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RULE 85. FOR CERTIFIED COPIES

For each certified copy of findings of fact and opinion of the Court, a fee of 25 cents is fixed for 5 pages or less; 35 cents for those over 5 and not more than 10 pages; 45 cents for those over 10 and not more than 20 pages; and 50 cents for those of more than 20 pages.

RULE 86. EFFECTIVE DATE

These rules will take effect on May 15, 1951. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the Court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

INSTRUCTIONS TO REPORTERS AND FORMS

The following are intended as a guide to reporters in preparing the transcripts of testimony taken and proceedings had before the Commissioners of the United States Court of Claims.

CAPTION PAGE

1. There shall be stated on the caption page (1) the style of the cause in which the testimony is taken; (2) the place and date of its taking; (3) the name of the party by whom each witness is called; and (4) the name of the Commissioner and the appearances of counsel. See Form A, hereinafter mentioned.

TESTIMONY

2. It shall appear in the transcript of the proceedings and testimony by whom each witness was examined and cross-examined. At the top of each page shall appear the name of the witness, and the nature of his examination, such as "Roe direct," "Roe cross," "Roe redirect."

PREPARATION OF TRANSCRIPT

3. The reporter shall transcribe all testimony on nontransparent white paper, either 81⁄2 inches wide by 11 inches long or 8 inches wide by 101⁄2 inches long, bound on the left margin. The pages shall be numbered consecutively.

It shall not be necessary for the witnesses to sign the transcripts of their testimony.

EXHIBITS

4. All exhibits offered by the party shall bear the caption and number of the case, the exhibit number, whether for plaintiff or defendant, and the number of sheets in each exhibit. All exhibits shall accompany and be filed with the transcript of the testimony, but shall not be affixed thereto.

CERTIFICATE OF REPORTER

5. The reporter shall append to the transcript of the testimony a certificate similar to Form B, hereinafter mentioned. Said certificate shall be signed by the reporter.

INDEX

6. At the beginning of the transcript of testimony there shall be an index containing (1) the names of the witnesses examined, citing the pages of the transcript where direct, cross, redirect, or recross examination of the respective witnesses began; and (2) the exhibits in the case, first for the plaintiff and then for the defendant, with a brief statement of the nature of each of the exhibits with reference to the pages of the transcript where said respective exhibits were (a) offered and (b) received in evidence.

FEES OF REPORTERS

7. The fees of the reporter for the transcript filed with the Court shall be calculated upon the basis of 25 cents per folio of 100 words, and shall be paid by the party in whose behalf the testimony is taken. The minimum fee of a reporter in any trial session shall be $5.

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Wednesday, March 28, 1951-10 a. m.

TESTIMONY FOR PLAINTIFF (OR DEFENDANT)

The parties met, pursuant to notice of the Commissioner, at the time above stated, in room 123, Federal Building, Chicago, Ill. Present: Hon. A. B. See, Commissioner; John A. Jones, Esq., counsel for plaintiff; and William B. Smith, Esq., counsel for defendant.

Mr. X. Y. Zee, a reporter, was thereupon sworn by the Commissioner to well and truly take down and transcribe the questions propounded to and the answers given by the witnesses, and to do all other things required of him by the Commissioner.

Pursuant to the order of reference by the Honorable, the United States Court of Claims, in the above-entitled cause, testimony on behalf of the plaintiff (or defendant) was taken as follows:

RICHARD ROE, a witness produced on behalf of the plaintiff (or defendant), having been first duly sworn by said Commissioner, was examined, and in answer to interrogatories testified as follows:

Q1. State your name, etc.

A.

Q2. Have you (etc.).

A.

FORM B

CERTIFICATE OF REPORTER

I, X. Y. Zee, reporter, hereby certify that at the time and place aforesaid, after being duly sworn by the Commissioner, I did well and truly take down and transcribe the questions propounded to and the answers given by said witnesses so called by plaintiff (or defendant) ; and that the foregoing record is a correct transcript of the proceedings and testimony so had therein.

In witness whereof I have hereunto set my hand this 28th day of March 1951.

X. Y. ZEE,

Reporter, 200 Equitable Building,

Chicago, Ill.

79

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