§ 503.34

Claims filed by attorney. Claims may be filed on behalf of a claimant by an attorney or firm of attorneys retained for that purpose under the provisions of section 15 of the act creating the Commission. Where a claimant has retained more than one attorney or more than one firm of attorneys, only one of said attorneys shall be designated individually as the attorney of record. All pleadings, notices or other papers required by these rules or by orders of the Commission to be served upon a claimant, shall be sent to such attorney of record at the address designated by him, and service upon him shall be deemed to be service upon the claimant.

§ 503.34a Attorney's contracts to be filed.

It

(a) There shall be filed with the Clerk a certified copy of the contract under which the attorney, or attorneys, representing a claimant may act. shall not be necessary to file more than one contract even though the attorney, or attorneys, representing a claimant files more than one petition for the same claimant.

(b) The Clerk shall keep in a file, separate from the petition, all contracts filed pursuant hereto; they shall be consecutively numbered, show the date filed, and the Clerk shall endorse thereon the docket numbers of the cases to which they apply. The Clerk shall also note on the appearance docket the number of the contract of the attorney, or attorneys, representing the claimant. The Clerk shall prepare and maintain an index, alphabetically arranged, of all contracts filed with him.

§ 503.34b Attorney's fees and expenses. (a) All applications of attorneys for Indian claimants for fees or reimbursable expenses shall be by petition prepared in clear typewritten or reproduced form. The petition for reimbursable expenses shall be itemized showing time, place, purpose and amount of each item incurred or paid by the applicants, and as to items paid by or on behalf of the applicants there shall be filed with the petition, receipts or other evidences of payment. The petition for reimbursable expenses shall be verified by affidavit of an applicant stating that the allegations of the petition are true to the best of the knowledge and belief of the

affiant, and that no part of any of the items set forth in the petition has been paid by the Indian claimant, or on its behalf, by any officer or agency of the United States, except as shown in the petition.

(b) An original and seven copies of such petitions shall be filed with the Clerk of the Commission and four copies thereof shall be served upon the Attorney General in the manner provided by § 503.3 but the vouchers covering payments referred to above need be filed only with the original petition. Upon receipt of such petitions, the Clerk shall mail two copies thereof to the Commissioner of Indian Affairs.

(c) Notice of hearing on such petitions shall be given by the Clerk to the Attorney General, to the chief or other head officer of the claimant, if there be one, otherwise to the claimant in care of the agency superintendent under whose jurisdiction the claimant may be, to the Commissioner of Indian Affairs, to the attorney of record for claimant, and to such agency superintendent. The notice of hearing sent to the claimant shall be accompanied by a copy of the petition, or petitions, as the case may be. § 503.35 Attorneys to register.

An attorney of record, on appearing in a case, shall register with the Clerk of the Commission his name and post office address or the designation as such and his post office address may be shown at the end of the petition. § 503.36

tion.

Attorney's death or incapacita

the Supreme Court of the United States or in any other Federal court, or in any court of record of any State or Territory, he shall be forthwith suspended from practice before this Commission; 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, or suspended, he shows good cause to the contrary within 30 days, he shall be barred from appearing before the Commission as attorney for any claimant.

§ 503.39 Clerk, docket and journal.

(a) The administrative officer of the Commission, unless one is otherwise designated, shall be the clerk who shall receive and file all pleadings, reports, orders, briefs, documents and other papers, and shall keep all records connected with all claims filed with the Commission. He shall also perform such other duties as the Commission may from time to time prescribe.

(b) The Clerk shall, after filing, promptly mail or deliver to the party not filing the same, the required number of copies of all pleadings, motions, briefs, notices, or other papers, not required to be served by a party, and shall note on the docket the date the same were so mailed or delivered.

(c) The Clerk shall be custodian of the seal of the Commission and shall affix the same to all papers, subpoenas, or insruments that he is now or may hereafter be required to sign or certify in his official capacity. He shall authenticate all papers where an authentication is required, under his hand and the seal of the Commission.

(d) It shall be the duty of the Clerk to keep an appearance docket in which there shall be separately entered the title of each claim, the names of the attorneys filing the same and the designated attorney of record; and there shall be entered thereon, on the date received, each pleading, motion, demurrer, brief, and other paper filed in a cause. Following each entry showing the filing of a paper required to be recorded in the Journal of the Commission, there shall be shown the volume number of the Journal, and the page thereof in which the paper is recorded.

(e) (1) The Clerk shall keep a journal in which shall be recorded in each cause all orders (except orders setting claims, motions and objections down for hearing, and orders changing time to plead, filing of proposed findings of fact and objections thereto, and briefs) made by the Commission or a Commissioner, the final determination of each claim, including the way each Commissioner voted thereon, but the Commission's findings of fact need not be recorded as part of an interlocutory or final order.

(2) The instrument or instruments by which employees of the Commission are designated by the Chief Commissioner for the purpose of administering oaths and examining witnesses shall be recorded in the journal.

(3) The journal shall be approved by the Commission, or any two members thereof.