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. SEC. 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 capactity. 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) The clerk shall keep a journal in which shall be recorded in each cause all orders made by the Commission or a Commissioner, the final determination of each claim, including the way each Commissioner voted thereon, and 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. The journal shall be approved by the Commission, or any two members thereof. SEC. 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." t INDEX 1. Attorneys: Attorneys may file claim on behalf of claimant_ Attorney of record to register post-office address_. Who may practice before Commission_ 2. Authentication of papers: 3. Briefs: Of Petitioner accompanying request for findings of fact, provisions Clerk to authenticate papers when required_. relating to‒‒‒‒ Time for filing_. Service upon Attorney General___ Of Defendant, time for filing_-. 28 (a) 2 28 (a) 1 28 (a) 1 28 (b) 1 Allegation in suit by a member of tribal organization which fails or refuses to take action_____ 8 (b) Petition in above suit must be verified_____ 8 (b) Allegations of, in petitions on behalf of unorganized tribes, bands Clerk to receive and file all pleadings, reports, orders, briefs, 39 (a) Custodian of seal_____ 39 (c) 30 (c) Authentication of papers_-_. Clerk to mail or deliver copies of pleadings, etc., upon opposing 30 (b) party When printing waived, typewritten copies to be filed_- 2 (b) 7 (b) 7 (b) 1 Where claim is based on contract_____. 7 (b) 3 Written contract or its material parts to be annexed to.... 7 (b) 3 7 (b) 3 May be required to make more definite and certain_-_- 11 (a) 2 Amendment by leave of Commission setting forth, when allowed__ 222 12 12 12 12 8. Defenses and objections: Answer of the Government, when to be served___ 11 (a) Extension of time to plead or answer until disposition of motion When attorney will be barred from appearing before Commission__ 10. Depositions pending action and interrogatories to parties: 11. Depositions to perpetuate testimony: Notice to Attorney General and petitioner of depositions to be taken Notice of filing to be given by party taking deposition____ 17 (f) 3 13. Depositions of witnesses upon written interrogatories: Serving interrogatories, notice‒‒‒‒‒ Time for serving cross-interrogatories---- 18 (a) 18 (a) 18 (a) 18 (a) 18 (b) 18 (c) Effect of errors and irregularities in deposition, waiver as to notice 19 (a) Waiver as to disqualification of officer--. 19 (b) Other errors, irregularities and objections, how waived____ 19 (b) 2, 3 19 (d) 14. Documentary evidence: Production and use in evidence of.. 21 (a) 31 (a) Use of depositions or transcripts of other testimony, when 21 (b), 31 (b) Documents filed in other cases to be used in any pending cause when applicable or pertinent‒‒‒ 31 (a) Use of depositions filed in other cases- 31 (b) Notice to other party of intention to use such testimony--- Form of pleadings-Continued. Designation of attorney of record_. 9 (a) 6 (a) Title in petition to have names of all parties----- 9 (a) Title in pleadings other than petition requires name of only one 9 (a) All averments of claims or defenses in separately numbered 9 (b) Motions, requisites of motion papers and brief__. Statement of opposing points and brief, time for filing- When oral hearing permitted__ 22 (a) 1 22 (a) 1 22 (a) 1 22 (a) 1 Limitation in first instance to hearing on right to recover_ 22 (f) Swearing witnesses__ 22 (g) Witness need not sign testimony taken orally. 22 (g) Notice of date and place for production of witnesses and evidence-- 22 (h) Motions upon ground of newly discovered evidence, requisites__ 33 (b) 3 Time within which petitioner must submit after closing of proof-- Extension of time for filing___. Filing with original record for consideration of Commission. Reference to in connection with exceptions to the findings of fact-- 25 |