Departmental Advice

Filing fees to be charged in third-party actions are as follows:

If the third-party complaint is filed after the defendant has already paid a fee for filing the answer or other paper, he need pay no additional fee. If he filos the third-party complaint before he has filed his answer or other paper, ho must at that time pay the fee required by Section 550 of U. S. Codo, Title 28, 1.0., $5 if he is the first defendant to file a paper, or 2 if another defendant had previously paid the $5 fou. Ho thereafter nood pay no additional fee when he files an answer or other paper.

The third-party defondant should pay the fee of $2 provided by Section 550 upon filing his answer or other paper.

(Lotter, Quinn to William A. Wollshear, Clerk, United States District Court, Fort Smith, Arkansas, datod October 31, 1938; D. J. File No. 123106-5)

Subsection (b) Scope of Examination

Eastern District of New York

October 26, 1938

Frank D, Lavorott v. The Continental Briar Pipe Co.

MOSCOWITZ, D. J.

These are two motions;

one by the defendant to modify the notice to take the deposition of one Jerome Gevirman, president of the defondant corporation, the other by the plaintiff for an order directing the Clerk of this Court to issue a subpoena duces to cum directed to Jerome Gevirman for him to attend before a certain Notary Public in the County and State of New York, and directing tho said Govirman to bring with him and produce certain books, records and papers moro particularly described in the affidavit of John M. Murtagh annexed to the motion papers.

The defendant Continental Briar Pipe Company, Inc., has its principal office and place of business at 80 York Street, County of Kings, City and State of New York, where all the books and records of the business of the defendant aro kopt. Jerome Gevirman, president of the defendant corporation, resides at 132 Dover Street, Borough of Brooklyn, County of Kings, City of New York.

Rule 45 of the Rules of Civil Procedure for the District Courts of the United States,. Subdivision (d) (2) provides:

"A resident of the district in which the deposition is
to be taken may be required to attend an examination only in
the county whorein ho resides or is employed or transacts
his business in person."

Gevirman therefore should not be required to attend an examination in the County of Now York as ho does not reside nor is he employod nor transacts his business in person in New York. The examination should procood in the County of Kings. Upon the settlement of the order to be entered upon this motion the court will decide, after hearing the attorneys, whether the examination shall take place at the United Status Court House, located in the Borough of Brooklyn, County of Kings, State of New York, or at the defondant's place of business, located at 80 York Stroot, Borough of Brooklyn, County of Kings, Stato of Now York.