(d) Subpoena for Taking Depositions; Place of Examination: (1) Proof of service of a notice to take a deposition as provided in Rules 32 (a) and 33 (a) constitutes a sufficient authorization for the issuance by the Clerk of a subpoena for the persons named or described therein. The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 29 (b), but in that event the subpoena will be subject to the provisions of subdivision (b) of Rule 32 and subdivision (b) of this Rule 44.

(2) A witness may be required to attend an examination upon deposition only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by order of the Court or of the Commissioner.

(e) Subpoena for a Hearing or Trial: (1) At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the Clerk. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within 100 miles (by the shortest usual means of travel) of the place of the hearing or trial specified in the subpoena; but the Court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.

(2) A subpoena directed to a witness in a foreign country shall issue under the circumstances and in the manner and be served as provided in 28 U.S.C. 1781-1785.

(f) Contempt: Failure by any person without adequate excuse to obey a subpoena served upon him may be reported to the Court by the Commissioner and may be deemed contempt of the Court.

(g) Subpoenas by Commissioner: Upon application to the Clerk, subpoenas bearing the seal of the Court and the signature of the Clerk, with the remainder blank, will be issued to a Com

missioner who may order service on his own motion or release them to parties for service.

RULE 45. COMMISSIONER'S REPORT

(a) Content; Findings of Fact; Conclusions of Law: In every case involving controverted issues of fact the Commissioner shall ascertain the facts from the evidence and file with the Clerk a report of his findings, which report shall constitute a part of the record. In any such case wherein it appears to the Court that the Commissioner's recommendation for conclusions of law would expedite the disposition of the case, the Court may direct him to include such recommendation in his report.

(b) Requests for Findings; Briefs; Time for Filing: Unless otherwise directed by the Commissioner, the plaintiff shall have 30 days after the Commissioner has filed a notice in the Clerk's office of the closing of the evidence within which to request in writing findings of fact and, in cases wherein the Commissioner has been directed to recommend conclusions of law, to file his brief on the law; and the defendant shall have 30 days after the filing of plaintiff's findings (and brief, if required) to request in writing findings of fact (including objections, if any, to plaintiff's findings) and, in cases wherein the Commissioner has been directed to recommend conclusions of law, to file its brief on the law. The Commissioner may allow the plaintiff a reasonable time to file objections to defendant's findings or to file a reply brief.

(c) Form and Content of Requests: The requests for findings shall be a statement in the form of distinct numbered propositions of the facts which the party desires to have found; each proposition shall be so prepared with respect to its length, subject, and phraseology that the Commissioner and the Court may conveniently pass upon it; each statement of fact shall be supported by citations to the pages or parts of the record relied upon to establish such fact; and the several propositions of fact shall be so

arranged as to present a concise statement in orderly and logical sequence of the whole case.

(d) Content of Briefs: Every brief submitted pursuant to this rule shall include, to the fullest extent possible, all propositions of law and citations of authority upon which the party relies.

(e) Failure To File: If any party shall fail to file requested findings, or in cases wherein the Commissioner has been directed to recommend conclusions of law, if any party shall fail to file a brief, within the time required by this rule or as fixed or extended by the Commissioner, a memorandum reciting such failure may be filed with the Clerk by the Commissioner, whereupon the Court may refuse to consider any or all exceptions to the Commissioner's report by the party so in default.

Unless a party shall have requested a particular finding of fact, the Court may refuse to consider his exception to the Commissioner's report for failure of the Commissioner to make such finding.

(f) Filing of Requested Findings and Briefs: Requested findings, objections thereto, and briefs submitted under this rule need not be printed. An original of each shall be filed with the Clerk, together with a copy for the use of the Commissioner and an additional copy for service upon each adverse party as provided by Rule 3.

In the event the Commissioner directs the parties to file their requested findings simultaneously instead of consecutively, each party shall mail the original and necessary copies to the Commissioner for filing by him instead of filing the requests directly with the Clerk's office. After the receipt of findings from both parties, the Commissioner will file the findings simultaneously in the Clerk's office with copies for service by the Clerk.

(g) Notice of Commissioner's Report: Upon the filing of the Commissioner's report, the Clerk shall mail a notice of that fact and 5 copies of the printed report (or one copy of a memorandum report) to each party as provided by Rule 3.

RULE 46. EXCEPTIONS AND BRIEFS AFTER COMMISSIONER'S REPORT

(a) Commissioner's Report as Basis for Judgment: In any case wherein the Commissioner's report includes his recommendation for conclusions of law, as provided by Rule 45 (a), the Court may, upon motion by any party and pursuant to Rule 48, adopt the Commissioner's report as the basis of its judgment in the case, unless notice in writing of intention to except to the Commissioner's findings or recommendation is filed by one or more parties within 15 days after the filing of such report. Such adoption may similarly be made in any such case upon failure of the party who is required to be the first to file exceptions and brief after the incoming of the Commissioner's report to file such exceptions and brief within the time required. When defendant is the only party who files notice of intention to except to the Commissioner's findings or recommendation, it shall, within 45 days after the filing of the Commissioner's report, file its exceptions and brief, and thereafter all proceedings shall be as provided in subdivision (b) of this rule in respect to opposition and reply briefs, except that the plaintiff may oppose and the defendant may reply. In addition to the original of the notice of intention to except, there shall be filed one copy for the Commissioner and one copy for each adverse party, which shall be served as provided in Rule 3.

(b) Time for Filing Exceptions and Briefs: Subject to the provisions of subdivision (a) of this rule any party may except to the report of the Commissioner and file his brief on the facts and the law in any case in conformity with the following requirements. Plaintiff shall have 45 days from the time the Commissioner's report is filed within which to file his exceptions to the Commissioner's findings and his brief on the facts and the law of the case, except in Indian tribal cases where plaintiff may have 60 days. The defendant shall have 30 days from the date plaintiff's exceptions and brief are filed within which to file de

fendant's exceptions to the Commissioner's findings and its brief on the facts and the law of the case, except in Indian tribal cases where defendant may have 60 days. Plaintiff shall have 20 days from the date of filing of defendant's brief within which to file a reply brief. In all cases where the Commissioner has filed a memorandum report stating that all of the facts have been stipulated, the parties shall have the same time for filing their briefs as above prescribed, except that plaintiff shall file his brief within 30 days after the filing of the Commissioner's memorandum report. Unless otherwise ordered by the Court, such stipulation shall be duplicated by the plaintiff in conformity with Rules 81 to 83. At the plaintiff's option the stipulation may be included in his brief or duplicated as a separate document and filed with his brief.

The parties may, by stipulation filed with the Clerk, extend the time for the filing of exceptions and briefs for a period not exceeding that specified by this rule for the filing of such documents.

(c) Form and Content: The exceptions and briefs may be contained in a single document or in separate documents, produced in conformity with subdivision (f) of this rule. Appropriate references shall be made at the end of each exception to the parts of the record relied upon in support thereof. Briefs more than 10 pages in length shall contain (on a separate page or pages) a subject index or table of contents and a table of cases and statutes cited.

(d) Submission Without Briefs: In lieu of filing a brief, a plaintiff may, within 30 days after the filing of the Commissioner's report, file with the Clerk a statement that plaintiff elects to submit the case on the Commissioner's report without a brief. In like manner the defendant may, within 30 days (60 days in Indian tribal cases) after plaintiff has filed either a brief or a statement as above authorized, file its brief or a statement that it elects to submit the case on the Commissioner's report without