conducting the hearing, provided that request for this privilege be made during or before the last session held by him for receiving evidence. In case of denial of this privilege, the grounds upon which it was deemed impracticable to receive briefs will appear in the records of the hearing.

2. Briefs must be typewritten or printed and comply with the requirements of section VIII hereof. The date of each brief must appear on its front cover or title page. Each brief shall contain a statement of the case; an abstract of the evidence relied upon by the party filing it, preferably arranged by subjects, with reference to the pages of the record or exhibit where the evidence appears; and the argument in support of the contentions. It should also include requests for such specific findings, orders, or decisions as the party believes the commission should make. The abstract of evidence should follow the statement of the case and precede the argument.

3. All briefs must be accompanied by notice, showing service upon all other parties or their attorneys who appeared at the hearing or on brief, and five copies of each brief shall be furnished for the use of the commission. Unless otherwise directed by him at the close of the hearing, briefs in cases heard before a field representative should be filed with him, together with evidence of service. In all other cases briefs should be filed with the executive secretary at the. offices of the commission in the city of Washington. Briefs not filed and served on or before the dates fixed therefor will not be received except by special permission of the commission. Applications for extension of time in which to file briefs shall be by motion in writing, stating the facts on which the application rests, which must be filed with the commission at least five days before the time fixed for filing such briefs.

4. Briefs for the various parties shall be filed in the order prescribed for the taking of their testimony at hearings. At the close of the testimony in each case the presiding officer will fix the time for filing and service of the respective briefs.

5. If oral argument before the presiding officer is desired, he should be so notified at or before the hearing, and may arrange to hear the argument at the close of the testimony within such limits of time as he may determine, having regard to other assignments for hearing before him. Such argument will be transcribed and bound with the transcript of testimony and will be available to the commission for consideration in deciding the case. The making of such argument shall not preclude oral argument before the commission, on approval of petition therefor as hereinafter provided.

V. SERVICE

1. Formal complaints and, upon leave granted, petitions in intervention, supplemental complaints, cross complaints, and amended complaints will be served by the commission, and copies of each must be furnished in such number as is hereinafter provided. Such service will be by registered mail or otherwise as may be appropriate in each specific case.

2. Protests, petitions, answers, motions, briefs, and all other papers, except depositions, in formal proceedings pending before the commission shall, when filed or tendered for filing with the commission, show service thereof upon all parties to the proceedings. Such service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy to each party.

3. When any party has appeared by attorney, service upon such attorney will be deemed service upon the party.

VI. STIPULATIONS

1. The parties may, by stipulation in writing filed with the commission or presented at a hearing, agree upon any facts involved in the proceeding; but such agreement between the parties shall not bind the commission as to such facts or otherwise in any matter affecting the public interest or the rights or interests of the United States.

VII. DEPOSITIONS

1. The deposition of a witness for use in a proceeding pending before the commission may, after issue is joined and upon approval of the commission, be taken in compliance with the following rules of procedure, and not otherwise.

2. Such depositions may be taken before any United States commissioner, before any judge or clerk of a court of record in any State or Territory, or before any notary public not being of counsel or attorney to any party or interested in the result of the proceeding or investigation, according to such designation as the commission may make. Where such deposition is taken in a foreign country it may be taken before an officer or person designated by the commission or agreed upon by the parties by stipulation in writing to be filed with the commission.

3. Any party desiring to take the deposition of a witness in such a proceeding shall notify the commission to that effect, and in such notice shall state the time when, the place where, and the name and post-office address of the party before whom it is desired that the deposition be taken, the name and post-office address of the wit

ness, the facts to which the witness is expected to testify, and the reasons why such witness can not appear in person to testify, whereupon the commission, if it approves the request, will make and serve upon the parties or their attorneys an order wherein the commission shall name the witness whose deposition is to be taken, state the facts recited in the foregoing notice, and specify the time when, the place where, and the party before whom the witness is to testify; but the time, place, and party so specified may or may not be the same as named in said notice to the commission. If the opposing party and the commission are agreed upon the truth of the recited facts, they will be accepted as stated and the deposition will not be taken.

4. Every person whose deposition is taken shall be cautioned and sworn (or affirmed, if he so request) to testify the whole truth and nothing but the truth concerning the matter about which he shall testify, and shall be carefully examined. His testimony shall be reduced to typewriting by the officer before whom the deposition is taken, or under his direction, after which the deposition shall be subscribed by the witness and certified in usual form by the officer. After the deposition has been so subscribed and certified it shall, together with as many copies thereof made by such officer under seal as there are parties to the proceeding, be mailed in an envelope addressed to the commission at its office in the city of Washington. Upon receipt of the deposition and copies the commission will file the original of the deposition in the record of the proceeding, and will forward the copies thereof to the several parties or to their attorneys.

5. Depositions shall conform to the specifications of section VIII hereof.

6. Except upon mutual consent of all parties to the proceeding no deposition shall be taken until after six days' notice to the parties, and where the deposition is taken in a foreign country such notice shall be at least 15 days.

7. No such deposition shall be taken either before the proceedings are at issue, or, unless under special circumstances and for good cause shown, within 10 days prior to the date of the hearing thereof assigned by the commission, and where the deposition is taken in a foreign country it shall not be taken after 30 days prior to such date of hearing.

8. Witnesses whose depositions are taken pursuant to these rules and persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States, which fees shall be paid by the party or parties at whose instance the depositions are taken.

VIII. SPECIFICATIONS AS TO PROTESTS, PETITIONS, COMPLAINTS, ANSWERS, BRIEFS, ETC.

1. All formal protests, petitions, complaints, answers, motions, depositions, or other papers to be filed must be typewritten or printed. If typewritten, they should be on letter-size paper approximately 812 by 11 inches with the impression on only one side of the paper. If printed they, as well as briefs, should be in 10 or 12 point type on paper of approximately 6 by 9 inches, and with double-leaded text and single-leaded citations.

2. Protests, petitions, complaints, answers, and motions must be signed in ink by the party making the same, or by his or its duly authorized attorney, and must show the office and post-office address of the signer.

IX. DOCKETS AND PRECEDENCE OF CASES

1. All cases involving hearings before the executive secretary or other officer of the commission (but not cases involving field hearings before a representative of the commission) will, when hearing therein has been ordered, or petition therefor has been granted, be placed upon a "hearings docket " as of the date of the order or grant. Cases involving original hearings before the commission itself at its discretion or upon petition therefor will, when so directed or when petition therefor has been granted, be likewise placed upon the hearings docket. Cases will be taken up in the order in which they appear on said docket subject, in all cases involving original hearings before the commission, to the right of the commission to advance for hearing or to postpone, on good cause shown, and subject in all other cases to the right of the executive secretary likewise to advance for hearing or to postpone, on good cause shown.

2. All cases involving hearings before the commission on petition to review reports or recommendations of the executive secretary or other officer of the commission will, when petition therefor has been granted, be placed upon a "review docket" as of the date of the granting of the petition and will be heard in the order in which they appear thereon unless, on good cause shown, they are advanced for hearing or are postponed.

3. All cases involving matters of accounting, valuation, project costs, complaints under section 19 and/or 20 of the act, or similar matters in which preparation for hearing or other action of the commission makes necessary or desirable an examination of the accounts, books, records, or other papers or documents of an applicant, respondent, or defendant, will, when such examination has been ordered, be placed on an "audits docket," and will thereafter

be taken up for examination in the order in which appearing on such docket, unless, on good cause shown, they are advanced for audit or are postponed. Completion of audit and report thereon in any case shall automatically remove such case from the audits docket.

X. REHEARING, REARGUMENT, RECONSIDERATION, AND REVIEW

1. Upon the conclusion of a hearing other than one before the commission itself, and upon the completion of the record therein, the executive secretary will prepare or cause to be prepared a report and recommendations upon the matter pending, together with a proposed order, finding or decision, which, before submission to the commission, will be served upon each party to the proceedings, and will be made public for a specified period, at the end of which time, unless petition has been filed for a rehearing or reargument before the officer conducting the hearing and has been granted or is still pending, or unless petition has been filed for review by the commission, the proposed report, recommendations, order, finding, and/or decision will be presented to the commission for final action.

2. Applications for further hearing or for reargument in a proceeding before final submission to the commission, or for review by the commission either before or after such final submission, must be made by petition, stating specifically the grounds relied upon, and served by the petitioner upon all parties or attorneys who appeared at the hearing, on oral argument or on brief. Approval of such petitions shall rest, as the case may be, with the commission or with the officer before whom rehearing or reargument is requested.

3. If application is made for further hearing in order to offer additional evidence, the petition therefor must state the nature and purpose of the new documentary or other evidence which it is desired to present and must show why such evidence was not offered seasonably and must show that it is not merely cumulative. If the proposed evidence was not known to the applicant, or was not available to him at the original hearing, that fact must be shown by affidavit attached to the petition.

4. If the application is for reargument, the petition therefor must specify the matters claimed to have been erroneously decided, or the errors alleged to have been made.

5. If application is for reconsideration of a dismissal of any complaint or petition, the petition therefor shall state clearly and concisely the facts and arguments upon which such reconsideration is requested, and if dismissal has been by formal ruling, shall specify the particular part or parts of such ruling to which exception is taken and the grounds for such exception.