Rules of Practice and Procedure in Proceedings Under the Shipping Act, 1916, Merchant Marine Act, 1920, Intercoastal Shipping Act, 1933, Merchant Marine Act, 1936, Administrative Procedure Act, and Related Acts with Approved Forms: Effective January 1, 1975U.S. Government Printing Office, 1975 - 50 pages |
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Page 563
... Counsel . 502.43 Substitution of parties . 502.44 Necessary and proper parties in A43 1975 certain complaint proceedings . ́Subpart D - Rule Making ( Rule 4 ) 502.51 Petition for issuance , amendment or repeal of rule . 502.52 502.53 ...
... Counsel . 502.43 Substitution of parties . 502.44 Necessary and proper parties in A43 1975 certain complaint proceedings . ́Subpart D - Rule Making ( Rule 4 ) 502.51 Petition for issuance , amendment or repeal of rule . 502.52 502.53 ...
Page 566
... counsel or other duly qualified repre- sentative , in any proceeding under the rules in this part . Any party or his representative may testify , produce and examine witnesses , and be heard upon brief and at oral argument if oral argu ...
... counsel or other duly qualified repre- sentative , in any proceeding under the rules in this part . Any party or his representative may testify , produce and examine witnesses , and be heard upon brief and at oral argument if oral argu ...
Page 567
... counsel to be notified immediately of the service of decisions of the presiding officer and the Commission by collect telephone call or telegram . Copies of this form may be obtained from the Office of the Secretary . [ Rule 2 ( c ) ...
... counsel to be notified immediately of the service of decisions of the presiding officer and the Commission by collect telephone call or telegram . Copies of this form may be obtained from the Office of the Secretary . [ Rule 2 ( c ) ...
Page 569
... Counsel " and shall be served with copies of all papers , pleadings , and documents in every pro- ceeding in which Hearing Counsel is a party . Hearing Counsel shall actively participate in any proceeding to which he is a party , to the ...
... Counsel " and shall be served with copies of all papers , pleadings , and documents in every pro- ceeding in which Hearing Counsel is a party . Hearing Counsel shall actively participate in any proceeding to which he is a party , to the ...
Page 574
... counsel ; ( viii ) Such other matters as may aid in the disposition of the proceeding . ( 2 ) The presiding officer may require , prior to the hearing , exchange of ex- hibits and any other material which may expedite the hearing 574 ...
... counsel ; ( viii ) Such other matters as may aid in the disposition of the proceeding . ( 2 ) The presiding officer may require , prior to the hearing , exchange of ex- hibits and any other material which may expedite the hearing 574 ...
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Common terms and phrases
Administrative Law Judge admission affidavit amended by Amdt answer application attorney at law bill of lading briefs carrier cause shown ceeding certify claim clude Commis Commission's common carrier complaint conciliator conform consignee consignor copies counsel date of service day of SEAL days after date deemed dence deponent designated docu documents employee evidence examination facts Federal Maritime Commission fifteen 15 filed freight charges initial decision intervene investigation issuance issues letter rogatory matter memorandum ment mission motion Notary Public notice oath objection Offer of proof oral argument oral hearing paragraph person petition pleading presiding officer prior Procedure proceeding pursuant reasonable record reparation required by statute respondent rogatory Rule 5(n rule or order Sept served shipments Shipping Act signed sion sought Special Docket specified statement Subpart H subpena taking the deposition tariff testimony thereof tion transcript unless otherwise unless the presiding verified waived waiver witness
Popular passages
Page 585 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope endorsed with the title of the action and marked "Deposition of (here insert name of witness...
Page 579 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
Page 583 - Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
Page 585 - Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under...
Page 575 - The signature of an attorney constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay.
Page 585 - ... state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress...
Page 589 - Refusal to Make Discovery: Consequences. (a) REFUSAL TO ANSWER. If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer.
Page 584 - Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Page 586 - Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party.
Page 586 - Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer.