what stage of the proceeding such intervener shall be heard. At hearings in all other cases the presiding commissioner, examiner, or other representative shall direct who shall open and close.

(e) Calling for further evidence. In any case, at or after the close of testimony, or at any stage of the hearing the presiding commissioner, examiner, or other representative of the Commission may call for further evidence upon any issue and require such evidence to be presented by any party concerned or by the staff of the Commission either at that hearing or at a further hearing. At the hearing the presiding officer may require any party to the proceeding to file specific and 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.

(f) Closing of record. Except as provided in (e), the presiding officer will not receive in evidence or consider as part of the record any testimony, document, letter or other writing submitted after the close of the hearing and arguments.**

301.15 Continuances-(a) Application for continuance; 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 request rests, and must be filed with the Commission at least 7 days before the date set for hearing or the time fixed for filing such pleadings or briefs and must conform to the requirements of §§ 301.12, 301.13.

(b) Discretion in granting or denying. Continuances and extensions of time will be granted or denied at the discretion of the Commission.*t

301.16 Depositions-(a) 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 in this part but not otherwise.

(b) Officer before whom taken. Such depositions may be taken before a commissioner, examiner, or other authorized representative of the Commission; any 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

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*+For statutory and source citations, see note to § 301.1.

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.

(c) 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 20 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.

(d) Oath; reduction to writing. Every person whose deposition is so taken shall be sworn (or affirmed if he so requests) to testify 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 subscribed and certified it shall, together with two copies thereof made by such officer or under his direction, be forwarded by such officer, under seal, in an envelope addressed to the Secretary of the Commission at its office in Washington, D. C. Upon receipt of the deposition and copies, the Commission will file the deposition in the record in said proceeding and forward one copy to the party at whose instance the deposition has been taken or his attorney, and the other copy to the opposing party or his attorney. When the deposition is taken at the instance of more than one party or there is more than one opposing party, the copies will be forwarded by the Commission to the parties or their attorneys designated for that purpose in advance.

(e) Fees of officers and witnesses. Witnesses whose depositions are taken and the officers taking same shall be entitled to the same fees as are paid for like services in the courts of the United States, which fees shall be paid by the party at whose instance the depositions are taken.**

**For statutory and source citations, see note to § 301.1.

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301.17 Documentary evidence (a) 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, 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.

(b) 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 (a) of this section will apply.

(c) Records in other proceedings. In case any portion of the record in any proceeding other than the one on hearing is offered in evidence, a true copy of such portion shall be presented for the record in the form of an exhibit unless:

(1) The party offering the same agrees to supply such copies later at his own expense, if and when required by the Commission; and (2) The portion is specified with particularity in such manner as to be readily identified; and

(3) 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 (1) and (2); and

(4) The presiding commissioner, examiner or other representative directs such incorporation.

(d) Objections. Any documentary evidence offered, whether in the form of exhibit or by reference, shall be subject to appropriate objection.

(e) 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.

(f) 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 § 301.12.

(g) Copies for the Commission. Unless the presiding commissioner, examiner, or other representative of the Commission shall otherwise direct, three copies of each exhibit of a document must be

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furnished for the use of the Commission, in addition to the copies provided for under (e) of this section.*†

301.18 Stipulations-(a) How evidenced. The parties may by stipulation in writing filed with the Commission or presented at the hearing, agree upon any facts involved in the proceeding; but such stipulation between the parties shall not bind the Commission as to such facts unless expressly approved by the Commission.

(b) Form and style; service. Stipulations must conform to the requirements of §§ 301.12, 301.13.*+

301.19 Witnesses and subpenas-(a) Subpenas; who may issue. Subpenas requiring the attendence of witnesses from any place in the United States at any designated place of hearing may be issued by the Commission or any member thereof or any officer designated by it.

(b) Subpoenas duces tecum. Subpoenas 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.

(c) 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 subpena may require a deposit of an amount adequate to cover the fees and mileage involved.

(d) 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 persons, such person shall make affidavit thereof, describing the manner in which service is made and return such affidavit on or with the original subpena. In case of failure to make service, the reason for the failure shall be stated on the original subpena. In making service, the original subpena shall be exhibited and read to the person served and a copy thereof shall be left with him. Original subpena, 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 the Commission before whom the person named in the subpena is required to appear.*† [As amended Ñov. 5, 1937]

301.20 Petitions for further hearings, rehearings, rearguments, reconsideration or modification of orders-(a) Petition; 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 to the proceeding or their attorneys.

**For statutory and source citations, see note to § 301.1.

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(b) Statement as to new evidence. If the petition 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) Specification of errors. If the petition be for rehearing, reargument, or reconsideration, the matters claimed to have been erroneously decided must be specified and the alleged errors briefly stated. If the 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 set forth in the petition.

(d) Time of filing. A petition for rehearing, reargument, reconsideration, or modification of an order must be filed within 30 days after service of the order therein.

(e) Form and style; service. Petitions under this section must conform to the requirements of §§ 301.12, 301.13.**

301.21 Transcript of testimony. The Commission will make provisions for a stenographic record of the proceeding and for such copies of the transcript as it requires for its own purposes. The Commission assumes no obligation to furnish copies gratuitously to parties of record or other interested persons.**

301.22 Briefs and oral arguments-(a) Oral argument. If oral argument before the presiding commissioner, examiner, or other representatives of the Commission is desired, he should be so notified before or at the hearing and he may arrange to hear the argument at the close of the testimony. He may impose such limits of time on the argument as he may determine, having regard for 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.

(b) Forms and style of briefs. Briefs must comply with the requirements of § 301.12. The date of each brief must appear on the 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.

(c) Arrangements of contents. The brief should contain a concise statement of the case which should precede the abstract of evidence. The abstract of evidence should precede the argument. Exhibits should not be reproduced in the brief, but if desired may be reproduced in an appendix of the brief. Analysis of such exhibits should be included in the abstract of evidence under the subjects to which they pertain. Every brief of more than 20 pages should contain on its front leaves a subject index with page references, and a list of all cases cited alphabetically and arranged with reference to the pages where the citations appear.

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**For statutory and source citations, see note to § 301.1.

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