or in what respect they are relevant to the issues of the case in terms of discovery or proof. Such motion shall also state that such document (or copies thereof) or things are not in the possession of the moving party. Documents and things shall be deemed to be defined with reasonable particularity to the extent that each such document or thing is so identified that its extraction from the files or other method of identification and procurement may reasonably be made by the officer or employee responsible for the records. Objection that the documents or things called for would not be admissible in evidence will not be considered if it appears from the motion that such documents or things are reasonably calculated to lead to the discovery of admissible evidence.

Every motion for call upon a department or agency of the United States (1) shall be directed to the specific department or agency concerned, (2) shall be made separate and distinct from every other motion for call upon another such department or agency, and (3) shall be filed in triplicate.

(e) Use of Replies to Calls: No document or thing or information filed with the Clerk in response to a call in behalf of a party, and no information or papers supplied by any department or agency of the United States in response to a call by the Court on its own motion, shall become evidence in a case until offered by a party and received in response thereto or unless included by express direction of the Court or the Commissioner. The introduction into evidence of any such document or thing or information shall be subject to the same objections by any party as might be made to the introduction of other evidence.

(f) Refusal or Failure To Reply to Calls; Consequences: (1) Failure To Produce Documents, Papers, or Information: If any document or thing or information, called for and not produced, is thereafter offered in evidence by the party to whom the call was directed, the Court or the Commissioner may deny the offer.

(2) Refusal of Plaintiff To Reply to Call: If any plaintiff to whom a call has been directed shall refuse to reply thereto in whole or in material part, the Court or the Commissioner may order that the case shall not proceed until the call has been fully answered.

(3) Failure To Reply Within Specified Time: Failure by a party to respond to a call within the time specified in the order, or any extension thereof, may be deemed a refusal to respond, with consequences as provided in (1) and (2) above, and in Rule 36 (b) (2).

RULE 28. PRETRIAL PROCEDURE

(a) Conferences: In any action, the Commissioner to whom the case is referred may in his discretion direct the attorneys for the parties to appear before him to consider

(1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of avoiding unnecessary proof (a) by admissions of fact and (b) by the reception of documents in evidence;

(4) The limitation of the number of expert witnesses;

(5) Such other matters as may aid in the disposition of the action.

(b) Submission of Documents and Statements: In lieu of or in addition to the procedures provided in (a) above, the Commissioner may, within times to be fixed by him—

(1) Direct any party to submit to any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Copies of the documents shall be supplied with the request. Each of the matters of which an admission is requested shall be deemed admitted unless, within the period

designated by the Commissioner for the response, the party to whom the request is directed furnishes the party requesting the admission either (i) a written response denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters or (ii) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part together with a notice that the Commissioner is requested to hear the objections at the earliest practicable time. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated by the Commissioner for the response. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only a part or a qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding. Copies of all documents, requests, responses, and objections shall be furnished to the Commissioner.

(2) Direct any party whose claim is based in whole or in part on books of account or other records to furnish to the other party or parties a statement showing the items and figures intended to be proved, with adequate reference to the books or records from which such figures were taken, and to make all such books and records or any part thereof available for examination by the other party or parties. In all instances a copy of the statement of items and figures intended to be proved shall be furnished to the Commissioner.

(3) Direct any party to whom any statement of items and figures has been submitted under the provisions of (2) above,

(i) to make an examination of such books and records or waive challenge of the accuracy of the statement submitted as reflecting the contents of such books and records; and (ii) to furnish to the submitting party a schedule or schedules showing the results of such examination, with specific references to the books and records from which such figures were taken, provided that such schedule or schedules need be furnished only if the examining party finds as a result of the examination that the examining party has arrived at results and figures different from those contained in the statement submitted. In all instances where any such schedule is furnished, a copy thereof shall be furnished to the Commissioner.

(4) Direct any party to prepare and submit to the other party or parties a memorandum (with copy to the Commissioner) containing all matters requisite to a pretrial conference at which agreement may be sought as to the authenticity of documents, uncontroverted facts, issues of fact, issues of law, and the time and place (or places) and probable duration of the trial.

(5) Direct any party to whom a memorandum has been submitted under the provisions of (4) above to respond thereto, in kind.

(6) Direct any party to confer with the other party or parties at any stage of procedures pretrial on any matter pertaining thereto.

(c) Incorporation of Pretrial Proceedings Into Record: The Commissioner may make a memorandum reciting the action taken pursuant to the provisions of (a) and (b) above. Such memorandum shall become a part of the record, but may be modified by the Commissioner or by the Court upon timely application by either party. The Commissioner shall file with the Clerk the original of every such memorandum and one additional copy for each for each party to the action. Upon the filing of any such memorandum the Clerk shall mail a copy to each party.

(d) Taking of Evidence: After the matters referred to in (a), (b), and (c) above have been disposed of, the Commissioner shall proceed with the taking of such evidence as is necessary to close proof. Whenever practicable, such proof shall be taken in one continuous session or a series of consecutive sessions with a view to avoiding unnecessary intervening delays.

(e) Noncompliance by Party: In the event any of the parties fails or refuses to comply with the provisions of this rule, the Commissioner may: (1) order that the facts pertaining to the matter in default shall be taken to be established for the purposes of the action in accordance with the contention of the party submitting the documents or requests for admissions; (2) declare a waiver of challenge of the accuracy of any statement of items and figures as reflecting the contents of the books and records from which taken; (3) refuse to allow the disobedient party to support or oppose designated claims or defenses; (4) prohibit the disobedient party from introducing in evidence designated documents or items of testimony; or (5) report such noncompliance to the Court for appropriate action, which may include dismissal of the action or proceeding or any part thereof or the rendition of judgment by default against the disobedient party.

(f) Rule To Be Liberally Construed: This rule shall be construed liberally to expedite the trial of cases without depriving either party of any just claim, defense, or objection.

RULE 29. DEPOSITIONS: LEAVE; SCOPE; USE

(a) When Depositions May Be Taken: Upon written motion to and by leave of the Commissioner, or of the Court in a case not then referred to a Commissioner, any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for use as evidence in the action: Provided, however, That leave to take a deposition shall not be granted except where the Commissioner or the Court finds that it is impracticable for a Commissioner to take such testi