Commissions or letters rogatory issued under seal of court, see rule 21.

Process of court issued under seal of court, see rule 18. 2. Divisions.

(a) Divisions shall be established and designated as the "FIRST DIVISION," "SECOND DIVISION," and "THIRD DIVISION," and the judges shall be assigned thereto by the chief judge.

(b) The chief judge shall assign three judges to each of said divisions, one of whom shall be designated by him to preside in the order of seniority. Whenever the judge designated to preside does not attend, the judge who is senior as to date of appointment shall preside.

(c) The chief judge, by written order, may assign a judge of one division to another division whenever it is necessary.

(d) Whenever, in the opinion of the chief judge, the exigencies require it, he shall convene a special division to be chosen from members of the court.

CROSS REFERENCES

Divisions, powers and assignments, see section 254 of this title.

Organization of Customs Court, see sections 251 et seq. of this title.

3. Calendar calls, trial terms, and notices of trial. (a) The trial terms at New York for all cases arising by protest shall be held as follows:

(b) Before the first division: The week of each month beginning with the first Monday, except July, August, and September.

cases involving the remission of additional duties shall be held as follows:

(c) Before the second division: The week of each month beginning with the second Monday, except July, August, and September.

(g) Before the first division: Beginning on the Thursday after the second Monday of each month except July, August, and September.

(d) Before the third division: The week of each month beginning with the third Monday, except July, August, and September.

(h) Before the second division: Beginning on the Thursday after the third Monday of each month except July, August, and September.

(i) Before the third division: Beginning on the Thursday after the first Monday of each month, ex cept July, August, and September.

(e) Cases noticed for trial will not be continued beyond the week for which they are set, except upon motion of either party in open court or upon agreement of the parties thereto in writing and approved by a judge having jurisdiction thereof.

(f) The trial terms at New York for applications for review of decisions in reappraisement cases and

(j) The trial terms at New York before the judg sitting in reappraisement shall be held on such date as the judge having jurisdiction of the subject in volved may fix.

(k) Notice of calendar calls: In all cases on th New York calendars the parties plaintiff, or thei attorney of record, and all other persons who may b entitled thereto, shall be given 25 days' notice b mail of the day and hour set for the call of the calendar.

(1) In cases which, on the call of the regular cal endar, have been set for trial on a day certain, bot parties being present at the time, notice of such setting will not be given by the clerk.

(m) Trial terms at places other than New Yor shall be held at such ports as may be designated b the chief judge. The chief judge shall have pre pared and promulgated for each calendar year a lis of the ports and the dates on which such hearing wil be held together with the names of the judges as signed to conduct such hearings.

(n) For each of the hearings so set a calendar d all the pending cases properly triable at each of sai ports shall be prepared by the clerk and notices o such hearings shall be mailed from New York no later than 30 days prior to the date of such hearing except that in case of hearings held in the State of Washington, Oregon, California, Nevada, Idah Utah, Arizona, New Mexico, Colorado, Wyoming, an Montana, and outlying possessions, the notices sha be mailed from New York not later than 35 day prior to the date of such hearing. Such notices sha contain the court number and the collector's num ber, if any, the name of the party or parties in whos name the case is docketed, and the subject matte thereof, and shall be sent to the plaintiff or the at torney of record whose name and address appes upon the papers.

(0) Calendars in triplicate for hearings outside New York City shall be prepared for the court, th collector, and the clerk. The clerk of the court sha in the first column upon all calendars for hearings a such ports number consecutively the cases appearin thereon, irrespective of the nature of the issue in volved, and on the extreme right, in the fourth col umn, indicate by figures the number of times th cases have previously appeared on the calendar fo trial.

(p) All papers and exhibits required at the tris of cases on such calendars, together with said cal endars, shall be sent from New York so as to arriv at the place of hearing at least 21 days prior to th

date of the hearing, except that in case of hearings held in the States of Washington, Oregon, California, Nevada, Idaho, Utah, Arizona, New Mexico, Colorado, Wyoming, and Montana, and outlying possessions, such papers and exhibits shall be sent so as to arrive 30 days prior to the date of such hearings.

(q) The clerk shall forward to the collector, or the person acting as such at each of said ports, a copy of the calendar, together with the records and samples in all cases assigned to be heard thereat, and request such collector, or person acting as collector, to identify at once each sample with the particular record to which it belongs, stamp said samples with the court's number of the case, and arrange the same n numerical order, at least 10 days before such trial, so that each record may be open to the inspection of the plaintiff, a party thereto, or his attorney, and the Assistant Attorney General or one of his assistants, for the purpose of preparing for trial. At the close of the docket the samples and the records shall be transmitted by the collector to this court unless the judge presiding at the trial shall otherwise order.

(r) The judge presiding at such trials shall call the calendars on the dates set for such hearings and shall dispose of the same in such manner as in his Judgment he deems proper. The judge, on motion of either party, may continue or transfer any case appearing on the calendar over which he presides to a regularly designated port for the taking of testimony.

(s) If the date set for hearings as provided by this rule falls on a legal holiday, the judge or the division, as the case may be, shall assign another day.

CROSS REFERENCES

Precedence of classification cases on docket, see section 1638 of this title.

4. Clerk.

(a) The clerk of the court (appointed by the chief udge) shall keep his office in New York City, the ficial station of the court.

(b) He shall not practice as an attorney or counelor-at-law in any court, while he continues in office.

(c) He shall maintain in his office a roster of all attorneys admitted to practice before the court. (d) He shall have custody of and be responsible or all records, papers, and exhibits filled with the ourt or a judge thereof, and shall have, under the direction of the chief judge, supervision of the ibrary and all employees of the court, except the udges' law clerk-secretaries, court reporters, and he marshal.

(e) He shall endorse on every court paper the date n which it was filed and shall not permit any orignal paper, exhibit, record, or document to be aken from his office without an order of the court z one of the judges, except as provided in rule 12. (f) He shall prepare for each judge, or for the everal divisions, whichever the case may be, with he approval of the judge, or of the judges thereof, alendars of cases regularly assigned to such judge * divisions.

(g) He shall, with the approval of the chief judge, assign a calendar clerk or clerks to attend all hearings in New York. The calendar clerk or clerks shall call the calendar and perform such other duties as may be assigned. The court reporter, traveling on circuit, shall act as calendar clerk. The court reporter, traveling on circuit, shall also accept on behalf of the clerk of the court such papers, exhibits, or both, offered for filing in connection with cases on the calendar or calendars of the circuit at that time.

(h) The clerk of the court shall cause a permanent record to be made in books kept for that purpose of all motions, decisions, orders, judgments, decrees, and commissions issued by any division or judge of the court.

(i) The clerk of the court shall maintain in his office a record containing the signatures of the clerk and all deputies who have taken and subscribed to the oath of office, required under 28 U. S. C. 1948 revision, § 951, which reads:

I, having been appointed do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments, and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God.

CROSS REFERENCES

Clerk and deputies, see section 871 of this title. 5. Submission.

The submission for decision of any case shall be made in open court by the parties thereto or their attorneys, or by stipulation, or by written request to the court, or by the court on its own motion. Where the plaintiff, petitioner, or appellant, or his attorney, in a case does not appear when the same is called, and after the opposite party has had opportunity to present evidence on the issues, it shall be deemed submitted and shall be decided by the court on the record as it appears therein.

6. Motions.

(a) Rehearings.—All motions for rehearings must be in writing and filed with the clerk of the court at New York within 30 days from the entry of judgment in the case in which rehearing is requested. Such motion must clearly state the grounds upon which the moving party relies for the granting of such rehearing. If the grounds do not appear of record, the motion must be supported by an affidavit or affidavits setting forth in detail the facts upon which such motion is predicated. A copy of such motion for rehearing shall be served by the moving party, either personally or by mail, upon the opposite party or his attorney, and 15 days after such service shall be allowed the opposite party or his attorney in which to file and serve objections thereto. Oral argument shall not be heard upon such motion except by leave of the court. Any such motion or opposition thereto may be accompanied by briefs setting forth the facts and law upon which the parties rely. All such motions for and all papers filed in

opposition thereto, shall be accompanied by a proposed order, such as each party thereto desires to have entered on the disposition of the motion, and shall be referred by the chief judge to the judge or division of the court having jurisdiction of the subject matter.

(b) A motion for rehearing when applied for within the time fixed by law, shall operate to suspend the statutory limitation within which appeal may be taken so as to run from the date of the disposition of the motion. Any application for review of a reappraisement in which a timely motion for such rehearing has been filed shall be dismissed without prejudice as being untimely.

(c) Amendment of pleadings.-A party may amend his protest, petition, appeal, application for review, or other pleadings or process, at any time by leave of court, and such leave shall be freely given when justice so requires.

(d) All other motions.—All other motions, except those made orally in open court or at the trial of a case, shall be in writing and when in writing shall be filed in the office of the clerk of the court at New York and they shall be entered in the order of their filing in books to be kept for that purpose, and such motions shall, in due course, be referred to the judge or division of the court having jurisdiction in the premises. Copies of all such motions shall be served upon the opposite party or his attorney of record, either personally or by mail, and proof of such service shall accompany the filing of the motion papers. The opposing party, or his attorney of record, shall be allowed 15 days after service of a copy of any motion upon him in which to reply to the same: Provided, however, That in the case of motion papers filed in connection with cases tried at ports in the States of Washington, Oregon, California, Nevada, Idaho, Utah, Arizona, New Mexico, Colorado, Wyoming, and Montana, and outlying possessions, the court may grant a period of 10 days, in addition to the 15 days allowed, in which to file objections thereto.

(e) All motions and papers in opposition thereto, except motions to amend or oral motions made during trials or hearings, shall be accompanied by a proposed order such as each party may deem to be the proper form of order to be entered in the premises.

(f) All motion papers shall be addressed to the division of the court or to the judge before whom the matter is pending.

(g) Oral motions.-Oral motions made during trials or hearings, whether in New York or on circuit, shall be recorded in full by the reporter in attendance.

CROSS REFERENCES

Amendment of pleadings, see section 2642 of this title. Motion for rehearing or retrial, see section 2640 of this title.

7. Testimony before trial.

Permission to take testimony before trial may be granted for good cause shown. Application for such permission must be filed with the clerk of the court

and a copy thereof served upon the opposite part within the time fixed by the court or one of th judges.

8. Pre-trial procedure; formulating issues.

(a) In any action, the court may in its discretio direct the attorneys for the parties to appear befor it for a conference to consider:

(1) The simplification of the issues;

(2) the necessity or desirability of amendmen to the pleadings;

(3) the possibility of obtaining admissions of fa and of documents which will avoid unnecessar proof;

(4) the limitation of the number of expert wi nesses;

(5) such other matters as may aid in the dispos tion of the action.

(b) The court shall make an order which recit the action taken at the conference, the amendmen allowed to the pleadings, and the agreements ma by the parties as to any of the matters considere and which limits the issues for trial to those n disposed of by admissions or agreements of counse and such order, when entered, controls the subs quent course of the action, unless modified at t trial to prevent manifest injustice.

FEDERAL RULES OF CIVIL PROCEDURE Pre-trial procedure, see rule 16, following section 20 of this title.

9. Appearances.

Parties may appear and manage their cases pe sonally or by attorney duly admitted under the rul of the court to practice at its bar.

CROSS REFERENCES

Appearance personally or by counsel, see section 1654 this title.

10. Attorneys.

(a) The bar of the United States Customs Cou shall consist of those persons heretofore admitted practice in the court who have signed the roll attorneys and those attorneys hereafter admitted the following manner:

(b) An applicant for admission to practice at t bar of the court may be admitted before any jud upon motion made by a member in good standing the bar of the court, following the filing of an a plication in a form prescribed by the court, wh such applicant is shown to have been admitted practice law in the United States courts or in t courts of any state, territory, the District of Colu bia, or outlying possessions of the United States, a is a member in good standing of the bar of one such courts. Upon being admitted each applica shall subscribe to the following oath:

11. Disbarment.

(a) Whenever a certificate shall be received from the clerk of any court, or a petition shall be filed with the clerk of the court, supported by an affidavit, setting forth any of the following facts concerning a member of the bar of the court:

(1) That he has been disbarred from practice in any court of the United States or State court, to which he was previously admitted;

(2) that he has been convicted of an indictable offense involving moral turpitude;

(3) that he has been guilty of dishonest or grossly unethical practices;

the clerk shall forthwith deliver said petition or certificate to the chief judge of the court who, after a copy thereof has been served upon the attorney named in the petition and the expiration of 10 days thereafter, during which time such attorney shall be permitted to file an answer to said petition, shall examine the petition and answer, and determine whether they contain probable cause for invoking the disciplinary powers of the court. If he shall so determine, he shall forthwith enter an order designating three judges to hear the matter. The order shall provide for a hearing within not more than 40 days nor less than 20 days after service, and a copy thereof shall be served upon the attorney named in the petition. The chief judge may designate an attorney-at-law to prosecute the proceeding in behalf of the petitioner.

(b) The attorney named in the petition may appear in person and may be represented by an attorney, and shall have the right to file, prior to such hearing, any answer, in addition to that hereinbefore provided, as the proceedings, in his opinion, might warrant.

(c) Upon such return the chief judge shall assign three judges of the court to hear and determine the matter and they may enter an order disbarring, suspending, or otherwise disciplining such member of the bar, or dismissing the proceedings, or making such other disposition of the case as may be warranted by the record before them.

12. Access to papers.

(a) All papers in cases filed with the court shall be kept in the office of the clerk until such cases have been duly submitted, except as provided in rule 3 as it relates to cases arising and heard at places other than at the port of New York, when they shall be delivered by the clerk to the judge to whom the case has been assigned for decision: Provided, however, That the Assistant Attorney General, directly or through a designated representative or representatives, may be permitted, upon receipting therefor, to take any such papers required by him, to be retained by him not longer than 3 days: And provided further, That attorneys of record in such cases, upon receipting therefor, may be permitted to take said papers to the office of any Government officer or employee in the appraiser's office or building at New York for the purpose of conference with a view to preparation of the case for trial or disposition, said papers to be returned by said attorney to the files of

the court on the same day. All papers in all cases shall be returned to the office of the clerk at least 3 days prior to the calendar call of the same: Provided, also, That the chief judge may forward any such papers to the collector or appraiser when requested by attorneys of record in such cases, or others entitled thereto, for the purpose of preparing stipulations, and for other reasons, when, in his opinion, it is necessary and proper.

(b) In all cases, parties plaintiff or defendant, and their attorneys, may have access to all papers for examination in the office of the clerk, but papers withdrawn from the files at the request of any plaintiff or defendant, or their respective attorneys, shall be restored to the files within 3 days from the date of such withdrawal.

(c) No person, not authorized so to do, shall make any mark or notation on any of said papers on file with the court: Provided, however, That the examiners and other Government officers may, under the direction of the court, make suitable marks or notations on said papers for the purpose of identifying items of merchandise.

13. Protests, reappraisements, and petitions.

(a) The clerk of the court shall, upon the receipt or filing of protests, appeals, applications for review, and petitions for remission of additional duties, cause the same to be numbered, carded, recorded, and jacketed with their accompanying papers in the order of their receipt or filing, and shall file the same in his office for disposition in accordance with these rules.

(b) After a protest, appeal, application for review, or a petition for the remission of additional duties has been received by or filed with the court, the court will not recognize any stipulation relative thereto unless it is signed by the parties involved or their respective counsel, or unless it is made in open court at a regular hearing.

14. Notice of appearance and substitution

(a) Attorneys authorized to appear in suits or proceedings pending before the court shall file notice thereof in writing with the clerk of the court, who shall cause the same to be attached to the papers in the case. Such notice shall state the court's number of the case, the name of the plaintiff, and the name and address of the attorney so appearing. A party to any suit or proceedings who may desire to substitute an attorney in place of the one of record may do so by filing an application therefor expressing his consent thereto, signed by himself and the attorney of record. If such application is granted, such notice of appearance shall be filed with the papers in the form herein provided. If an attorney of record refuses to consent to a substitution, the court, on motion, may order that such substitution be made.

(b) If a protest, petition, or other paper initiating a proceeding bears the name and address of any member or members of the bar of the United States Customs Court, he or they shall be recognized as the attorney or attorneys of record and no separate notice of appearance shall in such case be required.

15. Assignment of reappraisements, applications for review, and hearings thereon.

(a) Appeals for reappraisement to be heard at the port of New York shall be assigned by the chief judge for hearing and determination as nearly as possible to each judge as classification subjects are distributed by each of the divisions to the members thereof, and the judge to whom a case is so assigned shall set the same for hearing before himself.

(b) Appeals for reappraisement assigned for hearings at ports other than New York shall be heard and determined by the judge presiding, regardless of the subject involved, except that in cases where the testimony, by reason of continuances, is taken before different judges, sitting at different times on the hearing of any such appeal for reappraisement, the appeal shall be decided by the judge before whom the case is finally submitted.

(c) Applications for review of reappraisement decisions shall be set for hearing before a division other than the one of which the judge rendering the decision appealed from is a member.

CROSS REFERENCES

Assignment of reappraisement cases to single judge, see section 2631 of this title.

16. Suspensions.

(a) Any protest, appeal for reappraisement, application for review, or petition for the remission of additional duties, covering a question involved in any suit pending in the United States Court of Customs and Patent Appeals or the Supreme Court of the United States, or a question concerning which a test case is pending in the United States Customs Court, may be suspended, in the discretion of the court, on satisfactory proof that a test case involving the same issue of fact or question of law is then pending.

(b) The court may require properly verified samples of the merchandise in dispute before ordering the suspension of protests.

(c) When any case shall have been ordered suspended under these rules, said case shall be placed in the files of the office of the clerk of the court to be there held until the issues involved in the test case shall have been finally determined or the case abandoned. After the time for filing an application for review, appeal to the United States Court of Customs and Patent Appeals, or the application for a writ to the United States Supreme Court has expired, such cases shall then be placed on the next docket of the court having jurisdiction of the same.

(d) Whenever an issue has been finally determined, or the trial court is satisfied that in any case good cause does not exist for suspension, or that good faith or due diligence is not being observed in the prosecution of any issue the subject of suspension, said court may order such case or cases upon the calendar for hearing and decision.

(e) Any case which has been suspended may be removed from the suspended file at the request of a party for trial, stipulation, or other disposition. 17. Copy of testimony to be filed at ports other than New York.

(a) In cases tried by parties or attorneys at places other than New York, the court may, upon applica

tion of said parties or attorneys, cause a copy of the transcript of record to be forwarded to the collector of said port, and due notice of said action given to said parties or attorneys; said copy to be open to the inspection of said parties or attorneys for a period not exceeding 20 days subsequent to its receipt by the collector, after which the collector shall return said copy to the office of the clerk of the court.

(b) The collector shall not permit such copy of transcript of record so forwarded to him to be removed from his office.

18. Form of process.

All process issued by the court, or the judges thereof, shall be in the name of the President of the United States, and shall be under the seal of the court.

CROSS REFERENCES

Power of courts to issue writs, see section 1651 of this title.

Seal of court, see rule 1.

19. Marshal.

(a) The marshal and his deputies and assistants, appointed by the chief judge, shall attend court at all its sessions at New York, the official station of the court, and shall serve and execute such process and orders as directed by the court.

(b) At all sessions of the court at ports other than New York, the United States marshal or his deputy for the district in which a session of the United States Customs Court is being held shall act as the marshal for the United States Customs Court and shall be present at all sessions of the court in his district, and when serving as such shall execute al lawful writs, process, or orders as directed by the court.

(c) It shall be the duty of the marshal of the court to give timely notification to the United States marshals of the districts outside New York, the official station of the court, wherein the court has dockets set for hearing on circuit, of the time and place of such hearings.

(d) The marshal of the court shall be the purchasing agent for requisition purposes with reference to its furniture, equipment, and supplies of all kinds and character, and shall be custodian of the courtrooms at New York.

(e) He shall have charge of all transportation requests to be used by the court or any of its personnel.

(f) He shall perform such other duties as directed by the chief judge or the court.

CROSS REFERENCES

Marshal, appointment and tenure, see section 872 of this title.

Power of court or judge to preserve order, see section 1581 of this title.

Service and execution of process and orders of court by marshal, see section 872 of this title. 20. Records introduced in evidence.

When a case is under consideration which involves questions of law and fact substantially the same in character as were involved in another case which has been previously decided, or tried and submitted to the court for decision, the record, or any part there