in the foreign state or country in which the record is kept, and authenticated by the seal of his office.

(b) Proof of Lack of Record: A written statement signed by an officer having the custody of an official record, or by his deputy, that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry.

(c) Other Proof: This rule does not prevent the proof of official records or of entry or lack of entry therein by any method authorized by any applicable statute or by the rules of evidence at common law.

RULE 43. EXCEPTIONS UNNECESSARY

Except as provided in Rule 46, formal exceptions to rulings or orders of a Commissioner are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the Commissioner the action which he desires the Commissioner to take or his objection to the action of the Commissioner and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.

RULE 44. SUBPOENA

(a) For Attendance of Witnesses; Form; Issuance: Every subpoena shall be issued by the Clerk under the seal of the Court, shall state the name of the Court and the title of the action and command each person to whom it is directed to attend and give testimony at a time and place therein specified. The Clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.

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(b) For Production of Documentary Evidence: A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the Court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. Where the place of trial to which the witness is summoned to appear is outside Washington, D. C., and the objecting party does not have sufficient time to file the motion and have the same acted upon before the date at which the witness is directed to appear, the motion may be filed with and acted upon by the Commissioner who is presiding at such trial. Where circumstances require, the Court or the Commissioner may act upon such a motion at any time after a copy has been served upon the opposite party.

(c) Service: A subpoena may be served by the Bailiff, by a United States Marshal, or his deputy, or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by tendering to him the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or an officer or agency thereof, fees and mileage need not be tendered.

The party at whose instance a subpoena is issued shall be responsible for the payment of witness fees and mileage as well as fees and mileage of the officer who serves the subpoena. The failure to make payment of such charges on demand may be deemed by the Court as sufficient grounds for striking the testimony of such witness.

(d) Subpoena for Taking Depositions; Place of Examination: (1) Proof of service of a notice to take a deposition as provided

in Rules 33 (a) and 34 (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 30 (b), but in that event the subpoena will be subject to the provisions of subdivision (b) of Rule 33 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 Commissioner who may order service on his own motion or release them to parties for service.

RULE 45. FINDINGS OF FACT

(a) Time for Requests: 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 defendant shall have 30 days after the filing of plaintiff's findings to request in writing findings of fact, including objection, if any, to plaintiff's findings. The Commissioner may allow the plaintiff a reasonable time to file objections to defendant's findings. Such requested findings and objections need not be printed, but an original shall be filed with the Clerk, together with an additional copy for the use of the Commissioner and an additional copy for service upon the attorney of record for each adverse party as provided in Rule 3.

(b) Form 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 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 shall be so arranged as to present a concise statement in orderly and logical sequence of the whole case. 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.

(c) Commissioner's Report: After the expiration of the time allowed the parties for filing requests for findings and objections, the Commissioner shall proceed to ascertain the facts from the evidence in the record and file with the Clerk a report of his findings, which report shall constitute a part of the record. When directed by the Court he shall also file his recommendations for conclusions of law. Upon the filing of the Commis

sioner's report, the Clerk shall mail a notice of that fact and copies of the report to the attorney of record for each party.

RULE 46. EXCEPTIONS TO COMMISSIONER'S FINDINGS; BRIEFS

(a) Time for Filing: 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 law of the case, except in Indian tribal cases where plaintiff may have 60 days. Appropriate references to the parts of the record relied upon in support thereof shall be made at the end of each exception. The exceptions and briefs may be contained in a single document or may be printed separately. 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. Subject to the same requirements, the defendant shall have 30 days from the date plaintiff's exceptions and brief are filed within which to file defendant's exceptions to the Commissioner's findings and its brief, except in Indian tribal cases where defendant may have 60 days. Plaintiff shall have 20 days from the date of filing 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 printed.

(b) Printing; Service: The exceptions and briefs prescribed by this rule shall be printed and not less than 25 copies of each shall be filed within the time prescribed, 10 of which shall be served on the attorney of record for the opposing party. A party shall file 10 additional printed copies for each additional adverse party represented by a different attorney of record.

(c) Waiver of Printing: In lieu of printed copies, a plaintiff may, by leave of Court, file, in the Clerk's office, 13 legible type