3. A statement of the questions presented if the appellee disagrees with the statement of questions presented made by the appellant.

4. Argument in support of the position of the appellee.

5. An appendix or supplement to the brief which, in addition to what is set out in paragraphs 1 to 4 hereof, shall contain such parts of the record material to the questions presented as the appellee desires to have especially considered. Asterisks or other appropriate means should be used to indicate omissions in the testimony of witnesses. Reference to the pages of the transcript should be made and the names of the witnesses should be indexed.

(d) Appellant's Reply Brief: The appellant may file a reply brief and may set forth in an appendix thereto such additional parts of the record as he may wish to have especially considered in view of the parts printed by the appellee.

RULE 64. SEPARATE DOCKET

The Clerk shall enter upon a separate docket all cases brought to and pending in this Court from the Indian Claims Commission.

RULE 65. PLACING ON CALENDAR; NONPROSECUTION;

DISMISSAL

Except by leave of Court, the Chief Judge, or the senior Judge present, only cases in which briefs, including reply briefs, have been filed on or before Thursday preceding the opening of the Court, shall be placed on the calendar, but the Court may at any time upon motion of either party or upon its own motion place any case upon the calendar after the lapse of 90 days from the docketing of the appeal. The case may then be dismissed for nonprosecution if, when the case is called, the appellant does not show cause against such dismissal.

RULE 66. CALLING OF CALENDAR; ASSIGNMENT FOR

HEARING

Appeal cases on the calendar will be called on the first Monday in each month or such other date as the Court may fix and will be assigned for hearing at the conclusion of other cases on the calendar and, after having been assigned for hearing, cases to be heard shall be posted in the Clerk's office each day for hearing on the following day, and if not then argued or submitted by the parties, or by either in the absence of the other, shall be disposed of as the Court may order.

RULE 67. CROSS-APPEALS

When cross-appeals are taken the first party to file his notice of appeal shall be regarded as the appellant for the purposes of these rules.

RULE 68. CERTIFIED QUESTIONS

Where the Commission shall certify to this Court a question of law concerning which instructions are desired for the proper disposition of a claim, the certificate shall contain a statement of the claim and of the facts on which such question arises. Questions of fact cannot be certified. The certification must be confined to definite and distinct questions of law.

The

The filing of the certification of the question with the Clerk of this Court shall constitute the docketing of the cause. procedure thereafter shall be as in cases on appeal.

The claimant before the Commission shall, for the purposes of presentation of the question, be considered the appellant in this Court.

Part II-FROM DISTRICT COURTS IN FEDERAL

TORT CLAIMS ACT CASES

RULE 69. THE APPEAL

(a) When and How Taken: When an appeal to this Court is permitted by law from a final judgment in a District Court in a

civil action based on the Federal Tort Claims Act, the procedure for taking such appeal shall be in all respects the same as provided in Rules 73 to 76, inclusive, of the Federal Rules of Civil Procedure, except that subdivisions (c), (d), (e), and (f) of Rule 73 of those rules shall not apply nor shall any bond be required in such appeal.

(b) Proceedings After Appeal Docketed: After the appeal has been docketed in the Court of Claims, all proceedings thereafter in the case shall be as provided by Rules 58 to 68, inclusive, relating to cases appealed from the Indian Claims Commission to the United States Court of Claims.

VIII. COURT AND CLERK'S OFFICE

RULE 70. TERM

The annual term of the Court shall begin on the first Monday in October. The continued existence or expiration of a term in no way affects the power of the Court to do any act or take any proceeding.

RULE 71. COURT ALWAYS OPEN

The Court shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.

RULE 72. NOTICE OF ORDERS OR JUDGMENTS

Immediately upon the entry of an order or judgment, the Clerk shall serve a notice of the entry by mail in the manner provided for in Rule 3 upon every party affected thereby, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these rules. Lack of notice of the entry by the Clerk does not affect the time allowed for filing motions under Rule 53.

RULE 73. DOCKET

It shall be the duty of the Clerk to keep a general docket in which shall be entered the title and nature of all suits brought in the Court, the names of the attorneys filing such suits, the designated attorneys of record, and all other proceedings had during the progress of the case.

RULE 74. JUDGMENTS AND ORDERS

The Clerk shall keep, in such form and manner as the Court may prescribe, a correct copy of every judgment or order subject

to review by certiorari, and any other order which the Court may direct to be kept.

RULE 75. CALENDARS

The Clerk, under the direction of the Court, shall prepare a calendar for each session of the Court.

RULE 76. WITHDRAWAL OF PAPERS

(a) Temporary Withdrawal: The attorney of record for either party, or a party not represented by an attorney, may, except where the Court otherwise directs, temporarily withdraw papers and exhibits on file in the Clerk's office for a period not to exceed 30 days; provided that, upon notice from the Clerk, the attorney or party may be required to return such papers and exhibits before the expiration of the 30-day period. The attorney or party withdrawing such papers and exhibits shall be required to sign and leave with the Clerk a proper receipt describing the papers and exhibits so withdrawn.

(b) Withdrawal for Trial: With the approval of the Commissioner to whom the case is assigned, the reporter engaged to transcribe the evidence may temporarily withdraw all papers and exhibits for use during any trial session. Upon the withdrawal of papers and exhibits for trial the reporter shall sign a blanket receipt for such papers and exhibits which shall remain in his custody until returned to the Clerk's office.

(c) Permanent Withdrawal: No papers or exhibits shall be permanently withdrawn from the Clerk's office except on motion for good cause shown and upon such terms as the Court, the Chief Judge, or a Judge may order.

RULE 77. PRINTING

Petitions, exceptions, briefs and other papers required by these rules to be printed shall be in such form and size that they can be