I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/22/93 at 10:55:24. Database: USCODE Search: (28:CITE) ------DocID 36161 Document 1 of 1452------ -CITE- 28 USC TITLE 28 -EXPCITE- TITLE 28 -HEAD- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE -MISC1- THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 646, SEC. 1, 62 STAT. 869 Part Sec. I. Organization of Courts 1 II. Department of Justice 501 III. Court Officers and Employees 601 IV. Jurisdiction and Venue 1251 V. Procedure 1651 VI. Particular Proceedings 2201 AMENDMENTS 1966 - Pub. L. 89-554, Sec. 4(a), Sept. 6, 1966, 80 Stat. 611, substituted 'Department of Justice' for 'United States Attorneys and Marshals' in item for part II. Table Showing Disposition of All Sections of Former Title 28 --------------------------------------------------------------------- Title 28 Former Sections Title 28 New Sections --------------------------------------------------------------------- 1-4bb 132-134 1 nt 133 5 135 5a T. 48 Sec. 1392a 5b Elim. 6, 7 751 8 751, 954 9 604, 755 9a 1915 9a(a) 753, 1920 9a(b) 753 9a(c) 550, 604, 753, 1915 9a(d) 753 9a(e) 1915 9b Rep. See Civ. Proc. R. 75. 10 457 11, 12 Rep. See Civ. Proc. R. 6(c), Cr. Proc. R. 45(c). 13 452 14 Rep. See Cr. Proc. R. 45(c). 15 141 16 140, 296 17 291, 292, 295, 296 18 296 19 Rep. 20 295 21 292 22 291, 296 23 296 24 455 25 144 26 143 27 137 41(1) 1331, 1332, 1341, 1342, 1345, 1354, 1359 41(2) Rep. 41(3) 1333, 1356 41(4) Rep. 41(5) 1340 41(6) 1339 41(7) 1338 41(8) 1337 41(9) 1355 41(10) Rep. 41(11) 1357 41(12-14) 1343 41(15) 1344 41(16) 1348 41(17) 1350 41(18) 1351 41(19) 1334 41(20) 1346, 2401, 2402 41(21) Rep. 41(22) Rep. 41(23) 1337 41(24) 1353 41(25) 1357, 1399 41(26) 1335, 1397, 2361 41(27), (28) 1336 42 1349 43 1398 44 2321 45 Rep. 45a 2323 46 2324 47 1253, 2101, 2284, 2325 47a 1253, 2101, 2284 48 2322 49-51 Rep. 52 Elim. 53 T. 15 Sec. 146a 71 1441, 1445, 1447 72 1446, 1447 73 Rep. 74 1443, 1446, 1447 75 1446 76 1442, 1446, 1447 77 1442 78 1449 79 1450 80 1359, 1447, 1919 81 1447 82 Rep. 83 1447, 1448 101 T. 18 Sec. 3235 102 T. 18 Sec. 3238 103 T. 18 Sec. 3237 104 1395 105 1396 106-108 1395 109 1400, 1694 110 1394 111 1391 112 1391, 1401, 1693, 1695 113 1392 114 1393, 1441 115 Rep. See Civ. Proc. R. 4(f). 116 1392 117 754, 1692 118 1655 119 1404 120 Rep. 121 1405; T. 18 Sec. 3240 122 1656 123 Rep. 124 959; T. 18 Sec. 1911 124a 960 125 959 126 458 127 957 128 604, 752 141 Rep. 142 81 143 82 144 83 145 84 146 85, 140 147 86 148 87 149 89 149a, 149b Rep. 150 90 150a Rep. 151 92 152 93 153 94 154, 155 Rep. 156, 156a 95 157 96 158 97 159 98 160 99 161 Rep. 162 Rep. 163 1404 164 Rep. See Civ. Proc. R. 77. 165 Rep. 166 100 167 101 168 102 169 103 170 104 171 105 172 106 173 107 174 108 175 109 176 110 177 111 178, 178a 112 179 113 179a Elim. 180 114 181 115, 1865 182 116, 138 182a 116 183 117 184 118 184a Elim. 185 120 186 121 186a Elim. 187 122 188 123 189 124 189a Elim. 190 125 191 126 192, 192a 127 193 128 194 129 195 130 196 131 211 41 211a Rep. 212 43, 46 213 44 213a-213h Elim. 214 Rep. 215 42 216 45, 47, 292 216a 45 217 Rep. 218 231, 456 219 2071 220 547 221 711, 956 222 711, 954 222a 604, 712 223 48 224 Rep. 225(a) 1291, 1293 225(b) 1292 225(c) Rep. 225(d) 1294 225(e), (f) Rep. 226 Rep. 227 1292 227a 1292, 2107 228, 228a Rep. See Civ. Proc. R. 73. 229 Rep. 230 2107 231 2108 241 171, 173, 453 242 Rep. 243 174, 175 244 791, 795, 956 245 604 246 952 247 Rep. 248 415, 791 249 T. 18 Sec. 282 250(1) 1491, 1501 250(2) 1503, 2501 250(3) 1496 250a 1497, 2501 250b Rep. 251 Rep. 252 2508 253 2512 254 1493, 2510 255 2510 256 Rep. 257 1492, 2509 258 2412 259 1502 259a T. 25 Sec. 70w (Rep. See T. 28 Sec. 1505). 260 1500 261 2502 262 2501 263 792, 2071 264 459, 953 265 Rep. See Ct. Claims R. 1, 10, 16 et seq. (FOOTNOTE 1) 266 Rep. See Ct. Claims R. 10. (FOOTNOTE 1) 267, 268 Rep. 268a 604, 793 269 792, 2503 270 456, 792, 794 271 Rep. 272 2507 273 Rep. 274 2504 275, 275a 2505 276 2503 277 Rep. See Ct. Claims R. 40 et seq. (FOOTNOTE 1) 278 2503 278a 604, 793 279, 280 2514 281, 282 2515 283 2520 283a 791, 2520 284 2516 285 2517 286 2519 287 1494, 2511 288 1255 289 791 290, 291 Rep. 292 2506 293 Rep. 296 251-254, 456, 1581, 2071, 2639, 2640 296a 456 297 2636 301 211-213, 215, 293, 296 301a 213 301b (See former 301a) 302 214, 452, 456, 604 303 604, 832 304 604, 831, 956, 957, 1926 305 604, 831, 833, 834, 956 306 604, 834 307 211, 2071 308 1256, 1541 309 Rep. 309a 1542 310 2601 311 Rep. 312 216 321 1 322 4 323 3 324 5 325 671-673 326 671, 1737 327 671, 954 328 675 329 6 330 1911 331 672 332, 333 673 334 411 335 412 336 Elim. 337 413 338 2 339, 340 Rep. 341 1251 342 1651 343 1872 344 1257, 2103, 2106 345 Rep. 346, 347 1254 348, 349 Rep. 349a 1252, 2101 350 2101 351 2102 352 Rep. See Sup. Ct. R. 32. 353 Rep. 354 676 371(1) Rep. 371(2) 1355 371(3) 1333 371(4) 1333, 1356 371(5) 1338 371(6) 1334 371(7) 1251 371(8) 1251, 1351 372 453 373 454 374 456 374a Elim. 374b 604 374c, 374d 752 375 136, 294, 371 375a 294, 371 375b-375d 372 375e Rep. 375f 294 375g, 375h 373 376, 377 1651 377a-377c D.C. Code, Sec. 16-3501 to 16-3503 378 Rep. 379 2283 380 1253, 2101, 2281, 2284 380a 1253, 2101, 2282, 2284 381 Rep. See Civ. Proc. R. 65. 382 Rep. See Civ. Proc. R. 65(c). 383 Rep. See Civ. Proc. R. 65(d). 384 Rep. 385 459; T. 18 Sec. 401 386 T. 18 Sec. 402, 3691 387 T. 18 Sec. 402 388 Rep. 389 T. 18 Sec. 402, 3691 390 T. 18 Sec. 3285 390a T. 18 Sec. 402 391 Rep. See Civ. Proc. R. 59, 61; Cr. Proc. R. 33, 52. 392 T. 18 Sec. 3043 393 T. 22 Sec. 258a 394 1654 395 556, 955 396 556, 955 397, 398 Rep. 399 1653 400 2201, 2202 401 2403 402 374 411 1861 412, 412a 1864 413 1865 414 Rep. 415 1861, 1863 416 1867, 1868 417 1866, 1868 417a Rep. See Cr. Proc. R. 24(c). 418 1866 419 T. 18 Sec. 3321 420 Rep. See Cr. Proc. R. 6(c). 421 Rep. See Cr. Proc. R. 6(a), (g). 422 Rep. See Cr. Proc. R. 6(g). 423 1869 424 1870 425 Rep. See Cr. Proc. R. 24(b). 426 Rep. 430, 430a Rep. 431-432a Rep. 433, 434 Rep. 441-443 Rep. 444 601, 603, 606, 608 445 602, 603, 607 446 604, 609 447 604, 605 448 332 449 333, 456 450 333, 604, 610 451-453 2241 454 2242 455-461 2243 462 2252 463(a) 2253 463(b)-(d) Rep. 464 Rep. See Civ. Proc. R. 73-75, 81(a)(2). 465 2251 466 2253 481 501 481a Elim. 482 504 483 502 484 550 485-489 547 490 541 490a Elim. 491 541 492, 493 542 494 543 495 548 496-498 564 499 564, 1737 500-502 564 503 547 504 549 504a T. 18 Sec. 3053 505 550 506 546 507 554 508 555 509, 510 Rep. 511 506, 544, 545 512 951 513, 514 952, 1737 515-517 952 518, 519 Rep. 520 Rep. See Civ. Proc. R. 81(b). 521 Rep. 522 T. 18 Sec. 2076 523 953 523a, 523b 457 524 505, 541, 751 525 636, 953 526 631 527 631, 958 528 638 528a 638, 639 529 Rep. See Cr. Proc. R. 55. 530 413, 414 530a Elim. 531 T. 18 Sec. 1910 541, 542 671 543 1913 544 604, 711, 961, 962 545 604 546 711 547 604, 713 548 Rep. 549 1914 550, 551 Rep. 552 1917 553 1914 554 Rep. 555 1914 556 Rep. 557 604, 751 558 604 559 Rep. 560 604, 962 561, 561a 604 562 604, 962 563 604, 961 564 Rep. 565, 566 604 567-569 751 570 Rep. 571, 572 1923 572a T. 18 Sec. 155 573 Rep. 574 553, 1921 575 Rep. 576 553 577 551, 1929 578 1923 578a 551 578b, 578c Rep. 579 508, 552 580 508 581 Rep. 582, 583 552, 553 584, 584a, 585 553 586 509, 550 586a Rep. 587 509, 553 588, 589 Rep. 590 T. 18 Sec. 203 591 Rep. 592 509 593 510 594 502 595, 596 604, 755 597-597c 635 598-599a 636 600-600b 1871 600c 1821, 1825 600d Rep. 601 Elim. 602 1824 603-604a 1823 605 Rep. 606, 607 T. 44 Sec. 325, 326 (See Rev. T. 44 Table) 608 1825, 1871 609 Rep. 631 Rep. See Civ. Proc. R. 43. 632 T. 18 Sec. 3481 633 Rep. 634 T. 18 Sec. 3486 635 Rep. See Civ. Proc. R. 43(a). 636 Rep. See Civ. Proc. R. 34, 55. 637 2072, 2073 638 1731 639-641 Note prec. 1781 642 Rep. See Civ. Proc. R. 28. 643, 644 Rep. See Civ. Proc. R. 26 et seq. 645 Rep. See Civ. Proc. R. 27(a)(4). 646 Rep. See Civ. Proc. R. 26 et seq. 647 Rep. See Civ. Proc. R. 45; Cr. Proc. R. 17. 648 Rep. See Civ. Proc. R. 45(d); Cr. Proc. R. 17(f). 649-652 1782 653 1781, 1782 654 Rep. See Civ. Proc. R. 45(e)(1); Cr. Proc. R. 17(e). 655 Rep. See Civ. Proc. R. 45; Cr. Proc. R. 17. 656 Rep. See Cr. Proc. R. 17(b). 657 Rep. See Cr. Proc. R. 46(b). 658 Rep. 659 Rep. See Cr. Proc. R. 46(b). 660 Rep. 661-667 1733 668 T. 18 Sec. 3497 669 Rep. 670 1743 671 1733 672 Rep. 673 1744 674 1745 675 Rep. 676 1736 677 1740 678-680 Rep. 681-684 1734 685, 686 1735 687 1738 688 1739 689 1742 690 T. 30 Sec. 53 695 1732 695a T. 18 Sec. 3491 695b T. 18 Sec. 3492 695c T. 18 Sec. 3493 695d T. 18 Sec. 3494 695e 1741 695e-1 T. 22 Sec. 4222 695f T. 18 Sec. 3495 695g T. 18 Sec. 3496 695h Rep. 701 1782 702 1785 703, 704 1782 711-713 1783 714-718 1784 721 1691 722 Rep. See Civ. Proc. R. 4. 723 2071, 2073 723a T. 18 Sec. 3772 723a-1 T. 18 Sec. 3771 723b, 723c 2072 724 Rep. 725 1652 726 Rep. See Civ. Proc. R. 64. 727 Rep. See Civ. Proc. R. 69. 728 Rep. 729 T. 42 Sec. 1988 730 2072, 2073 731 2071 732-734 Rep. 735 Rep. See Civ. Proc. R. 4; Cr. Proc. R. 4, 9; Adm. R. 1. (FOOTNOTE 2) 736 Rep. 737 See 2710 738 See 2711 739 See 2712 740 See 2713 741 See 2714 742 See 2715 743 See 2716 744 See 2717 745 Rep. 746 Rep. See Civ. Proc. R. 64. 747 2463 748-750 2405 751, 752 Rep. 753 Adm. R. 6-8, 10, 12 (FOOTNOTE 2) 754 2464 755-757 Rep. 758 636 759, 760 Rep. 761 2071, 2072 762 1402 763 Rep. See Civ. Proc. R. 4(d), 12(a), 55(e). 764 Rep. See Civ. Proc. R. 52, 75. 765 2411 766 2409 767 Rep. See Civ. Proc. R. 4(h). 768 Rep. See Sup. Ct. R. 20. 769 Rep. See Civ. Proc. R. 40. 770 1873 771 Adm. R. 46 1/2 (FOOTNOTE 2) 772 Rep. See Civ. Proc. R. 39(c), 48. 773 Rep. See Civ. Proc. R. 38 et seq. 774 2406 775 Rep. 776 Rep. See Civ. Proc. R. 46, 63, 75. 777 Rep. See Civ. Proc. R. 1, 15, 61. 778-780 Rep. See Civ. Proc. R. 25, 81. 780a 2404 781 2407 782 Rep. See Civ. Proc. R. 12(a). 783 Rep. 784 T. 19 Sec. 579 785 1874 786 Rep. 787 T. 19 Sec. 580 788 See 2718 789 Rep. 790 Rep. See Civ. Proc. R. 75; Adm. R. 49. (FOOTNOTE 2) 791 2462 792 2284 811 1961 811a Rep. 812 1962 813 Rep. 814 1962 815 Rep. See Civ. Proc. R. 41(d), 42(a), 54(d), 68. 816 Rep. 817 Elim. 818 2465 819 Rep. 820 Rep. 821 1928 822 1918 823, 824 Rep. 825 Rep. See Civ. Proc. R. 42(a). 826 Rep. 827 2465 828 1922 829 1927 830 1920 831 1924 832-836 1915 837 1916 838 Rep. See Civ. Proc. R. 4. 839 2413 840 Rep. See Civ. Proc. R. 59, 62. 841 Rep. See Civ. Proc. R. 62(f). 842 2006 843-845 2007 846 2005 847 2001 848 2004 849 2002 850 2003 851 2041 852 2042 861 Rep. 861a Rep. 861b Elim. 862 Rep. 863 Rep. See Civ. Proc. R. 75; Adm. R. 49. (FOOTNOTE 2) 864 Rep. See Civ. Proc. R. 75(k). 865-867 Rep. 868 Rep. See Sup. Ct. R. 10, 36. 869 Rep. 870 2408 871 2104 872 Rep. See Civ. Proc. R. 73. 873 Rep. 874 Rep. See Civ. Proc. R. 62(d), 73(d); Sup. Ct. R. 36. 875 Rep. See Civ. Proc. R. 46, 52, 73, 75. 876, 877 2106 878 1912 879 2105 880 Rep. 901, 902 2410 903 1444 904, 905 2410 906 Rep. 921 2672 922 2673 931(a) 1346, 1402, 2402, 2411, 2412, 2674 931(b) 2675, 2676 932 1346, 2411 933(a)(1) 1291 933(a)(2) 1504, 2110 933(b) Rep. 934 2677 941 2671 942 2401 943 2680 944 2678 945 2679 946 Elim. ------------------------------- (FOOTNOTE 1) Court of Claims Rules were replaced by U.S. Claims Court Rules effective Oct. 1, 1982. (FOOTNOTE 2) Admiralty Rules were superseded July 1, 1966, by Supplemental Rules for Certain Admiralty and Maritime Claims. ENACTMENT INTO LAW; CITATION Section 1 of act June 25, 1948, ch. 646, 62 Stat. 869, provided in part: 'That title 28 of the United States Code, entitled 'Judicial Code and Judiciary' is hereby revised, codified, and enacted into law, and may be cited as 'Title 28, United States Code, section XXX.' ' LEGISLATIVE CONSTRUCTION Section 33 of act June 25, 1948, ch. 646, 62 Stat. 991, provided that: 'No inference of a legislative construction is to be drawn by reason of the chapter in Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catchlines used in such title.' SEPARABILITY Section 34 of act June 25, 1948, ch. 646, 62 Stat. 991, provided that: 'If any part of Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, shall be held invalid, the remainder shall not be affected thereby.' EFFECTIVE DATE Section 38 of act June 25, 1948, ch. 646, 62 Stat. 992, provided that: 'The provisions of this Act shall take effect on September 1, 1948.' REPEALS; RIGHTS AND LIABILITIES SAVED Section 39 of act June 25, 1948, ch. 646, 62 Stat. 992, repealed the sections or parts thereof of the Revised Statutes of the United States, Statutes at Large, or the Revised Statutes of the District of Columbia covering provisions codified in this title, but saved any rights or liabilities then existing under said sections or parts thereof. R.S. Sec. 1012 as affected by act Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167 (section 880 of former Title 28, Judicial Code and Judiciary), provided that appeals from district courts shall be subject to the same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error. This provision was repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. Section 2 of act Jan. 31, 1928, ch. 14, 45 Stat. 54, as amended Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, Sec. 23, 62 Stat. 990 (section 861b of former Title 28, Judicial Code and Judiciary), provided that: 'All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error.' WRITS OF ERROR Act Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54 (section 861a of former Title 28, Judicial Code and Judiciary), provided that: 'The writ of error in cases, civil and criminal, is abolished. All relief which heretofore (Jan. 31, 1928) could be obtained by writ of error shall hereafter be obtainable by appeal.' This provision was omitted from the 1948 Revised Judicial Code as obsolete, and repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. TITLE 28 AS CONTINUATION OF EXISTING LAW; CHANGE OF NAME OF CIRCUIT COURTS OF APPEALS Section 2(b) of act June 25, 1948, ch. 646, 62 Stat. 985, provided that: 'The provisions of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act, with respect to the organization of each of the several courts therein provided for and of the Administrative Office of the United States Courts, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on the effective date of this Act (Sept. 1, 1948), shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of title 28, as set out in section 1 of this Act, pursuant to his prior appointment: Provided, however, That each circuit court of appeals shall, as in said title 28 set out, hereafter be known as a United States court of appeals. No loss of rights, interruption of jurisdiction, or prejudice to matters pending in any of such courts on the effective date of this Act shall result from its enactment.' -CROSS- CROSS REFERENCES District of Columbia, organization of courts, see Title 11 of District of Columbia Code. Territorial courts, see Title 48, Territories and Insular Possessions. United States Tax Court, see section 7441 et seq. of Title 26, Internal Revenue Code. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 9 section 4; title 5 section 8477; title 10 section 1054; title 11 section 105; title 12 section 2244; title 16 sections 18i, 558c, 742l, 823b, 3375; title 22 sections 2702, 4606; title 23 section 307; title 29 section 1706; title 42 sections 233, 300g-3, 300i-1, 300j-23, 3789h, 5055, 8433; title 43 section 1737; title 48 sections 1424-4, 1614, 1694, 1694c. ------DocID 37010 Document 2 of 1452------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 28 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 28. Briefs -STATUTE- (a) Brief of the appellant. - The brief of the appellant shall contain under appropriate headings and in the order here indicated: (1) A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where they are cited. (2) A statement of the issues presented for review. (3) A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the court below. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record (see subdivision (e)). (4) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. (5) A short conclusion stating the precise relief sought. (b) Brief of the appellee. - The brief of the appellee shall conform to the requirements of subdivision (a)(1)-(4), except that a statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant. (c) Reply brief. - The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross appeal. No further briefs may be filed except with leave of court. All reply briefs shall contain a table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the reply brief where they are cited. (d) References in briefs to parties. - Counsel will be expected in their briefs and oral arguments to keep to a minimum references to parties by such designations as 'appellant' and 'appellee'. It promotes clarity to use the designations used in the lower court or in the agency proceedings, or the actual names of parties, or descriptive terms such as 'the employee,' 'the injured person,' 'the taxpayer,' 'the ship,' 'the stevedore,' etc. (e) References in briefs to the record. - References in the briefs to parts of the record reproduced in the appendix filed with the brief of the appellant (see Rule 30(a)) shall be to the pages of the appendix at which those parts appear. If the appendix is prepared after the briefs are filed, references in the briefs to the record shall be made by one of the methods allowed by Rule 30(c). If the record is reproduced in accordance with the provisions of Rule 30(f), or if references are made in the briefs to parts of the record not reproduced, the references shall be to the pages of the parts of the record involved; e.g., Answer p. 7, Motion for Judgment p. 2, Transcript p. 231. Intelligible abbreviations may be used. If reference is made to evidence the admissibility of which is in controversy, reference shall be made to the pages of the appendix or of the transcript at which the evidence was identified, offered, and received or rejected. (f) Reproduction of statutes, rules, regulations, etc. - If determination of the issues presented requires the study of statutes, rules, regulations, etc. or relevant parts thereof, they shall be reproduced in the brief or in an addendum at the end, or they may be supplied to the court in pamphlet form. (g) Length of briefs. - Except by permission of the court, or as specified by local rule of the court of appeals, principal briefs shall not exceed 50 pages, and reply briefs shall not exceed 25 pages, exclusive of pages containing the corporate disclosure statement, table of contents, tables of citations and any addendum containing statutes, rules, regulations, etc. (h) Briefs in cases involving cross appeals. - If a cross appeal is filed, the plaintiff in the court below shall be deemed the appellant for the purposes of this rule and Rules 30 and 31, unless the parties otherwise agree or the court otherwise orders. The brief of the appellee shall contain the issues and argument involved in his appeal as well as the answer to the brief of the appellant. (i) Briefs in cases involving multiple appellants or appellees. - In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs. (j) Citation of supplemental authorities. - When pertinent and significant authorities come to the attention of a party after the party's brief has been filed, or after oral argument but before decision, a party may promptly advise the clerk of the court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall without argument state the reasons for the supplemental citations. Any response shall be made promptly and shall be similarly limited. -SOURCE- (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This rule is based upon Supreme Court Rule 40. For variations in present circuit rules on briefs see 2d Cir. Rule 17, 3d Cir. Rule 24, 5th Cir. Rule 24, and 7th Cir. Rule 17. All circuits now limit the number of pages of briefs, a majority limiting the brief to 50 pages of standard typographic printing. Fifty pages of standard typographic printing is the approximate equivalent of 70 pages of typewritten text, given the page sizes required by Rule 32 and the requirement set out there that text produced by a method other than standard typographic must be double spaced. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT The proposed amendment eliminates the distinction appearing in the present rule between the permissible length in pages of printed and typewritten briefs, investigation of the matter having disclosed that the number of words on the printed page is little if any larger than the number on a page typed in standard elite type. The provision is made subject to local rule to permit the court of appeals to require that typewritten briefs be typed in larger type and permit a correspondingly larger number of pages. Subdivision (j). Proposed new Rule 28(j) makes provision for calling the court's attention to authorities that come to the party's attention after the brief has been filed. It is patterned after the practice under local rule in some of the circuits. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT While Rule 28(g) can be read as requiring that tables of authorities be included in a reply brief, such tables are often not included. Their absence impedes efficient use of the reply brief to ascertain the appellant's response to a particular argument of the appellee or to the appellee's use of a particular authority. The amendment to Rule 28(c) is intended to make it clear that such tables are required in reply briefs. The amendment to Rule 28(j) is technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1989 AMENDMENT The amendment provides that the corporate disclosure statement required by new rule 26.1 shall be treated similarly to tables of contents and tables of citations and shall not be counted for purposes of the number of pages allowed in a brief. -CROSS- CROSS REFERENCES Harmless error, see section 2111 of this title. ------DocID 37072 Document 3 of 1452------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 28 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 28. Persons Before Whom Depositions May Be Taken -STATUTE- (a) Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. The term officer as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29. (b) In Foreign Countries. In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed 'To the Appropriate Authority in (here name the country).' Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules. (c) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES In effect this rule is substantially the same as U.S.C., Title 28, (former) Sec. 639 (Depositions de bene esse; when and where taken; notice). U.S.C., Title 28, (former) Sec. 642 (Depositions, acknowledgements, and affidavits taken by notaries public) does not conflict with subdivision (a). NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The added language (in subdivision (a)) provides for the situation, occasionally arising, when depositions must be taken in an isolated place where there is no one readily available who has the power to administer oaths and take testimony according to the terms of the rule as originally stated. In addition, the amendment affords a more convenient method of securing depositions in the case where state lines intervene between the location of various witnesses otherwise rather closely grouped. The amendment insures that the person appointed shall have adequate power to perform his duties. It has been held that a person authorized to act in the premises, as, for example, a master, may take testimony outside the district of his appointment. Consolidated Fastener Co. v. Columbian Button & Fastener Co., C.C.N.D.N.Y. 1898, 85 Fed. 54; Mathieson Alkali Works v. Arnold Hoffman & Co., C.C.A.1st, 1929, 31 F.2d 1. NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT The amendment of clause (1) is designed to facilitate depositions in foreign countries by enlarging the class of persons before whom the depositions may be taken on notice. The class is no longer confined, as at present, to a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States. In a country that regards the taking of testimony by a foreign official in aid of litigation pending in a court of another country as an infringement upon its sovereignty, it will be expedient to notice depositions before officers of the country in which the examination is taken. See generally Symposium, Letters Rogatory (Grossman ed. 1956); Doyle, Taking Evidence by Deposition and Letters Rogatory and Obtaining Documents in Foreign Territory, Proc. A.B.A., Sec. Int'l & Comp. L. 37 (1959); Heilpern, Procuring Evidence Abroad, 14 Tul.L.Rev. 29 (1939); Jones, International Judicial Assistance: Procedural Chaos and a Program for Reform, 62 Yale L.J. 515, 526-29 (1953); Smit, International Aspects of Federal Civil Procedure, 61 Colum.L.Rev. 1031, 1056-58 (1961). Clause (2) of amended subdivision (b), like the corresponding provision of subdivision (a) dealing with depositions taken in the United States, makes it clear that the appointment of a person by commission in itself confers power upon him to administer any necessary oath. It has been held that a letter rogatory will not be issued unless the use of a notice or commission is shown to be impossible or impractical. See, e.g., United States v. Matles, 154 F.Supp. 574 (E.D.N.Y. 1957); The Edmund Fanning, 89 F.Supp. 282 (E.D.N.Y. 1950); Branyan v. Koninklijke Luchtvaart Maatschappij, 13 F.R.D. 425 (S.D.N.Y. 1953). See also Ali Akber Kiachif v. Philco International Corp., 10 F.R.D. 277 (S.D.N.Y. 1950). The intent of the fourth sentence of the amended subdivision is to overcome this judicial antipathy and to permit a sound choice between depositions under a letter rogatory and on notice or by commission in the light of all the circumstances. In a case in which the foreign country will compel a witness to attend or testify in aid of a letter rogatory but not in aid of a commission, a letter rogatory may be preferred on the ground that it is less expensive to execute, even if there is plainly no need for compulsive process. A letter rogatory may also be preferred when it cannot be demonstrated that a witness will be recalcitrant or when the witness states that he is willing to testify voluntarily, but the contingency exists that he will change his mind at the last moment. In the latter case, it may be advisable to issue both a commission and a letter rogatory, the latter to be executed if the former fails. The choice between a letter rogatory and a commission may be conditioned by other factors, including the nature and extent of the assistance that the foreign country will give to the execution of either. In executing a letter rogatory the courts of other countries may be expected to follow their customary procedure for taking testimony. See United States v. Paraffin Wax, 2255 Bags, 23 F.R.D. 289 (E.D.N.Y. 1959). In many non-common-law countries the judge questions the witness, sometimes without first administering an oath, the attorneys put any supplemental questions either to the witness or through the judge, and the judge dictates a summary of the testimony, which the witness acknowledges as correct. See Jones, supra, at 530-32; Doyle, supra, at 39-41. The last sentence of the amended subdivision provides, contrary to the implications of some authority, that evidence recorded in such a fashion need not be excluded on that account. See The Mandu, 11 F.Supp. 845 (E.D.N.Y. 1935). But cf. Nelson v. United States, 17 Fed.Cas. 1340 (No. 10,116) (C.C.D.Pa. 1816); Winthrop v. Union Ins. Co., 30 Fed.Cas. 376 (No. 17901) (C.C.D.Pa. 1807). The specific reference to the lack of an oath or a verbatim transcript is intended to be illustrative. Whether or to what degree the value or weight of the evidence may be affected by the method of taking or recording the testimony is left for determination according to the circumstances of the particular case, cf. Uebersee Finanz-Korporation, A.G. v. Brownell, 121 F.Supp. 420 (D.D.C. 1954); Danisch v. Guardian Life Ins. Co., 19 F.R.D. 235 (S.D.N.Y. 1956); the testimony may indeed be so devoid of substance or probative value as to warrant its exclusion altogether. Some foreign countries are hostile to allowing a deposition to be taken in their country, especially by notice or commission, or to lending assistance in the taking of a deposition. Thus compliance with the terms of amended subdivision (b) may not in all cases ensure completion of a deposition abroad. Examination of the law and policy of the particular foreign country in advance of attempting a deposition is therefore advisable. See 4 Moore's Federal Practice 28.05-28.08 (2d ed. 1950). NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT The amendments are clarifying. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Certification and filing of depositions by officer, see rule 30. Compensation of person taking deposition, see section 1821 of this title. Foreign witnesses, depositions of, see section 1781 of this title. Letters rogatory, failure to respond, see rule 37. Taking responses to written interrogatories and preparation of record, see rule 31. Waiver as to disqualification of officer, see rule 32. ------DocID 37171 Document 4 of 1452------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 28 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 28. Notice: Condemnation -STATUTE- United States District Court for the Southern District of New York CIVIL ACTION, FILE NUMBER XX United States of America, Plaintiff v. 1,000 Acres of Land in Notice (here insert a general location as 'City of XX' or 'County of XX'), John Doe et al., and Unknown Owners, Defendants To (here insert the names of the defendants to whom the notice is directed): You are hereby notified that a complaint in condemnation has heretofore been filed in the office of the clerk of the United States District Court for the Southern District of New York, in the United States Court House in New York City, New York, for the taking (here state the interest to be acquired, as 'an estate in fee simple') for use (here state briefly the use, 'as a site for a post-office building') of the following described property in which you have or claim an interest. (Here insert brief description of the property in which the defendants, to whom the notice is directed, have or claim an interest.) The authority for the taking is (here state briefly, as 'the Act of XXX, XXX Stat. XXX, U.S.C., Title XXX, Sec. XXX'.) (FOOTNOTE 1) You are further notified that if you desire to present any objection or defense to the taking of your property you are required to serve your answer on the plaintiff's attorney at the address herein designated within twenty days after XXXXXXXX. (FOOTNOTE 2) Your answer shall identify the property in which you claim to have an interest, state the nature and extent of the interest you claim, and state all of your objections and defenses to the taking of your property. All defenses and objections not so presented are waived. And in case of your failure so to answer the complaint, judgment of condemnation of that part of the above-described property in which you have or claim an interest will be rendered. But without answering, you may serve on the plaintiff's attorney a notice of appearance designating the property in which you claim to be interested. Thereafter you will receive notice of all proceedings affecting it. At the trial of the issue of just compensation, whether or not you have previously appeared or answered, you may present evidence as to the amount of the compensation to be paid for your property, and you may share in the distribution of the award. XXXXXXXXXXXXXXXXX United States Attorney. Address XXXXXXXXXXXXX (Here state an address within the district where the United States Attorney may be served as 'United States Court House, New York, N.Y.'.) Dated XXXX (FOOTNOTE 1) And where appropriate add a citation to any applicable Executive Order. (FOOTNOTE 2) Here insert the words 'personal service of this notice upon you,' if personal service is to be made pursuant to subdivision (d)(3)(i) of this rule (Rule 71A); or, insert the date of the last publication of notice, if service by publication is to be made pursuant to subdivision (d)(3)(ii) of this rule. -SOURCE- (Added May 1, 1951, eff. Aug. 1, 1951.) ------DocID 37457 Document 5 of 1452------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 28 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 28. Persons Before Whom Depositions May Be Taken - Commissions and Letters Rogatory -STATUTE- (a) Within the United States. At any place within the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court. A person so appointed has power to administer oaths and take testimony. (b) In Foreign Countries. In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. (c) Commissions and Letters Rogatory - How Issued - When Issued - Interrogatories - Objections to Interrogatories. (1) A commission or a letter rogatory shall be issued in the name of the President of the United States and under the seal of the court to examine witnesses resident in another country. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. (2) Commissions or letters rogatory to take depositions shall be issued only upon order pursuant to a motion made in writing, after answer is filed, setting forth the names and addresses of the witnesses whose testimony is sought. (3) The proposed interrogatories shall be annexed to the motion for a commission or a letter rogatory. Unless the court orders otherwise, cross-interrogatories shall be served within 15 days after the motion is granted; within 10 days thereafter, redirect interrogatories may be served; and within 10 days thereafter, recross-interrogatories may be served. (4) Objections to all interrogatories may be made at the trial to the same extent and under the same conditions as provided in Rule 32 with respect to depositions on oral examination. Any objections to such interrogatories which are required to be made prior to the issuance of a commission or a letter rogatory shall be served within the time provided for the next succeeding interrogatories, or in the case of recross-interrogatories, within 10 days after service thereof. (d) Commissions and Letters Rogatory - To Whom Issued - Taking of Testimony - Use of Testimony. (1) Commissions may be issued to an American consul, or to a notary public, or other officer authorized to administer oaths by the laws of the country where the deposition is taken. Letters rogatory may be issued to a foreign or international tribunal, officer, or agency and may be addressed 'To the Appropriate Judicial Authority in (here name the country).' (2) Such commissions or letters rogatory, together with all interrogatories, shall be forwarded by the clerk of the court immediately after the time for filing objections to the last interrogatory has expired, or, if objection is made, immediately after the court's ruling on the last interrogatory becomes final, with directions to proceed promptly to take the testimony of the witness in response to all the interrogatories and to prepare, certify, and return the deposition to the clerk of the court, attaching thereto the commission or letter rogatory and all interrogatories. (3) The answers of each witness under oath to all interrogatories shall be in writing and signed by the official commissioned pursuant to paragraph (1) of this subdivision. The testimony so taken may be used in the same manner as prescribed in Rule 32. (e) Return, Notice, Filing of Deposition. Upon the return of the deposition the clerk of the court shall open and file it forthwith and give notice thereof to the parties. Any written motion to suppress such deposition, or any part thereof, shall be served within 30 days after the mailing of the notice. Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it departs from the requirements for depositions taken within the United States under these rules. (f) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) ------DocID 37350 Document 6 of 1452------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 28 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 28. Persons Before Whom Depositions May Be Taken -STATUTE- (a) Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held or before a person appointed by the court. A person so appointed has power to administer oaths and take testimony. The term officer as used in Rules 30, 31 and 32 includes a person appointed by the court or designated by the parties under Rule 29. (b) In Foreign Countries. In a foreign country, depositions may be taken: (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States; or (2) before a person commissioned by the court and a person so commissioned shall have the power by virtue of the person's commission to administer any necessary oath and take testimony; or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed 'To the Appropriate Authority in (here name the country).' Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules. (c) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. (d) Fees. The party at whose instance the deposition is taken shall be responsible for the payment of the officer's fees for taking, transcribing, and returning the deposition. ------DocID 37294 Document 7 of 1452------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 28 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VI -HEAD- Rule 28. Oral Argument -STATUTE- .1. Oral argument should emphasize and clarify the written arguments appearing in the briefs on the merits. Counsel should assume that all Justices of the Court have read the briefs in advance of oral argument. The Court looks with disfavor on oral argument read from a prepared text. .2. The petitioner or appellant is entitled to open and conclude the argument. A cross-writ of certiorari shall be argued with the initial writ of certiorari as one case in the time allowed for that one case and the Court will advise the parties who will open and close. .3. Unless otherwise directed, one-half hour on each side is allowed for argument. Counsel is not required to use all the allotted time. A request for additional time to argue must be presented by a motion to the Court under Rule 21 not later than 15 days after service of the petitioner's or appellant's brief on the merits and shall set forth with specificity and conciseness why the case cannot be presented within the half-hour limitation. Additional time is rarely accorded. .4. Only one attorney will be heard for each side, except by special permission granted upon a request presented not later than 15 days after service of the petitioner's or appellant's brief on the merits. The request must be presented by a motion to the Court under Rule 21 and shall set forth with specificity and conciseness why more than one attorney should argue. Divided argument is not favored. .5. In any case, and regardless of the number of counsel participating, counsel having the opening must present the case fairly and completely and not reserve points of substance for rebuttal. .6. Oral argument will not be allowed on behalf of any party for whom no brief has been filed. .7. By leave of the Court, and subject to paragraph .4 of this Rule, counsel for an amicus curiae whose brief has been duly filed pursuant to Rule 37 may, with the consent of a party, argue orally on the side of that party. In the absence of consent, counsel for an amicus curiae may orally argue only by leave of the Court on a motion particularly setting forth why oral argument is thought to provide assistance to the Court not otherwise available. The motion will be granted only in the most extraordinary circumstances. ------DocID 17770 Document 8 of 1452------ -CITE- 15 USC Sec. 80a-28 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-28. Face-amount certificate companies -STATUTE- (a) Issuance or sale of certificates It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, unless - (1) such company, if organized before March 15, 1940, was actively and continuously engaged in selling face-amount certificates on and before that date, and has outstanding capital stock worth upon a fair valuation of assets not less than $50,000; or if organized on or after March 15, 1940, has capital stock in an amount not less than $250,000 which has been bona fide subscribed and paid for in cash; and (2) such company maintains at all times minimum certificate reserves on all its outstanding face-amount certificates in an aggregate amount calculated and adjusted as follows: (A) the reserves for each certificate of the installment type shall be based on assumed annual, semi-annual, quarterly, or monthly reserve payments according to the manner in which gross payments for any certificate year are made by the holder, which reserve payments shall be sufficient in amount, as and when accumulated at a rate not to exceed 3 1/2 per centum per annum compounded annually, to provide the minimum maturity or face amount of the certificate when due. Such reserve payments may be graduated according to certificate years so that the reserve payment or payments for the first certificate year shall amount to at least 50 per centum of the required gross annual payment for such year and the reserve payment or payments for each of the second to fifth certificate years inclusive shall amount to at least 93 per centum of each such year's required gross annual payment and for the sixth and each subsequent certificate year the reserve payment or payments shall amount to at least 96 per centum of each such year's required gross annual payment: Provided, That such aggregate reserve payments shall amount to at least 93 per centum of the aggregate gross annual payments required to be made by the holder to obtain the maturity of the certificate. The company may at its option take as loading from the gross payment or payments for a certificate year, as and when made by the certificate holder, an amount or amounts equal in the aggregate for such year to not more than the excess, if any, of the gross payment or payments required to be made by the holder for such year, over and above the percentage of the gross annual payment required herein for such year for reserve purposes. Such loading may be taken by the company prior to or after the setting up of the reserve payment or payments for such year and the reserve payment or payments for such year may be graduated and adjusted to correspond with the amount of the gross payment or payments made by the certificate holder for such year less the loading so taken; (B) if the foregoing minimum percentages of the gross annual payments required under the provisions of such certificate should produce reserve payments larger than are necessary at 3 1/2 per centum per annum compounded annually to provide the minimum maturity or face amount of the certificate when due, the reserve shall be based upon reserve payments accumulated as provided under preceding subparagraph (A) of this paragraph except that in lieu of the 3 1/2 per centum rate specified therein, such rate shall be lowered to the minimum rate, expressed in multiples of one-eighth of 1 per centum, which will accumulate such reserve payments to the maturity value when due; (C) if the actual annual gross payment to be made by the certificate holder on any certificate issued prior to or after the effective date of this chapter is less than the amount of any assumed reserve payment or payments for a certificate year, such company shall maintain as a part of such minimum certificate reserves a deficiency reserve equal to the total present value of future deficiencies in the gross payments, calculated at a rate not to exceed 3 1/2 per centum per annum compounded annually; (D) for each certificate of the installment type the amount of the reserve shall at any time be at least equal to (1) the then amount of the reserve payments set up under subparagraphs (A) or (B) of this paragraph; (2) the accumulations on such reserve payments as computed under subparagraphs (A) or (B) of this paragraph; (3) the amount of any deficiency reserve required under subparagraph (C) of this paragraph; and (4) such amount as shall have been credited to the account of each certificate holder in the form of any credit, or any dividend, or any interest in addition to the minimum maturity amount specified in such certificate, plus any accumulations on any amount or amounts so credited, at a rate not exceeding 3 1/2 per centum per annum compounded annually; (E) for each certificate which is fully paid, including any fully paid obligations resulting from or effected upon the maturity of the previously issued certificate, and for each paid-up certificate issued as provided in subsection (f) of this section prior to maturity, the amount of the reserve shall at any time be at least equal to (1) such amount as and when accumulated at a rate not to exceed 3 1/2 per centum per annum compounded annually, will provide the amount or amounts payable when due and (2) such amount as shall have been credited to the account of each such certificate holder in the form of any credit, or any dividend, or any interest in addition to the minimum maturity amount specified in the certificate, plus any accumulations on any amount or amounts so credited, at a rate not exceeding 3 1/2 per centum per annum compounded annually; (F) for each certificate of the installment type under which gross payments have been made by or credited to the holder thereof covering a payment period or periods or any part thereof beyond the then current payment period as defined by the terms of such certificate, and for which period or periods no reserve has been set up under subparagraph (A) or (B) of this paragraph, an advance payment reserve shall be set up and maintained in the amount of the present value of any such unapplied advance gross payments, computed at a rate not to exceed 3 1/2 per centum per annum compounded annually; (G) such appropriate contingency reserves for death and disability benefits and for reinstatement rights on any such certificate providing for such benefits or rights as the Commission shall prescribe by rule, regulation, or order based upon the experience of face-amount companies in relation to such contingencies. At no time shall the aggregate certificate reserves herein required by subparagraphs (A) to (F) of this paragraph, be less than the aggregate surrender values and other amounts to which all certificate holders may be then entitled. For the purpose of this subsection, no certificate of the installment type shall be deemed to be outstanding if before a surrender value has been attained the holder thereof has been in continuous default in making his payments thereon for a period of one year. (b) Asset requirements prior to sale of certificates It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, unless such company has, in cash or qualified investments, assets having a value not less than the aggregate amount of the capital stock requirement and certificate reserves as computed under the provisions of subsection (a) of this section. As used in this subsection, 'qualified investments' means investments of a kind which life-insurance companies are permitted to invest in or hold under the provisions of the Code of the District of Columbia as heretofore or hereafter amended, and such other investments as the Commission shall by rule, regulation, or order authorize as qualified investments. Such investments shall be valued in accordance with the provisions of said Code where such provisions are applicable. Investments to which such provisions do not apply shall be valued in accordance with such rules, regulations, or orders as the Commission shall prescribe for the protection of investors. (c) Certificate reserve requirements The Commission shall by rule, regulation, or order, in the public interest or for the protection of investors, require a registered face-amount certificate company to deposit and maintain, upon such terms and conditions as the Commission shall prescribe and as are appropriate for the protection of investors, with one or more institutions having the qualifications required by paragraph (1) of section 80a-26(a) of this title for a trustee of a unit investment trust, all or any part of the investments maintained by such company as certificate reserve requirements under the provisions of subsection (b) of this section: Provided, however, That where qualified investments are maintained on deposit by such company in respect of its liabilities under certificates issued to or held by residents of any State as required by the statute of such State or by any order, regulation, or requirement of such State or any official or agency thereof, the amount so on deposit, but not to exceed the amount of reserves required by subsection (a) of this section for the certificates so issued or held, shall be deducted from the amount of qualified investments that may be required to be deposited hereunder. Assets which are qualified investments under subsection (b) of this section and which are deposited under or as permitted by this subsection, may be used and shall be considered as a part of the assets required to be maintained under the provisions of said subsection (b). (d) Provisions required in certificate It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, unless such certificate contains a provision or provisions to the effect - (1) that, in respect of any certificate of the installment type, during the first certificate year the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the reserve payments as specified in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this section and at the end of such certificate year, a value payable in cash at least equal to 50 per centum of the amount of the gross annual payment required thereby for such year; (2) that, in respect of any certificate of the installment type, at any time after the expiration of the first certificate year and prior to maturity, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the then amount of the reserve for such certificate required by numbered items (1) and (2) of subparagraph (D) of paragraph (2) of subsection (a) of this section, less a surrender charge that shall not exceed 2 per centum of the face or maturity amount of the certificate, or 15 per centum of the amount of such reserve, whichever is the lesser, but in no event shall such value be less than 50 per centum of the amount of such reserve. The amount of the surrender value for the end of each certificate year shall be set out in the certificate; (3) that, in respect of any certificate of the installment type, the holder of the certificate, upon surrender thereof for cash or upon receipt of a paid-up certificate as provided in subsection (f) of this section, shall be entitled to a value payable in cash equal to the then amount of any advance payment reserve under such certificate required by subparagraph (F) of paragraph (2) of subsection (a) of this section in addition to any other amounts due the holder hereunder; (4) that at any time prior to maturity, in respect of any certificate which is fully paid, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the then amount of the reserve for such certificate required by item (1) of subparagraph (E) of paragraph (2) of subsection (a) of this section, less a surrender charge that shall not exceed 2 per centum of the face or maturity amount of the certificate, or 15 per centum of the amount of such reserve, whichever is the lesser: Provided, however, That such surrender charge shall not apply as to any obligations of a fully paid type resulting from the maturity of a previously issued certificate. The amount of the surrender value for the end of each certificate year shall be set out in the certificate; (5) that in respect of any certificate, the holder of the certificate, upon maturity, upon surrender thereof for cash or upon receipt of a paid-up certificate as provided in subsection (f) of this section, shall be entitled to a value payable in cash equal to the then amount of the reserve, if any, for such certificate required by item (4) of subparagraph (D) of paragraph (2) of subsection (a) of this section or item (2) of subparagraph (E) of paragraph (2) of said subsection (a) in addition to any other amounts due the holder hereunder. The term 'certificate year' as used in this section in respect of any certificate of the installment type means a period or periods for which one year's payment or payments as provided by the certificate have been made thereon by the holder and the certificate maintained in force by such payments for the time for which the same have been made, and in respect of any certificate which is fully paid or paid-up means any year ending on the anniversary of the date of issuance of the certificate. Any certificate may provide for loans or advances by the company to the certificate holder on the security of such certificate upon terms prescribed therein but at an interest rate not exceeding 6 per centum per annum. The amount of the required reserves, deposits, and the surrender values thereof available to the holder may be adjusted to take into account any unpaid balance on such loans or advances and interest thereon, for the purposes of this subsection and subsections (b) and (c) of this section. Any certificate may provide that the company at its option may, prior to the maturity thereof, defer any payment or payments to the certificate holder to which he may be entitled under this subsection, for a period of not more than thirty days: Provided, That in the event such option is exercised by the company, interest shall accrue on any payment or payments due to the holder, for the period of such deferment at a rate equal to that used in accumulating the reserves for such certificate: And provided further, That the Commission may, by rules and regulations or orders in the public interest or for the protection of investors, make provision for any other deferment upon such terms and conditions as it shall prescribe. (e) Liability of holder to legal action for unpaid amount of certificate It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, which certificate makes the holder liable to any legal action or proceeding for any unpaid amount on such certificate. (f) Optional right to paid up certificate in lieu of cash surrender value It shall be unlawful for any registered face-amount certificate company to issue or sell any face-amount certificate, or to collect or accept any payment on any such certificate issued by such company on or after the effective date of this subchapter, (1) unless such face-amount certificate contains a provision or provisions to the effect that the holder shall have an optional right to receive a paid-up certificate in lieu of the then attained cash surrender value provided therein and in the amount of such value plus accumulations thereon at a rate to be specified in the paid-up certificate equal to that used in computing the reserve on the original certificate under subparagraph (A) or (B) of paragraph (2) of subsection (a) of this section, such paid-up certificate to become due and payable at the end of a period equal to the balance of the term of such original certificate before maturity; and during the period prior to maturity such paid-up certificate shall have a cash value upon surrender thereof equal to the then amount of the reserve therefor; and (2) unless such face-amount certificate contains a further provision or provisions to the effect that if the holder be in continuous default in his payments on such certificate for a period of six months without having exercised his option to receive a paid-up certificate, as herein provided, the company at the expiration of such six months shall pay the surrender value in cash if such value is less than $100 or if such value is $100 or more shall issue such paid-up certificate to such holder and such payment or issuance, plus the payment of all other amounts to which he may be then entitled under the original certificate, shall operate to cancel his original certificate: Provided, That in lieu of the issuance of a new paid-up certificate the original certificate may be converted into a paid-up certificate with the same effect; and (3) unless, where such certificate provides, in the event of default, for the deferment of payments thereon by the holder or of the due dates of such payments or of the maturity date of the certificate, it shall also provide in effect for the right of reinstatement by the holder of the certificate after default and for an option in the holder, at the time of reinstatement, to make up the payment or payments for the default period next preceding such reinstatement with interest thereon not exceeding 6 per centum per annum, with the same effect as if no such default in making such payments had occurred. The term 'default' as used in this subsection shall, without restricting its usual meaning, include a failure to make a payment or payments as and when provided by the certificate. (g) Application of section to company issuing certificates only to holders of previously issued certificates The foregoing provisions of this section shall not apply to a face-amount certificate company which on or before the effective date of this chapter has discontinued the offering of face-amount certificates to the public and issues face-amount certificates only to the holders of certificates previously issued pursuant to an obligation expressed or implied in such certificates. (h) Declaration or payment of dividends It shall be unlawful for any registered face-amount certificate company which does not maintain the minimum certificate reserve on all its outstanding face-amount certificates issued prior to the effective date of this chapter, in an aggregate amount calculated and adjusted as provided in this section to declare or pay any dividends on the shares of such company for or during any calendar year which shall exceed one-third of the net earnings for the next preceding calendar year or which shall exceed 10 per centum of the aggregate net earnings for the next preceding five calendar years, whichever is the lesser amount, or any dividend which shall have been forbidden by the Commission pursuant to the provision of the next sentence of this paragraph. At least thirty days before such company shall declare, pay, or distribute any dividend, it shall give the Commission written notice of its intention to declare, pay, or distribute the same; and if at any time it shall appear to the Commission that the declaration, payment or distribution of any dividend for or during any calendar year might impair the financial integrity of such company or its ability to meet its liabilities under its outstanding face-amount certificates, it may by order forbid the declaration, distribution, or payment of any such dividend. (i) Application of section to certificates issued prior to effective date of section The foregoing provisions of this section shall apply to all face-amount certificates issued prior to the effective date of this subsection; to the collection or acceptance of any payment on such certificates; to the issuance of face-amount certificates to the holders of such certificates pursuant to an obligation expressed or implied in such certificates; to the provisions of such certificates; to the minimum certificate reserves and deposits maintained with respect thereto; and to the assets that the issuer of such certificate was and is required to have with respect to such certificates. With respect to all face-amount certificates issued after the effective date of this subsection, the provisions of this section shall apply except as hereinafter provided. (1) Notwithstanding subparagraph (A) of paragraph (2) of subsection (a) of this section, the reserves for each certificate of the installment type shall be based on assumed annual, semiannual, quarterly, or monthly reserve payments according to the manner in which gross payments for any certificate year are made by the holder, which reserve payments shall be sufficient in amount, as and when accumulated at a rate not to exceed 3 1/2 per centum per annum compounded annually, to provide the minimum maturity or face amount of the certificate when due. Such reserve payments may be graduated according to certificate years so that the reserve payment or payments for the first three certificate years shall amount to at least 80 per centum of the required gross annual payment for such years; the reserve payment or payments for the fourth certificate year shall amount to at least 90 per centum of such year's required gross annual payment; the reserve payment or payments for the fifth certificate year shall amount to at least 93 per centum of such year's gross annual payment; and for the sixth and each subsequent certificate year the reserve payment or payments shall amount to at least 96 per centum of each such year's required gross annual payment: Provided, That such aggregate reserve payments shall amount to at least 93 per centum of the aggregate gross annual payments required to be made by the holder to obtain the maturity of the certificate. The company may at its option take as loading from the gross payment or payments for a certificate year, as and when made by the certificate holder, an amount or amounts equal in the aggregate for such year to not more than the excess, if any, of the gross payment or payments required to be made by the holder for such year, over and above the percentage of the gross annual payment required herein for such year for reserve purposes. Such loading may be taken by the company prior to or after the setting up of the reserve payment or payments for such year and the reserve payment or payments for such year may be graduated and adjusted to correspond with the amount of the gross payment or payments made by the certificate holder for such year less the loading so taken. (2) Notwithstanding paragraphs (1) and (2) of subsection (d) of this section, (A) in respect of any certificate of the installment type, during the first certificate year, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than 80 per centum of the amount of the gross payments made on the certificate; and (B) in respect of any certificate of the installment type, at any time after the expiration of the first certificate year and prior to maturity, the holder of the certificate, upon surrender thereof, shall be entitled to a value payable in cash not less than the then amount of the reserve for such certificate required by clauses (1) and (2) of subparagraph (D) of paragraph (2) of subsection (a) of this section, less a surrender charge that shall not exceed 2 per centum of the face or maturity amount of the certificate, or 15 per centum of the amount of such reserve, whichever is the lesser, but in no event shall such value be less than 80 per centum of the gross payments made on the certificate. The amount of the surrender value for the end of each certificate year shall be set out in the certificate. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 28, 54 Stat. 829; Dec. 14, 1970, Pub. L. 91-547, Sec. 17, 84 Stat. 1426; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 620, 621, 101 Stat. 1262.) -REFTEXT- REFERENCES IN TEXT For the effective date of this subchapter, referred to in subsecs. (a), (b), (d), (e), and (f), see section 80a-52 of this title. For the effective date of this chapter, referred to in subsecs. (a)(2)(C), (g), and (h), see sections 80a-52 and 80b-21 of this title. For the effective date of this subsection, referred to in subsec. (i), as the day upon expiration of 6 months after Dec. 14, 1970, see section 30(3) of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -MISC2- AMENDMENTS 1987 - Subsec. (a)(2)(B). Pub. L. 100-181, Sec. 620, substituted 'paragraph' for 'subsection'. Subsec. (d)(2). Pub. L. 100-181, Sec. 621, inserted 'of' before 'subsection (a)'. 1970 - Subsec. (i). Pub. L. 91-547 added subsec. (i). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective on expiration of six months after Dec. 14, 1970, see section 30(3) of Pub. L. 91-547, set out as a note under section 80a-2 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Organization of face-amount certificate companies by registered face-amount certificate company, see section 80a-12 of this title. Value as to assets of registered investment companies, definition of, see section 80a-2 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-2, 80a-6, 80a-12 of this title. ------DocID 18457 Document 9 of 1452------ -CITE- 15 USC CHAPTER 28 -EXPCITE- TITLE 15 CHAPTER 28 -HEAD- CHAPTER 28 - DISCLOSURE OF AUTOMOBILE INFORMATION -MISC1- Sec. 1231. Definitions. 1232. Label and entry requirements. 1232a. Repealed. 1233. Violations and penalties. (a) Failure to affix required label. (b) Failure to endorse required label. (c) Removal, alteration, or illegibility of required label. ------DocID 21121 Document 10 of 1452------ -CITE- 16 USC Sec. 460m-28 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-28. Flow management -STATUTE- (a) Findings The Congress finds that adjustments of flows from Bluestone Lake project during periods of low flow are necessary to respond to the congressional mandate contained in section 460m-23 of this title and that such adjustments could enhance the quality of the recreational experience in the segments of the river below the lake during those periods as well as protect the biological resources of the river. (b) Report to Congress required The Secretary of the Army, in conjunction with the Secretary of the Interior, shall conduct a study and prepare a report under this section. The report shall be submitted to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives not later than December 31, 1989. Before submission of the report to these Committees, a draft of the report shall be made available for public comment. The final report shall include the comments submitted by the Secretary of the Interior and the public, together with the response of the Secretary of the Army to those comments. (c) Contents of study The study under this section shall examine the feasibility of adjusting the timing of daily releases from Bluestone Lake project during periods when flows from the lake are less than three thousand cubic feet per second. The purpose of such adjustment shall be to improve recreation (including, but not limited to, fishing and whitewater recreation) in the New River Gorge National River. Any such adjustments in the timing of flows which are proposed in such report shall be consistent with other project purposes and shall not have significant adverse effects on fishing or on any other form of recreation in Bluestone Lake or in any segment of the river below Bluestone Lake. The study shall assess the effects of such flow adjustments on the quality of recreation on the river in the segments of the river between Hinton and Thurmond and between Thurmond and the downstream boundary of the New River Gorge National River, taking into account the levels of recreational visitation in each of such segments. (d) Test procedures As part of the study under this section, the Secretary of the Army shall conduct test releases from Bluestone Lake project during twenty-four-hour periods during the summer of 1989 when flows are less than three thousand cubic feet per second from the project. All such adjustments shall conform to the criteria specified in subsection (c) of this section. The tests shall provide adjustments in the timing of daily flows from Bluestone Lake project which permit flows higher than the twenty-four-hour average to reach downstream recreational segments of the river during morning and afternoon hours. The tests shall develop specific data on the effects of flow adjustments on the speed of the current and on water surface levels in those segments. No test shall be conducted when flows from the lake are less than one thousand seven hundred cubic feet per second and no test shall reduce flows below that level. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1115, as added Pub. L. 100-534, title I, Sec. 104, Oct. 26, 1988, 102 Stat. 2701.) ------DocID 22894 Document 11 of 1452------ -CITE- 16 USC CHAPTER 28 -EXPCITE- TITLE 16 CHAPTER 28 -HEAD- CHAPTER 28 - WILD AND SCENIC RIVERS -MISC1- Sec. 1271. Congressional declaration of policy. 1272. Congressional declaration of purpose. 1273. National wild and scenic rivers system. (a) Composition; application; publication in Federal Register; expense; administration of federally owned lands. (b) Classification, designation, and administration of rivers. 1274. Component rivers and adjacent lands. (a) Designation. (b) Establishment of boundaries; classification. (c) Public inspection of maps and descriptions. (d) Comprehensive management plan for protection of river values; review of boundaries, classifications, and plans. 1275. Additions to national wild and scenic rivers system. (a) Reports by Secretaries of the Interior and Agriculture; recommendations to Congress; contents of reports. (b) Study of report by affected Federal and State officials; recommendations and comments; transmittal to President and Congress. (c) Publication in Federal Register. (d) Areas comprised by boundaries; scope of study report. 1276. Rivers constituting potential additions to national wild and scenic rivers system. (a) Enumeration of designated rivers. (b) Studies and reports. (c) State participation. (d) Continuing consideration by Federal agencies to potential national, wild, scenic and recreational river areas. 1277. Land acquisition. (a) Grant of authority to acquire; State and Indian lands; use of appropriated funds; acquisition of tracts partially outside component boundaries; disposition of lands. (b) Curtailment of condemnation power in area 50 per centum or more of which is owned in fee title by Federal or State government. (c) Curtailment of condemnation power in urban areas covered by valid and satisfactory zoning ordinances. (d) Exchange of property. (e) Transfer of jurisdiction over federally owned property to appropriate Secretary. (f) Acceptance of donated land, funds, and other property. (g) Retained right of use and occupancy; termination; fair market value; 'improved property' defined. 1278. Restrictions on water resources projects. (a) Construction projects licensed by Federal Energy Regulatory Commission. (b) Construction projects on rivers designated for potential addition to system. (c) Activities in progress affecting river of system; notice to Secretary. (d) Grants under Land and Water Conservation Fund Act of 1965. 1279. Withdrawal of public lands from entry, sale, or other disposition under public land laws. (a) Lands within authorized boundaries of components of system. (b) Lands constituting bed or bank of river; lands within bank area. 1280. Federal mining and mineral leasing laws. (a) Applicability to components of system. (b) Withdrawal from appropriation of minerals in Federal river beds or bank areas; prospecting, leases, licenses, and permits. 1281. Administration. (a) Public use and enjoyment of components; protection of features; management plans. (b) Wilderness areas. (c) Areas administered by National Park Service and Fish and Wildlife Service. (d) Statutory authorities relating to national forests. (e) Cooperative agreements with State and local governments. 1282. Assistance to State and local projects. (a) Assistance of the Secretary of the Interior. (b) Assistance of Secretaries of Interior, Agriculture, or other Federal agency heads; use of Federal facilities, equipment, etc.; conditions on permits or other authorizations. 1283. Management policies. (a) Action of Secretaries and heads of agencies; cooperative agreements. (b) Existing rights, privileges, and contracts affecting Federal lands. (c) Water pollution. 1284. Existing State jurisdiction and responsibilities. (a) Fish and wildlife. (b) Compensation for water rights. (c) Reservation of waters for other purposes or in unnecessary quantities prohibited. (d) State jurisdiction over included streams. (e) Interstate compacts. (f) Rights of access to streams. (g) Easements and rights-of-way. 1285. Claim and allowance of charitable deduction for contribution or gift of easement. 1285a. Lease of Federal lands. (a) Authority of Secretary; restrictive covenants. (b) Offer to prior owner. 1285b. Establishment of boundaries for certain component rivers in Alaska; withdrawal of minerals. 1286. Definitions. 1287. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 460gg-3, 460bbb-3, 544k of this title. ------DocID 25113 Document 12 of 1452------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 28 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 28. Interpreters -STATUTE- The court may appoint an interpreter of its own selection and may fix the reasonable compensation of such interpreter. Such compensation shall be paid out of funds provided by law or by the government, as the court may direct. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, eff. July 1, 1975.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES The power of the court to call its own witnesses, though rarely invoked, is recognized in the Federal courts, Young v. United States, 107 F.2d 490 (C.C.A. 5th); Litsinger v. United States, 44 F.2d 45 (C.C.A. 7th). This rule provides a procedure whereby the court may, if it chooses, exercise this power in connection with expert witnesses. The rule is based, in part, on the Uniform Expert Testimony Act, drafted by the Commissioners on Uniform State Laws, Hand Book of the National Conference of Commissioners on Uniform State Laws (1937), 337; see, also, Wigmore - Evidence, 3d Ed., sec. 563; A.L.I. Code of Criminal Procedure, secs. 307-309; National Commission on Law of Observance and Enforcement - Report on Criminal Procedure, 37. Similar provisions are found in the statutes of a number of States: Wisconsin - Wis.Stat. (1941), sec. 357.12; Indiana - Ind.Stat.Ann. (Burns, 1933), sec. 9-1702; California - Cal.Pen.Code (Deering, 1941), sec. 1027. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (a). - The original rule is made a separate subdivision. The amendment permits the court to inform the witness of his duties in writing since it often constitutes an unnecessary inconvenience and expense to require the witness to appear in court for such purpose. Subdivision (b). - This new subdivision authorizes the court to appoint and provide for the compensation of interpreters. General language is used to give discretion to the court to appoint interpreters in all appropriate situations. Interpreters may be needed to interpret the testimony of non-English speaking witnesses or to assist non-English speaking defendants in understanding the proceedings or in communicating with assigned counsel. Interpreters may also be needed where a witness or a defendant is deaf. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (a). This subdivision is stricken, since the subject of court-appointed expert witnesses is covered in Evidence Rule 706 in detail. Subdivision (b). The provisions of subdivision (b) are retained. Although Evidence Rule 703 specifies the qualifications of interpreters and the form of oath to be administered to them, it does not cover their appointment or compensation. EFFECTIVE DATE OF AMENDMENT PROPOSED NOVEMBER 20, 1972 Amendment of this rule embraced by the order entered by the Supreme Court of the United States on November 20, 1972, effective on the 180th day beginning after January 2, 1975, see section 3 of Pub. L. 93-595, Jan. 2, 1975, 88 Stat. 1959, set out as a note under section 3771 of this title. ------DocID 25167 Document 13 of 1452------ -CITE- 19 USC Sec. 26 to 28 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 26 to 28. Repealed. Aug. 2,