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 570
... shown , reparation will not be awarded upon a complaint in which it is not specifically asked for , nor upon a new complaint by or for the same com- plainant which is based upon a finding in the original proceeding . Wherever a rate ...
... shown , reparation will not be awarded upon a complaint in which it is not specifically asked for , nor upon a new complaint by or for the same com- plainant which is based upon a finding in the original proceeding . Wherever a rate ...
Page 571
... shown . [ Rule 5 ( d ) . ] § 502.65 Replies to answers not per- mitted . Replies to answers will not be per- mitted . New matters set forth in re- spondent's answer will be deemed to be controverted . [ Rule 5 ( e ) . ] § 502.66 Order ...
... shown . [ Rule 5 ( d ) . ] § 502.65 Replies to answers not per- mitted . Replies to answers will not be per- mitted . New matters set forth in re- spondent's answer will be deemed to be controverted . [ Rule 5 ( e ) . ] § 502.66 Order ...
Page 572
... shown , motion for a bill of particulars also may be filed after answer is made and within a reasonable time prior to hearing . [ Rule 5 ( k ) . ] § 502.72 Petition for intervention . ( a ) A petition for leave to intervene may be filed ...
... shown , motion for a bill of particulars also may be filed after answer is made and within a reasonable time prior to hearing . [ Rule 5 ( k ) . ] § 502.72 Petition for intervention . ( a ) A petition for leave to intervene may be filed ...
Page 573
... shown for the failure to file the petition within the 30 - day period ; provided , however , the use of Subpart L procedures by an intervener whose petition was filed beyond the 30- day period described above will in no event be allowed ...
... shown for the failure to file the petition within the 30 - day period ; provided , however , the use of Subpart L procedures by an intervener whose petition was filed beyond the 30- day period described above will in no event be allowed ...
Page 576
... of them need be served . [ Rule 8 ( e ) . ] § 502.116 Date of service . The date of service of documents served by the Commission shall be the date shown in the service stamp thereon . The date 576 § 502.112 Title 46 - Shipping.
... of them need be served . [ Rule 8 ( e ) . ] § 502.116 Date of service . The date of service of documents served by the Commission shall be the date shown in the service stamp thereon . The date 576 § 502.112 Title 46 - Shipping.
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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.