1937, August 20; 50 Stat. 1657; United Fruit Company... 1938, May 28; 52 Stat. 447:




Roe, et al.


1938, June 28; 52 Stat. 1209; Confederated Bands.. 1939, February 10; 53 Stat. 131; Bickford-Smith..

1939, August 7; 53 Stat. 1254:

Toronto, Hamilton & Buffalo___

Baltimore Steam Packet Co. (No. 47090)

Baltimore Steam Packet Co. (No. 47087).
Baltimore Steam Packet Co. (No. 47089) -







Baltimore Steam Packet Co. (No. 47088).


1940, March 15; 54 Stat. 52; Libby..


1942, January 30; 56 Stat. 23; Piggly Wiggly Corp-


1942, April 11; 56 Stat. 214; Levine


1943, March 24; 57 Stat. 50; Levine..


1944, July 1; 58 Stat. 649; Piggly Wiggly Corp

[blocks in formation]

Title 25, Section 70-70v (1946 Ed.); Sioux Tribe (No. C-531-11)

[blocks in formation]
[blocks in formation]

Title 28, Section 2501 (1948 Ed.); Moorehead, et al., etc..........


Title 30, Section 181; Confederated Bands....


Title 35, Section 68; Fauber..........


Title 41, Section 106 (d) (f); Piggly Wiggly Corp...


Title 41, Section 113; Piggly Wiggly Corp---


[blocks in formation]

Title 46, Section 883; Toronto, Hamilton & Buffalo.


Title 46, Sections 1128-1128h; Levine..........


Title 46, Section 1242; Toronto, Hamilton & Buffalo..........


[blocks in formation]



Pending the adoption of revised rules of the Court of Claims of the United States, which revision is now under consideration, it is ordered this 10th day of December 1948, that

The first sentence of Rule 1 be and the same is amended to read as follows:

Suits in the Court of Claims of the United States shall be commenced by a printed petition filed in the office of the clerk with 34 additional printed copies. Rule 8 be and the same is amended to read as follows:

Petitions, pleadings, and motions on the part of a plaintiff represented by an attorney shall be signed by the attorney of record; pleadings and motions on the part of the United States by the Attorney General, or an Assistant Attorney General. A plaintiff who is not represented by an attorney shall sign his petition, pleadings, and motions. The signature of an attorney or a plaintiff constitutes a certificate by him that he has read the petition, pleading, or motion; that to the best of his knowledge, information and belief there is good ground to support it; and that it is not interposed for delay.

Rule 10 be and the same is amended by striking therefrom subdivisions (e) and (f).




It is ordered this eighth day of February 1949, that the Court of Claims rules be and the same are amended by adding after Rule 40, Rule 40%, as follows:


40%. (a) In any action, the Commissioner to whom the case is referred may in his discretion direct the attorneys for the parties to appear before him to consider: (1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses; (5) Such other matters as may aid in the disposition of the action.

(b) The Commissioner may, in lieu of or in addition to the procedure provided in (a) above, direct a party to submit within a fixed time to the other party a statement of the facts, properly separated and numbered, which such party considers to be not subject to controversy. The adverse party shall submit his written response thereto within a reasonable time fixed by the Commissioner, agreeing to the separate items of fact or setting forth a statement modifying or rejecting the same. If the rejection is based upon lack of information, the response shall so state. In his response the responding party may expressly reserve an objection on the grounds of immateriality or irrelevancy to any fact agreed to or modified. In all instances copies of the statements and responses shall be furnished to the Commissioner.

Any fact not so rejected or modified shall be deemed admitted, and the failure of either party to file within the time specified by the Commissioner, a response to such proposed agreed statement shall be taken as an admission of all of the facts set forth therein, provided that, when justice requires, the Commissioner shall permit a response to be made after the expiration of the time specified or proof in relation thereto to be adduced at the time of the trial.

(c) Where the claim of either party is based in any part on books of account or other records, the Commissioner may in advance of the trial require the party whose claim is so based to furnish to the adverse party a statement showing the items and figures intended to be proved, with adequate reference to the books or records from which such figures were taken. The Commissioner may then require the party asserting such claim to make all books and records pertinent or material to the claim or any part thereof available for examination by the adverse party in advance of the trial and may fix a reasonable time for such examination.

(d) After the matters referred to in (a), (b) and (c) above have been disposed of, the Commissioner shall proceed with the taking of such evidence as is necessary to close proof. Whenever practicable, such proof shall be taken in one continuous session or a series of consecutive sessions with a view to avoiding unnecessary intervening delays.

(e) The Commissioner may make a memorandum reciting the action taken pursuant to the provisions of (a), (b), (c) and (d) above, and when such memorandum is made a copy thereof shall be furnished to each party. Except when otherwise modified by the Commissioner or by the Court, on timely application by either party, such memorandum shall control the subsequent course of the trial. The memorandum shall be made a part of the record during the trial of the case or, in cases where no proof is adduced, shall be filed with the Clerk and become a part of the record.

(f) In the event either of the parties fails or refuses to comply with the provisions of this rule, such matter shall be reported by the Commissioner to the Court for appropriate action.

(g) This rule shall be construed liberally to afford the parties a reasonable opportunity for reaching an agreement on undisputed facts and to expedite the trial of cases without depriving either party of any just claim, defense or objection.

« ForrigeFortsett »