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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 afiant, 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 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 F.R. 6839, Apr. 24, 1969]
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. 8 503.36 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. 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. & 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 afix the same to all papers, subpoenas, or insruments that he is now or may hereafter be required to sign or certify in his oficial 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 Chairman for the pur
pose 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. § 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”. 8 503.41 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 filled 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 shall not apply to the General Services Administration Accounting Report of which the original copy shall be filled with the Clerk of this Commission. $ 503.42 Method of citing.
These general rules of procedure shall be cited by the rule number following the decimal point, thereby omitting the prefix numbers “503.".
A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.
Table of CFR Titles and Chapters