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1.191 Exhibits; offered in duplicate. No document, exhibit or part thereof shall be received as, or admitted in, evidence unless offered in duplicate.*+ [Rule 106.11]
1.192 Unsworn documents; oral declarations. Except as herein expressly provided, unsworn documents and oral declaration will not be received in evidence.*+ [Rule 106.12]
1.193 Cumulative evidence. The introduction of merely cumulative evidence shall be avoided, and the Commission reserves the right to limit the number of witnesses that may be heard in behalf of a party on any issue.*+ [Rule 106.13]
1.194 Tariffs as evidence. In case any matter contained in a tariff schedule on file with the Commission is offered in evidence, such tariff schedule need not be produced or marked for identification, but the matter so offered shall be specified with particularity in such manner as to be readily identified, and may be received in evidence by reference subject to check with the original tariff schedules so on file.** [Rule 106.14]
1.195 Records of other proceedings. In case any portion of the record before the Commission in any proceeding, other than the one in hearing, is offered in evidence, a true copy in duplicate of such portion shall be presented for the record in the form of an exhibit.*+ "[Rule 106.15]
1.196 Additional evidence during hearing. At any stage of a hearing, the presiding commissioner or examiner may call for further evidence upon any issue, and may require such evidence to be presented by any party to the proceeding.** [Rule 106.16, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]
1.197 Additional evidence after hearing. Before the close of a hearing, the presiding commissioner or examiner may, at the request of a party or upon his own motion, require that a party furnish additional documentary evidence, supplementary to the existing record, within a stated period of time. The record of such proceeding will be held open until the expiration of such fixed time, and such additional documentary evidence will be made a part thereof.** [Rule 106.17, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]
1.198 Subpenas; who may issue. Subpenas requiring the attendance and testimony of witnesses, and subpenas requiring the production of any books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation or hearing may be signed and issued as follows:
(a) Hearings before the Commission en banc: By any Commissioner.
(b) Hearings before an examiner; (1) By any commissioner.
(2) When an examiner has been designated to hear a case, he may sign and issue subpenas in that case.
(3) By the chief examiner or the assistant chief examiner. No subpena shall be signed or issued in any event without recommendation thereon in advance by the law department: Provided, however, That if a hearing is held in the field and no representative of the law department is in attendance, examination and recommendation by the law department in advance shall not be required.** (Sec. 409 (a), 48 Stat. 1096; 47 U.S.C. 409_(a)) [Rule 106.18, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]
**For statutory and source citations, see note to 8 1.1.
1.199 Request for subpena, in writing; verification. Unless directed by the Commission upon its own motion, subpenas will be issued only upon request in writing. Applications for subpenas to compel witnesses to produce documentary evidence must be verified, and must specify with particularity, the books, papers, or documents desired, and the facts expected to be proved by the same.** (Sec. 409 (a), 48 Ştat. 1096; 47 U.S.C. 409 (a)) [Rule 106.19]
1.200 Witness fees. Witnesses who are summoned and respond thereto are entitled to the same fees as are paid for like service in the courts of the United States, such fees to be paid by the party at whose instance the testimony is taken.*+ (Sec. 409°(h), 48 Štat. 1097; 47 U.S.C. 409 (h)) [Rule 106.20]
1.201 Return of subpena; manner of service. Service may be made by the United States marshal or his deputy, or any person of legal age, who is a citizen of the United States, and who is competent to be a witness. If service of subpena is made by a United States marshal or his deputy, such service shall be evidenced by his return thereon. If made by any other person, such person shall make affidavit thereof, stating the date, time, and manner of service; and return such affidavit on, or with, the original subpena in accordance with the form thereon. In case of failure to make service the reasons for the failure shall be stated on the original subpena. In making service the original subpena shall be exhibited to the person served, shall be read to him if he is unable to read, and a copy thereof shall be left with him. The original subpena, bearing, or accompanied by the required return, affidavit, or statement, shall be returned forthwith to the Secretary of the Commission, or, if so directed on the subpena, to the presiding commissioner or examiner before whom the person named in the subpena is required to appear.* [Rule 106.21]
1.202 Depositions; request for taking. The Commission will either on its own initiative, or on written request of a party to a proceeding, issue an order to take a deposition. If on written request, said request shall set forth the name and address of the witness, the matters and facts concerning which it is expected the witness will testify, and the cause or reason why such deposition should be taken. Such written request shall be subscribed and sworn to by the party or his attorney, and shall be filed with the Commission i5 days before the proposed date for taking the deposition. If said order is allowed the Secretary shall mail a copy thereof to all parties to the proceeding at least 10 days prior to the date fixed for the taking of testimony.*t (Sec. 409, 48 Stat. 1096; 47 U.S.C. 409) [Rule 106.22]
1.203 Depositions; order for taking. The order issued by the Commission requiring the taking of a deposition, shall state the name and address of the witness, the matters and facts concerning which it is expected the witness will testify; the place where, the time when, and the designated officer before whom the witness is to testify.** (Sec. 409, 48 Stat. 1096; 47 U.S.C. 409) [Rule 106.23]
**For statutory and source citations, see note to § 1.1.
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1.204 Depositions; procedure for taking. A witness whose testimony is taken by deposition, shall be sworn or shall affirm, before any question is put to him. Each question propounded shall be recorded, and the answer shall be taken down in the words of the witness.
The testimony shall be reduced to writing by the officer, or under his direction, after which the deposition shall be subscribed by the witness and certified in usual manner by the officer.
Objections to the form of question and answer shall be made before the officer taking the deposition, and if not so made, shall be deemed waived; Provided, however, That if no representative of the Commission is present at the taking of the deposition of any witness, such deposition shall be received in evidence at the hearing when offered, subject to such legal objection by the Commission as may be proper.** (Sec. 409, 48 Stat. 1096; 47 U.S.C. 409) [Rule 106.24]
1.205 Depositions; offered in evidence. No deposition shall constitute a part of the record in any proceeding until received in evidence at a hearing before the Commission, a commissioner, or examiner, unless otherwise ordered by the Commission.*+ (Sec. 409, 48 Stat. 1096; 47 U.S.C. 409) [Rule 106.25, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.Å. 2527]
1.206 Depositions; number of copies; time for filing. The original deposition and one copy thereof, and the original and one copy of all exhibits, shall be forwarded by said officer under his seal, to the Secretary of the Commission.
All depositions shall be filed with the Commission not later than 5 days before the date of the hearing in which they are to be offered as evidence, and § 1.11 shall not apply or in any wise serve to extend this time.*+ (Sec. 409, 48 Stat. 1096; 47 U.S.C. 409) [Rule 106.26]
1.207 Report of hearing. In the event testimony is taken before a commissioner or examiner, the testimony duly transcribed shall be reported back to the Commission, together with a written report containing recommendations as to the decision to be made thereon, and the facts and grounds upon which such recommendation is based.*+ [Rule 106.27, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]
1.208 Exceptions to report of hearing. A copy of such report shall be mailed by the Secretary to each party participating in the hearing, and such party shall have the right to file exceptions thereto at any time within a period of 15 days from the mailing of such report.
Exceptions to such report shall point out with particularity the alleged error in said report and shall contain specific reference to the page of the transcript of hearing, exhibit or report to which exception is taken.
**For statutory and source citations, see note to $ 1.1.
Fifteen copies of such exceptions, accompanied by an affidavit that a copy thereof has been mailed to, or served upon, each party participating in the hearings, shall be filed with the Commission.** *[Rule 106.28)
1.209 Oral argument; briefs; when allowed. In the event that a case is heard before a commissioner or an examiner, the Commission shall hear oral argument upon petition of any party, and may permit the filing of briefs. Such party shall request oral argument at the time of the filing of exceptions, or, if no exceptions are filed, within the time allowed for the filing of exceptions. In the event that testimony is taken before the Commission, it may be followed by oral argument by the parties, or by the filing of briefs, or both, in the discretion of the Commission, and the case shall thereafter be decided on the basis of the testimony heard and proceedings had.*+ (Sec. 409, 48 Stat. 1096; U.S.C. 409) [Rule 106.29, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2527]
1.210 Briefs; time for filing. Whenever the filing of any brief in connection with a hearing is allowed, 15 copies thereof shall be filed with the Commission.
A party filing an opening brief shall file the same within 20 days from the date on whích hearing and testimony is concluded. Only a party who files an opening brief, may file a reply to the brief of an opposing party. Such reply shall be filed within 10 days from the expiration time for filing said opening brief.
For good cause, a commissioner or an examiner before whom any hearing is being held, may, prior to the conclusion of such hearing, on his own motion or that of any party, add to or reduce the time hereinabove provided for the filing of briefs.
At or prior to the date fixed for the filing of any brief, the party filing the same shall serve upon or mail to every other party to the proceeding at least one copy thereof, and no brief will be accepted or considered by the Commission unless accompanied by an affidavit showing this requirement has been met.** [Rule 106.30, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2528]
1.211 Rehearing. After a decision, order or requirement has been made by the Commission in any proceeding, any party thereto may within a reasonable time file a petition in writing for a rehearing of the same; Provided, however, That a petition for rehearing in case of a decision, order or requirement made under title III shall be filed within 20 days after the effective date thereof.
A petition for rehearing shall show: (a) That new or additional, material evidence has been discovered which petitioner after due diligence could not have known at the time of the original hearing, or (b)
That the Commission in its decision, order or requirement overlooked or did not consider some material question of law or matter of fact which, if considered, would have changed its decision, order, or requirement.*+ (Sec. 405, 48 Stat. 1095; 47 U.S.C. 405) [Rule 106.31]
**For statutory and source citations, see note to 8 1.1.
COMMUNICATIONS RELATING TO MERITS OF ANY APPLICATION
1.212 Secretary to make record. The Secretary is hereby directed to make a record of all communications received by the Commission relating to the merits of any application pending before the Commission requesting the granting, renewal, modification, or revocation of any license or construction permit, certificate of convenience and necessity or rate schedule. Such record shall show the name and address of the person making the statement and the substance of such statement. When the date of hearing has been set, if the matter is designated for hearing, the Secretary shall notify all persons shown by the records to have communicated with the Commission regarding the merits of such matter in order that such persons will have an opportunity to appear and give evidence at such hearing, provided, that in the case of communications bearing more than one signature notice shall be given to the person first signing unless the communication clearly indicates that such notice should be sent to some one other than such person.* [Order 25, FCC, Nov. 10, 1937, 2 F.R. 25287
1.213 Communicant not precluded from participation in hearing. No such person shall be precluded from giving any relevant material and competent testimony at such hearing because he lacks a sufficient interest to justify his intervention as a party in the mat
[Order 25, FCC, Nov. 10, 1937, 2 F.R. 2528] 1.214 Consideration given by Commission. No such communication will be considered by the Commission in determining the merits of such matter nor shall any such communication be considered by any examiner unless it has been introduced into evidence at the hearing and appears as a part of the record. The admissibility of any such communication or the Secretary's record of any such communication shall be governed by the applicable rules of evidence, and no such communication shall be admissible on the basis of a stipulation unless Commission's counsel as well as counsel for all of the parties shall join in such stipulation.
Such communications, however, may be considered by the Commission if circumstances warrant in deciding whether or not a matter shall be set down for hearing in cases where in the absence of such communication no hearing would be required by the Commission.* [Order 25, FCC, Nov. 10, 1937, 2 F.R. 2528]
AMENDMENTS TO RULES OF PRACTICE
1.231 Amendments. The rules in this part may be suspended, revoked, modified, amended, or supplemented, in whole or in part, at any time, by the Commission.** [Rule 107.1, as amended by Order 24, FCC, Nov. 15, 1937, 2 F.R. 2528]
**For statutory and source citations, see note to 8 1.1.