Section INDIAN CLAIMS COMMISSION GENERAL RULES OF PROCEDURE Section 1 Plaintiffs. papers. motions. 7 General rules of pleading. 8 Capacity. 9 Form of pleadings and motions. 10 Signing of pleadings. 11 Defenses and objections. 12 Counterclaim and set-off. 13 Amended and supplemental pleadings. 14 Interrogatories to parties and depositions pending action. 15 Depositions to perpetuate testimony. 16 Persons before whom deposi tions may be taken. 17 Depositions upon oral exami nation. 18 Depositions of witnesses upon written interrogatories. 19 Effect of errors and irregu larities in depositions. 20 Calls on departments or agen cies of the Government. 21 Documentary evidence. 22 Hearings. 23 Evidence. 24 Subpoena. 25 Consolidation; separate trials. Preliminary decision and report. 27 Exceptions to the report. 28 Briefs. 29 Reply brief. 30 Trial calendar. 31 Evidence in other cases. 32 Stipulations. 33 Motions for rehearing and for amendment of findings. 34 Claims filed by attorney. 34a Attorney's contracts to be filed. 34b Attorney's fees and expenses. 35 Attorneys to register. 36 Attorney's death or incapaci tation. 37 Attorney's qualification. Disbarment and suspension. 39 Clerk, docket and journal. 40 Seal. 41 Copies. 42 Method of citing. (a) Claims within the jurisdiction of the Indian Claims Commission of the United States (60 Stat. 1049), hereafter referred to in this part as the Commission, may be presented by any Indian tribe, band or other identifiable group of American Indians. (b) Claims by Indian tribes, bands or groups which have tribal organizations recognized by the Secretary of the Interior as having authority to represent such tribe, band or group shall be filed and presented by the duly appointed or elected officers of such organization, except as provided in paragraph (c) of this section. (c) Where by virtue of fraud, collusion or laches on the part of a recognized tribal organization a claim has not been presented (or has not been included as part of a presented claim), any member of such tribe, band or group may file claim on behalf of all the other members of such tribe, band or group upon complying with the provisions of Sec. 8 (a). (d) Claims on behalf of any unorganized tribe, band or other identifiable group may be filed by any member of such tribe, band or identifiable group as the representative of all its members. (e) Parties filing claims before the Commission shall be designated as the plaintiffs and the United States shall be designated as the respondent or defendant. (a) A claim shall be commenced by the filing of a petition with the Commission. (b) Twenty printed copies of each petition shall be filed. The Commission on motion accompanving a typewritten petition assigning good and sufficient cause, may waive or postpone printing of the petition. When printing of the petition is waived 8 legible typewritten copies thereof shall be filed. |
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