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briefs have been filed as provided in one motion. After the Commission has $ 503.39.

announced its decision

upon such (d) Nonappearance of parties. If at motion no other motion for a rehearthe time set for hearing there be no ing shall be filed by the same party appearance for the moving party, the unless by leave of the Commission. Commission may treat the motion as Motions for a rehearing shall be filed submitted or waived, or, for good within 30 days from the time the Comcause shown, continue or strike it from mission's aforesaid conclusions on its the motion calendar. If there be no ap- findings of fact are filed with the pearance for the opposing side, it may Clerk. be treated as conceded.

(b) A motion for re-hearing shall be

founded upon one or more of the fol$ 503.31 Evidence in other cases.

lowing grounds: First, error of fact; (a) Documents. Any information or second, error of law; and, third, newly papers duly certified from any depart- discovered evidence. ment or agency of the Government (1) A motion founded upon an error and filed in any case may, by leave of of fact shall specify with minuteness the Commission, a Commissioner, or the fact or facts which are regarded as an Examiner in a case being heard by erroneously found or erroneously him, on motion made therefor, be used omitted to be found by the Commisand applied in any other pending sion, with full references to the evi. cause to which the same may be appli- dence which is relied upon to support cable or pertinent.

the motion. (b) Depositions. The deposition of a (2) A motion founded upon error of witness subjected to cross-examina- law shall specify with like minuteness tion, on file in a case may be used by the points upon which the Commisleave of the Commission in another sion is supposed to have erred, with case, notice of the purpose to use it references to the authorities relied being given the adverse party; or if the upon to support the motion. Commission desires the benefit of evi- (3) A motion by either plaintiff or dence appearing in another case it defendant upon the ground of newly may, by appropriate order and upon discovered evidence shall not be enterreasonable notice to the parties and an

tained unless it appears therein that opportunity to them to be heard, con- the newly discovered evidence came to sider the same.

the knowledge of such party, its attor

neys of record, or counsel, after the $ 503.32 Stipulations.

hearing and before the motion was All stipulations shall be signed on made; that it was not for want of due behalf of the plaintiff by the attorney diligence that it did not sooner come of record, and on behalf of the United to its knowledge that it is so material States by the Attorney General, his that it would probably produce a difassistant

other representative, ferent determination if the rehearing unless made at a hearing or other pro- were granted; and that it is not cumuceeding before the Commission, a lative. Such motion shall be accompaCommissioner or an Examiner and re- nied by the affidavit of the party or corded by the reporter.

the attorney of record, setting forth:

(i) the facts in detail which the $ 503.33 Motions for rehearing and for

party expects to be able to prove, and amendment of findings.

whether the same are to be proved by (a) Whenever either party desires to witnesses or by documentary evidence. question the correctness or the suffi- (ii) The name, occupation, and resi. ciency of the Commission's conclu- dence of each and every witness whom sions on its findings of fact or to it is proposed to call to prove said amend the same, the complaining facts. party shall file a motion which shall (iii) That the said facts were unbe known as a motion for a rehearing. known to either the party or the attor. All grounds relied upon for any or all ney of record, and, if other counsel of said objections shall be included in was employed at the hearing, were un

or

known to such counsel until after the close of the hearing.

(iv) The reason why the party, the attorney of record, or counsel, could not have discovered said evidence before the hearing by the exercise of due diligence.

(c) A motion for a rehearing shall also be accompanied by the brief of the moving party, a copy of which shall be served upon the opposing party, who may file its brief in response thereto within 15 days, unless the time is extended by the Commission.

(d) All motions for rehearing or for amendment of findings, and briefs thereon, and briefs in reply to such motions, exceeding ten typewritten pages in length, shall be printed before presentation for filing in the Clerk's office, unless by order of the Commission first obtained the time for printing is extended.

(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.

(33 FR 9236, June 21, 1968, as amended at 37 FR 21939, Oct. 17, 1972)

8 503.34 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.

8 503.34b Attorney's fees and expenses.

(a) All applications of attorneys for Indian claimants for allowance of fees and reimbursement of expenses shall be by petition prepared in clear typewritten or reproduced form and shall be filed with the Clerk of the Commission within 60 days from the date of the certification by the Commission of the final award from which allowance of fees and reimbursement of expenses are sought. 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. However, where the petition requests allowance of expenses incurred in connection with appearances on behalf of the applicant's Indian client in proceedings of record before the Indian aims Commission, a member of the Commission, or an examiner appointed by the Commission and the applicant is unable to supply receipts or other evidence of incurrence or payment of such expenses, they may be allowed in a reasonable amount upon the applicant's affidavit as to their incurrence. The petition for reimbursable penses 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.

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$ 503.34a Attorney's contracts to be filed.

(a) There shall filed with the Clerk a certified copy of the contract under which the attorney, or attorneys, representing a claimant may act. It 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.

40-056 0-79--46

(b) An original and ten 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 filing of such petitions shall be given by the Clerk to the Attorney General, to the chief or other head officer of the plaintiff, if there be one, otherwise to the plaintiff in care of the agency superintendent under whose jurisdiction the plaintiff may be, to the Commissioner of Indian Affairs, to the attorney of record for plaintiff, and to such agency superintendent. The notice of application sent to the plaintiff shall be accompanied by a copy of the petition, or petitions, as the case may be, and the Commission may in its discretion, or for good cause shown, schedule a hearing on such petition, or petitions. (33 FR 9236, June 21, 1968, as amended at 34 FR 6839, Apr. 24, 1969; 39 FR 10123, Mar. 18, 1974; 39 FR 41173, Nov. 25, 1974)

8 503.38 Disbarment and suspension.

Where it is shown to the Commission that any member of the bar representing a party before the Commission has been disbarred or suspended 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, 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.

8 503.35 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.

8 503.39 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 instruments 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

nd 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, de

8 503.36 Attorney's death or incapacita

tion. If the attorney of record dies or is incapacitated, a suggestion of his death or incapacity shall be made and a motion to substitute any other attorney shall be made by plaintiff or an attorney authorized by it.

8 503.37 Attorney's qualification.

Any person of good moral character who has been admitted to practice in the Supreme Court of the United States or in any other Federal court, or in the highest court of any State or Territory, and is in good standing therein, may practice as an attorney before the Commission.

shall not apply to the General Seryices Administration Accounting Report of which the original copy shall be filed with the Clerk of this Commission.

8 503.42 Method of citing.

These general rules of procedure shall be cited by the rule number fol. lowing the decimal point, thereby omitting the prefix numbers “503".

murrer, brief, and other paper filed in a cause. Following each entry showing the filing of 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 Chairman 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 three members thereof.

PART 504—PUBLIC OBSERVATION OF

COMMISSION MEETINGS; PROHIBITION OF EX PARTE COMMUNICATIONS RELEVANT TO MERITS OF PENDING COMMISSION PROCEED. INGS

Sec. 504.1 Scope and purpose. 504.2 Definitions. 504.3 Public observation of Commission

hearings. 504.4 Public inspection of records in dock

ets. 504.5 Conduct of Commission business. 504.6 Public observation of meetings. 504.7 Closing of exempt meetings or por

tions thereof. 504.8 Procedure for announcing meetings. 504.9 Procedures for closing certain meet

ings or portions thereof. 504.10 Procedure for closing exempt meet

ings described in $ 504.7(a)(2). 504.11 Chief Counsel's certification of

closed meetings. 504.12 Maintenance of transcripts, record

ings or minutes. 504.13 Annual report to Congress. 504.14 Ex Parte Communications.

$ 503.40 Seal.

The Commission shall have an official seal, around the border of which shall be the name: “Indian Claims Commission", and in the center shall be the words: “Official Seal”.

AUTHORITY: 5 U.S.C. 552b(g), unless otherwise noted.

SOURCE: 42 FR 13823, Mar. 14, 1977, unless otherwise noted.

$ 503.41 Copies.

There shall be filed with the Clerk of this Commission 10 printed copies of requested findings of fact, objections to requested findings of fact, and briefs by the respective parties, and there shall be filed with said Clerk an original and seven copies of all motions and pleadings which may be required or permitted to be filed by this Commission. In addition to the number of printed copies herein specified there shall be filed with the said Clerk one additional printed copy for each separately docketed claim which has been joined by consolidation, intervention, or otherwise in the matter to which said requested findings of fact, objections, briefs, motions, or pleadings relate. The foregoing rule

$ 504.1 Scope and purpose.

It is hereby declared to be the policy of the Indian Claims Commission that the public is entitled to the fullest practicable information regarding its decisionmaking processes. It is the purpose of this part to provide the public with such information while protecting the rights of individuals and the ability of the Indian Claims Commission to carry out its responsibilities.

(b) An original and ten 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 bov 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 filing of such petitions shall be given by the Clerk to the Attorney General, to the chief or other head officer of the plaintiff, if there be one, otherwise to the plaintiff in care of the agency superintendent under whose jurisdiction the plaintiff may be, to the Commissioner of Indian Affairs, to the attorney of record for plaintiff, and to such agency superintendent. The notice of application sent to the plaintiff shall be accompanied by a copy of the petition, or petitions, as the case may be, and the Commission may in its discretion, or for good cause shown, schedule a hearing on such petition, or petitions. (33 FR 9236, June 21, 1968, as amended at 34 FR 6839, Apr. 24, 1969; 39 FR 10123, Mar. 18, 1974; 39 FR 41173, Nov. 25, 1974)

8 503.38 Disbarment and suspension.

Where it is shown to the Commission that any member of the bar representing a party before the Commission has been disbarred or suspended from practice in the Supreme Court of the United States or in any other Fed. eral 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 ad. dress 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.

$ 503.35 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.

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$ 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, re. ports, 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 instruments that he is now or may hereafter be required to sign or certify in his official capacity. He shall authenticate all papers where an au. thentication 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, de

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8 503.36 Attorney's death or incapacita

tion. If the attorney of record dies or is incapacitated, a suggestion of his death or incapacity shall be made and a motion to substitute any other attorney shall be made by plaintiff or an attorney authorized by it.

$ 503.37 Attorney's qualification.

Any person of good moral character who has been admitted to practice in the Supreme Court of the United States or in any other Federal court, or in the highest court of any State or Territory, and is in good standing therein, may practice as an attorney before the Commission.

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