I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/23/93 at 23:16:30. Database: USCODE Search: (30:CITE) ------DocID 38454 Document 1 of 739------ -CITE- 30 USC TITLE 30 -EXPCITE- TITLE 30 -HEAD- TITLE 30 - MINERAL LANDS AND MINING -MISC1- Chap. Sec. 1. The Bureau of Mines 1 2. Mineral Lands and Regulations in General 21 3. Lands Containing Coal, Oil, Gas, Salts, Asphaltic Materials, Sodium, Sulphur, and Building Stone 71 3A. Leases and Prospecting Permits 181 4. Lease of Gold, Silver, or Quicksilver Deposits When Title Confirmed by Court of Private Land Claims 291 5. Lease of Oil and Gas Deposits in or Under Railroads and Other Rights-of-Way 301 6. Synthetic Liquid Fuel Demonstration Plants (Omitted) 321 7. Lease of Mineral Deposits Within Acquired Lands 351 8. Development of Lignite Coal Resources 401 9. Rare and Precious Metals Experiment Station 411 10. Coal Mine Safety (Repealed) 451 11. Mining Claims on Lands Subject to Mineral Leasing Laws 501 12. Multiple Mineral Development of the Same Tracts 521 12A. Entry and Location on Coal Lands on Discovery of Source Material 541 13. Control of Coal-Mine Fires 551 14. Anthracite Mine Drainage and Flood Control 571 15. Surface Resources 601 16. Mineral Development of Lands Withdrawn for Power Development 621 17. Exploration Program for Discovery of Minerals 641 18. Coal Research and Development 661 19. Lead and Zinc Stabilization Program (Omitted) 681 20. Conveyances to Occupants of Unpatented Mining Claims 701 21. Metal and Nonmetallic Mine Safety (Repealed) 721 22. Mine Safety and Health 801 23. Geothermal Steam and Associated Geothermal Resources 1001 24. Geothermal Energy Research, Development, and Demonstration 1101 25. Surface Mining Control and Reclamation 1201 26. Deep Seabed Hard Mineral Resources 1401 27. Geothermal Energy 1501 28. Materials and Minerals Policy, Research, and Development 1601 29. Oil and Gas Royalty Management 1701 30. National Critical Materials Council 1801 ------DocID 38497 Document 2 of 739------ -CITE- 30 USC Sec. 30 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 30. Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants' filing of judgment roll, certificate of labor, and description of claim in land office, and acreage and fee payments; issuance of patents for entire or partial claims upon certification of land office proceedings and judgment roll; alienation of patent title -STATUTE- Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the Director of the Bureau of Land Management that the re- quisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the register $5 per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the Director of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Director of the Bureau of Land Management whereupon the register shall certify the proceedings and judgment roll to the Director of the Bureau of Land Management, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever. -SOURCE- (R.S. Sec. 2326; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -COD- CODIFICATION R.S. Sec. 2326 derived from act May 10, 1872, ch. 152, Sec. 7, 17 Stat. 93. -MISC3- AMENDMENTS 1925 - Act Mar. 3, 1925, affected words, in third and fourth sentences of text, now reading 'United States supervisor of surveys', and words, in third sentence of text, now reading 'pay to the register $5 per acre.' Such words formerly read 'surveyor-general', and 'pay to the receiver five dollars per acre', respectively. Such act is treated more fully in notes under section 29 of this title. -TRANS- TRANSFER OF FUNCTIONS Director of the Bureau of Land Management substituted for United States Supervisor of Surveys following the words 'certificate of the' in sentence beginning 'After such judgment' and following the words 'description by the' in sentence beginning 'If it appears'. In the establishment of the Bureau of Land Management by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, the office of Supervisor of Surveys was abolished and the functions and powers were transferred to the Secretary of the Interior, to be performed by such officers or agencies of the Department as might be designated by the Secretary. Under that authority, the functions and powers formerly exercised by the Supervisor of Surveys were delegated to the Chief Cadastral Engineer, subject to the supervision of the Director of the Bureau of Land Management. In the general reorganization and realignment of functions of the Bureau, the office of the Chief Cadastral Engineer was abolished, and the functions of that office have been delegated to the Director of the Bureau of Land Management. See 43 C.F.R. Sec. 9180.0-3(a)(1). 'Director of the Bureau of Land Management' was substituted for 'Commissioner of the General Land Office' following the words 'register to the' in sentence beginning 'After such judgment' and in sentence beginning 'If it appears' following the words 'judgment roll to the' on authority of Reorg. Plan No. 3 of 1946, set Sec. 403, set out in the Appendix to Title 5. Section 403 of Reorg. Plan No. 3 of 1946, abolished the office of the Commissioner of the General Land Office and consolidated the functions of the General Land Office with the Grazing Service to form the Bureau of Land Management. Office of register of district land office abolished and all functions of register transferred to Secretary of the Interior, or to officers and agencies of Department of the Interior as Secretary may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, set out in the Appendix to Title 5. -CROSS- CROSS REFERENCES Civil actions for just compensation by holders of mining claims within National Park System mining areas, see section 1910 of Title 16, Conservation. Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. Recordation of mining claims within National Park System areas, see section 1907 of Title 16, Conservation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39133 Document 3 of 739------ -CITE- 30 USC CHAPTER 30 -EXPCITE- TITLE 30 CHAPTER 30 -HEAD- CHAPTER 30 - NATIONAL CRITICAL MATERIALS COUNCIL -MISC1- Sec. 1801. Congressional findings and declaration of purposes. 1802. Establishment of National Critical Materials Council. 1803. Responsibilities and authorities of Council. (a) Primary responsibilities of Council. (b) Specific authorities of Council. (c) Collaboration and cooperation of Council and Federal agencies with responsibilities related to materials. 1804. Program and policy for advanced materials research and technology. (a) Functions of Council. (b) Review by Office of Management and Budget. 1805. Innovation in basic and advanced materials industries. (a) Centers for Industrial Technology; recommendations for establishment; activities. (b) Mechanism for dissemination of data; establishment; computerization. 1806. Compensation of members and reimbursement. (a) Basic pay for levels II and III of Executive Schedule. (b) Reimbursement of travel expenses for attendance at meetings. 1807. Executive Director. (a) Function, appointment, and compensation. (b) Personnel and services of experts and consultants; rules and regulations. (c) Consultation with other groups; utilization of public and private services, facilities, and information. (d) Utilization of voluntary and uncompensated labor and services. 1808. Responsibilities and duties of Director. 1809. General authority of Council. 1810. Authorization of appropriations. 1811. 'Materials' defined. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 5202. ------DocID 14618 Document 4 of 739------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 30 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS MOTIONS -HEAD- Rule 30. Motions -STATUTE- (a) All motions will be filed in writing and will state with particularity the relief sought, the factual or legal grounds for requesting such relief, and will include a certificate of filing and service in accordance with Rule 39(c). A copy will be served on opposing counsel and others who have entered an appearance in the proceedings. (b) Any answer to a motion will be filed no later than 5 days after the filing of the motion. (c) Motions will be separately filed before the Court and shall not be incorporated in any other pleading. (d) Once a notice of hearing has been given to counsel for the parties, motions other than those to file recent supplemental citations of authority without additional argument may not be filed within 5 working days prior to the date on which such hearing is scheduled except by leave of the Court and for good cause shown. (e) Oral motions presented by counsel by leave of the Court during a hearing shall be forthwith reduced to writing by the moving counsel and filed with the Court within 3 days after such hearing. (f) Notwithstanding any other provision of these rules, the Court may immediately act on any motion without awaiting an answer from the opposing side, if it appears that the relief sought ought to be granted. Any party adversely affected by such action may request reconsideration, vacation, or modification of such action. ------DocID 15162 Document 5 of 739------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 30 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 30. - Ballot for Accepting or Rejecting Plan -STATUTE- (CAPTION AS IN FORM NO. 1) BALLOT FOR ACCEPTING OR REJECTING PLAN Filed by XXXXXX on XXXXXX The plan referred to in this ballot can be confirmed by the court and thereby made binding on you if it is accepted by the holders of two-thirds in amount and more than one-half in number of claims in each class and the holders of two-thirds in amount of equity security interests in each class voting on the plan. In the event the requisite acceptances are not obtained, the court may nevertheless confirm the plan if the court finds that the plan accords fair and equitable treatment to the class rejecting it. To have your vote count you must complete and return this ballot. (If equity security holder) The undersigned, the holder of (state number) XXXXXX shares of (describe type) XXXXXXXXX stock of the above-named debtor, represented by Certificate(s) No. XXXXXX, registered in the name of XXXXXX. (If bondholder, debenture holder, or other debt security holder) The undersigned, the holder of (state unpaid principal amount) $XXXX of (describe security) XXXXXX of the above-named debtor, with a stated maturity date of XXXXXX (if applicable registered in the name of XXXXXX) (if applicable bearing serial number(s) XXXXXX) (If holder of general claim) The undersigned, a creditor of the above-named debtor in the unpaid principal amount of $XXXX, (CHECK ONE BOX) Accepts Rejects the plan for the reorganization of the above-named debtor. (If more than one plan is accepted, the following may but need not be completed.) The undersigned prefers the plans accepted in the following order: (Identify plans) 1. XXXXXXXXXXXXXXXXXXXXXX 2. XXXXXXXXXXXXXXXXXXXXXX Dated: XXXXXX Print or type name: XXXXXXXXXX Signed: XXXXXXXXXX (If appropriate) By: XXXXXXXXXX as: XXXXXXXXXX Address: XXXXXXXXXX XXXXXXXXXX Return this ballot on or before XXXXXX TO: Name: XXXXXXXXXX Address: XXXXXXXXXX -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form may be modified as necessary to include identification of as many plans as may have been transmitted on which a vote will be taken. The form can also be modified to take account of the types of parties who will vote as among equity security holders (see Sec. 101(15) of the Code for definition of equity security), security holders (see Sec. 101(35) for definition of security), secured creditors and unsecured creditors. Before the form is transmitted, the blanks identifying the plan and the name and address of the person to whom it should be returned should be completed for the information of creditors and equity security holders. ------DocID 15199 Document 6 of 739------ -CITE- 12 USC Sec. 30 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 30. Change of name or location -STATUTE- (a) Any national banking association, upon written notice to the Comptroller of the Currency, may change its name, except that such new name shall include the word 'National'. (b) Any national banking association, upon written notice to the Comptroller of the Currency, may change the location of its main office to any authorized branch location within the limits of the city, town, or village in which it is situated, or, with a vote of shareholders owning two-thirds of the stock of such association for a relocation outside such limits and upon receipt of a certificate of approval from the Comptroller of the Currency, to any other location within or outside the limits of the city, town, or village in which it is located, but not more than thirty miles beyond such limits. -SOURCE- (May 1, 1886, ch. 73, Sec. 2, 24 Stat. 18; Sept. 8, 1959, Pub. L. 86-230, Sec. 3, 73 Stat. 457; Oct. 15, 1982, Pub. L. 97-320, title IV, Sec. 405(a), 96 Stat. 1512; Jan. 12, 1983, Pub. L. 97-457, Sec. 19(a), 96 Stat. 2509.) -MISC1- AMENDMENTS 1983 - Subsec. (b). Pub. L. 97-457 inserted 'for a relocation outside such limits' after 'stock of such association'. 1982 - Pub. L. 97-320 designated existing provisions as subsec. (a), substituted provisions permitting a change of name upon written notice to the Comptroller, such new name to include 'National', for provisions permitting a change of name or location of the main office, with approval of the Comptroller, within city limits, etc., or outside such limits by vote of shareholders, such change to be validated by certificate of approval, and added subsec. (b). 1959 - Pub. L. 86-230 required approval of Comptroller of the Currency before a national bank could change location of its main office within the limitations of the city, town, or village in which it is situated. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title. -CROSS- CROSS REFERENCES Conversion of national banks into State banks, see sections 214 to 214c of this title. ------DocID 16720 Document 7 of 739------ -CITE- 12 USC CHAPTER 30 -EXPCITE- TITLE 12 CHAPTER 30 -HEAD- CHAPTER 30 - COMMUNITY REINVESTMENT -MISC1- Sec. 2901. Congressional findings and statement of purpose. 2902. Definitions. 2903. Financial institutions; evaluation. 2904. Report to Congress. 2905. Regulations. 2906. Written evaluations. (a) Required. (b) Public section of report. (c) Confidential section of report. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1430 of this title. ------DocID 17473 Document 8 of 739------ -CITE- 15 USC Sec. 30 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 30. Depositions for use in suits in equity; proceedings open to public -STATUTE- In the taking of depositions of witnesses for use in any suit in equity brought by the United States under sections 1 to 7 of this title, and in the hearings before any examiner or special master appointed to take testimony therein, the proceedings shall be open to the public as freely as are trials in open court; and no order excluding the public from attendance on any such proceedings shall be valid or enforceable. -SOURCE- (Mar. 3, 1913, ch. 114, 37 Stat. 731.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Depositions and discovery, see rules 26 to 37, Title 28, Appendix, Judiciary and Judicial Procedure. Masters, see rule 53. One form of action, see rule 2. Rules as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1312 of this title. ------DocID 17772 Document 9 of 739------ -CITE- 15 USC Sec. 80a-30 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-30. Accounts and records -STATUTE- (a) Records constituting basis for financial statements; records necessary to record person's transactions with company Every registered investment company, and every underwriter, broker, dealer, or investment adviser which is a majority-owned subsidiary of such a company, shall maintain and preserve for such period or periods as the Commission may prescribe by rules and regulations, such accounts, books, and other documents as constitute the record forming the basis for financial statements required to be filed pursuant to section 80a-29 of this title, and of the auditor's certificates relating thereto. Every investment adviser not a majority-owned subsidiary of, and every depositor of any registered investment company, and every principal underwriter for any registered investment company other than a closed-end company, shall maintain and preserve for such period or periods as the Commission shall prescribe by rules and regulations, such accounts, books, and other documents as are necessary or appropriate to record such person's transactions with such registered company. (b) Examination of records by Commission All accounts, books, and other records, required to be maintained and preserved by any person pursuant to subsection (a) of this section, shall be subject at any time and from time to time to such reasonable periodic, special, and other examinations by the Commission, or any member or representative thereof, as the Commission may prescribe. Any such person shall furnish to the Commission, within such reasonable time as the Commission may prescribe, copies of or extracts from such records which may be prepared without undue effort, expense, or delay, as the Commission may by order require. (c) Uniformity in accounting policies The Commission may, in the public interest or for the protection of investors, issue rules and regulations providing for a reasonable degree of uniformity in the accounting policies and principles to be followed by registered investment companies in maintaining their accounting records and in preparing financial statements required pursuant to this subchapter. (d) Application for exemption from provisions of section The Commission, upon application made by any registered investment company, may by order exempt a specific transaction or transactions from the provisions of any rule or regulation made pursuant to subsection (c) of this section, if the Commission finds that such rule or regulation should not reasonably be applied to such transaction. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 31, 54 Stat. 838.) -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 Authority of commission as to reports, etc., to be filed or accounting policies, see section 80a-2 of this title. False statements in accounts or records, penalty, see section 80a-48 of this title. Falsification of reports and records, see section 80a-33 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-2, 80a-6, 80a-33, 80a-48, 80a-56, 80a-63 of this title. ------DocID 18468 Document 10 of 739------ -CITE- 15 USC CHAPTER 30 -EXPCITE- TITLE 15 CHAPTER 30 -HEAD- CHAPTER 30 - HAZARDOUS SUBSTANCES -MISC1- Sec. 1261. Definitions. 1262. Declaration of hazardous substances. (a) Declaration of hazardous substances by regulation; review. (b) Reasonable variations or additional label requirements. (c) Exemption from requirements by regulation. (d) Exemption from requirements of this chapter of substances or containers adequately regulated by other provisions of law. (e) Regulation of toys or articles intended for use by children. (f) Commencement of proceeding for promulgation of regulation; notice. (g) Publication of standard; termination of proceeding for promulgation of regulation; monitoring of compliance. (h) Publication of proposed rule together with preliminary regulatory analysis. (i) Publication of final regulatory analysis with regulation; required findings; judicial review. (j) Petition to initiate rulemaking. 1263. Prohibited acts. 1264. Penalties; exceptions. (a) Criminal penalties. (b) Exceptions. (c) Civil penalties. (d) Civil action for injunction. 1265. Seizures. (a) Grounds and jurisdiction. (b) Procedure; multiplicity of pending proceedings. (c) Disposition of goods after decree of condemnation. (d) Costs and fees. (e) Removal of case for trial. 1266. Hearing before report of criminal violation. 1267. Injunctions; criminal contempt; trial by court or jury. (a) Jurisdiction. (b) Trials. 1268. Proceedings in name of United States; subpenas. 1269. Regulations. (a) Authority. (b) Joint regulations. 1270. Examinations and investigations. (a) Authority to conduct. (b) Inspection; notice; samples. (c) Receipt for sample; results of analysis. 1271. Records of interstate shipment. 1272. Publicity; reports; dissemination of information. (a) Summaries of judgments, decrees, orders. (b) Information as to health dangers and investigations. 1273. Imports. (a) Delivery of samples to Commission; examination; refusal of admission. (b) Disposition of refused articles. (c) Expenses in connection with refused articles. (d) Statement of exportation: filing period, information; notification of foreign country; petition for minimum filing period: good cause. 1274. Remedies respecting banned hazardous substances. (a) Notice to protect public; form and contents. (b) Order of Commission; repair, replacement, or refund. (c) Discretionary remedial activities available to Commission; orders; contents. (d) Charge for remedy; reimbursement for expenses. (e) Hearing; representative of class. (f) 'Manufacturer' defined. (g) Cost-benefit analysis of notification or other action not required. 1275. Toxicological Advisory Board. (a) Establishment; functions; review and recommendations. (b) Membership; appointment; qualifications; Chairman; term of office; reappointment; vacancies; meetings; compensation and travel expenses; Federal nonemployee status. (c) Termination. 1276. Congressional veto of hazardous substances regulations. (a) Transmission to Congress. (b) Disapproval by concurrent resolution. (c) Presumptions from Congressional action or inaction. (d) Continuous session of Congress. 1277. Labeling of art materials. (a) Regulation status of standard D-4236 of American Society for Testing and Materials. (b) Requirements applicable to standard D-4236. (c) Revisions incorporated into standard D-4236; notice and hearing; amendment; opportunity for comment; transcript of proceedings. (d) Guidelines for determining chronically hazardous art materials; issuance; public hearing; scope of criteria; review; amendment. (e) Informational and educational materials; development and distribution. (f) Injunctions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1276, 1460, 2052, 2055, 2079 of this title. ------DocID 19654 Document 11 of 739------ -CITE- 16 USC Sec. 30 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 30. Jail building; office of magistrate judge -STATUTE- The Secretary of the Interior shall cause to be erected in Yellowstone National Park a suitable building to be used as a jail, and also having in said building an office for the use of the United States magistrate judge. -SOURCE- (May 7, 1894, ch. 72, Sec. 9, 28 Stat. 75; Oct. 17, 1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 321, 104 Stat. 5117.) -COD- CODIFICATION Section 9 of the act of May 7, 1894, contained the added clause, 'the cost of such building not to exceed five thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated upon certificate of the Secretary as a voucher therefor,' which was superseded by the provisions contained in section 451 of this title. -CHANGE- CHANGE OF NAME 'United States magistrate judge' substituted in text for 'magistrate' pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, 'magistrate' substituted for 'commissioner' pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 21b, 30a of this title. ------DocID 22926 Document 12 of 739------ -CITE- 16 USC CHAPTER 30 -EXPCITE- TITLE 16 CHAPTER 30 -HEAD- CHAPTER 30 - WILD HORSES AND BURROS: PROTECTION, MANAGEMENT, AND CONTROL -MISC1- Sec. 1331. Congressional findings and declaration of policy. 1332. Definitions. 1333. Powers and duties of Secretary. (a) Jurisdiction; management; ranges; ecological balance objectives; scientific recommendations; forage allocation adjustments. (b) Inventory and determinations; consultation; overpopulation; research study: submittal to Congress. (c) Title of transferee to limited number of excess animals adopted for requisite period. (d) Loss of status as wild free-roaming horses and burros; exclusion from coverage. 1334. Private maintenance; numerical approximation; strays on private lands: removal; destruction by agents. 1335. Recovery rights. 1336. Cooperative agreements; regulations. 1337. Joint advisory board; appointment; membership; functions; qualifications; reimbursement limitations. 1338. Criminal provisions. (a) Violations; penalties; trial. (b) Arrest; appearance for examination or trial; warrants: issuance and execution. 1338a. Transportation of captured animals; procedures and prohibitions applicable. 1339. Limitation of authority. 1340. Joint report to Congress; consultation and coordination of implementation, enforcement, and departmental activities; studies. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 43 section 1901. ------DocID 25116 Document 13 of 739------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 30 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VI -HEAD- Rule 30. Instructions -STATUTE- At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. At the same time copies of such requests shall be furnished to all parties. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury. The court may instruct the jury before or after the arguments are completed or at both times. No party may assign as error any portion of the charge or omission therefrom unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which that party objects and the grounds of the objection. Opportunity shall be given to make the objection out of the hearing of the jury and, on request of any party, out of the presence of the jury. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule corresponds to Rule 51 of the Federal Rules of Civil Procedure (28 U.S.C., Appendix), the second sentence alone being new. It seemed appropriate that on a point such as instructions to juries there should be no difference in procedure between civil and criminal cases. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendment requires the court, on request of any party, to require the jury to withdraw in order to permit full argument of objections to instructions. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments. The purpose of the amendment is to give the court discretion to instruct the jury before or after closing arguments, or at both times. The amendment will permit courts to continue instructing the jury after arguments as Rule 30 had previously required. It will also permit courts to instruct before arguments in order to give the parties an opportunity to argue to the jury in light of the exact language used by the court. See generally Raymond, Merits and Demerits of the Missouri System in Instructing Juries, 5 St. Louis U.L.J. 317 (1959). Finally, the amendment plainly indicates that the court may instruct both before and after arguments, which assures that the court retains power to remedy omissions in pre-argument instructions or to add instructions necessitated by the arguments. NOTES OF ADVISORY COMMITTEE ON RULES - 1988 AMENDMENT The amendment is technical. No substantive change is intended. -CROSS- CROSS REFERENCES Harmless error, and plain error, generally, see rule 52. ------DocID 25169 Document 14 of 739------ -CITE- 19 USC Sec. 30 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 30. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(34), 70 Stat. 948 -MISC1- Section, act Sept. 30, 1890, ch. 1126, 26 Stat. 511, related to administration of oaths by clerks and inspectors of customs. ------DocID 26086 Document 15 of 739------ -CITE- 20 USC Sec. 30 to 34 -EXPCITE- TITLE 20 CHAPTER 2 -HEAD- Sec. 30 to 34. Repealed. Pub. L. 90-576, title I, Sec. 103, Oct. 16, 1968, 82 Stat. 1091 -MISC1- Section 30, acts Mar. 3, 1931, ch. 404, Sec. 1, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits of sections 11-15, 16, and 18-28 of this title. Section 31, act Mar. 18, 1950, ch. 71, Sec. 1, 64 Stat. 27, extended to Virgin Islands the benefits of Vocational Education Act of 1946 (sections 15i to 15m, 15o to 15q, 15aa to 15jj, and 15aaa to 15ggg of this title). Section 32, act Mar. 18, 1950, ch. 71, Sec. 2, 64 Stat. 27; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, authorized distribution of funds to Virgin Islands. Section 33, act Mar. 18, 1950, ch. 71, Sec. 3, 64 Stat. 27; 1953 Reorg. Plan No. 1, Sec. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set conditions governing use and payment of funds in Virgin Islands. Section 34, act Aug. 1, 1956, ch. 852, Sec. 9, 70 Stat. 909, extended to Guam the benefits of Vocational Education Act of 1946. EFFECTIVE DATE OF REPEAL Section 103 of Pub. L. 90-576 provided that the repeal is effective July 1, 1969. ------DocID 27018 Document 16 of 739------ -CITE- 20 USC CHAPTER 30 -EXPCITE- TITLE 20 CHAPTER 30 -HEAD- CHAPTER 30 - BASIC EDUCATION FOR ADULTS -MISC1- SUBCHAPTER I - BASIC PROGRAM PROVISIONS Sec. 1201. Statement of purpose. 1201a. Definitions. 1201b. Authorization of appropriations; allotments. (a) Authorization of appropriations. (b) Allotment. (c) Reallotment. (d) Reservation of funds for national programs. SUBCHAPTER II - STATE PROGRAMS PART A - BASIC STATE GRANTS 1203. Basic grants. 1203a. Use of funds; local applications. (a) Use of funds. (b) Limitations on use of funds. 1203b. Local administrative cost limits. PART B - PROGRAMS FOR CORRECTIONS EDUCATION AND EDUCATION FOR OTHER INSTITUTIONALIZED INDIVIDUALS 1204. Program authorized. PART C - STATE ADMINISTRATIVE RESPONSIBILITIES 1205. State administration. (a) State agency responsibilities. (b) State imposed requirements. (c) Limitation on State administrative costs. 1205a. State advisory council on adult education. (a) Requirement. (b) Representation on council. (c) Certification. (d) Procedures. (e) Terms. (f) Duties. PART D - PLANNING AND APPLICATIONS 1206. State plan and application. (a) Requirement. (b) Procedure for submission and consideration. (c) GEPA provision. 1206a. Four-year State plan. (a) Procedures required in formulating State plan. (b) Required assessments. (c) Components of State plan. (d) Limited English proficiency rule. 1206b. State applications PART E - EVALUATION AND STATE PLAN AMENDMENTS 1207. State plan amendments. (a) Timely submission. (b) Consideration by Secretary. (c) Transition rule. 1207a. Evaluation. PART F - DEMONSTRATION PROJECTS 1208. Special experimental demonstration projects and teacher training. (a) Use of funds. (b) Applications. PART G - FEDERAL SHARE; FEDERAL ADMINISTRATIVE RESPONSIBILITIES 1209. Payments. (a) Federal share. (b) Maintenance of effort. SUBCHAPTER III - WORKPLACE LITERACY AND ENGLISH LITERACY GRANTS 1211. Business, industry, labor, and education partnerships for workplace literacy. (a) Grants for exemplary demonstration partnerships for workplace literacy. (b) Grants to States. (c) Authorization of appropriations. 1211a. English literacy grants. (a) Grants to States. (b) Set-aside for community-based organizations. (c) Report. (d) Demonstration program. (e) Evaluation and audit. (f) Authorization of appropriations. SUBCHAPTER IV - NATIONAL PROGRAMS 1213. Adult migrant farmworker and immigrant education. (a) General authority. (b) Priority. 1213a. Adult literacy volunteer training. (a) General authority. (b) Priority. 1213b. State program analysis assistance and policy studies. (a) Federal assistance. (b) Determination of literacy. (c) Report on status of literacy and adult education. (d) Evaluation report. 1213c. National research activities. (a) Approved activities. (b) Research concerning special needs. 1213d. Limitation. -COD- CODIFICATION The Adult Education Act, comprising this chapter, was originally enacted by Pub. L. 89-750, title III, Nov. 3, 1966, 80 Stat. 1216, and amended by Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 90-576, Oct. 16, 1968, 82 Stat. 1064; Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 91-600, Dec. 30, 1970, 84 Stat. 1660; Pub. L. 92-318, June 23, 1972, 86 Stat. 235; Pub. L. 93-29, May 3, 1973, 87 Stat. 30; Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 713; Pub. L. 94-273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-405, Sept. 10, 1976, 90 Stat. 1225; Pub. L. 94-482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95-112, Sept. 24, 1977, 91 Stat. 911; Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96-46, Aug. 6, 1979, 93 Stat. 338; Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98-511, Oct. 19, 1984, 98 Stat. 2366; Pub. L. 98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 100-77, July 22, 1987, 101 Stat. 482; Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 130. Such Act is shown herein, however, as having been added by Pub. L. 100-297, title II, Sec. 2102, Apr. 28, 1988, 102 Stat. 302, without reference to such intervening amendments because of the extensive revision of the Act's provisions by Pub. L. 100-297. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1013, 2323, 2403, 2726, 2744, 2745, 2746, 2764, 3489 of this title; title 42 sections 683, 3013. ------DocID 29026 Document 17 of 739------ -CITE- 22 USC Sec. 277d-30 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-30. Lower Rio Grande drainage conveyance canal projects; agreements with Mexico for construction, operation, and maintenance; division of costs; non-Federal assurances of one-half of Federal costs -STATUTE- The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized, notwithstanding any other provision of law and subject to the conditions provided in this section and section 277d-31 of this title to conclude an agreement or agreements with the appropriate official or officials of the Government of the United Mexican States for the construction, operation, and maintenance by the United Mexican States under the supervision of the International Boundary and Water Commission, United States and Mexico, of a drainage conveyance canal through Mexican territory for the discharge of waters of El Morillo and other drains in the United Mexican States into the Gulf of Mexico in the manner, and having substantially the characteristics, described in said Commission's minute numbered 223, dated November 30, 1965. The agreement or agreements shall provide that the cost of construction including costs of design and right-of-way and the costs of operation and maintenance, shall be equally divided between the United Mexican States and the United States. Before concluding the agreement or agreements, the Secretary of State shall receive satisfactory assurances from private citizens or a responsible local group that they or it will pay to the United States Treasury one-half of the actual United States costs of such construction, including costs of design and right-of-way, and one-half of the actual costs of operation and maintenance allocated under such agreement or agreements to the United States. Payments to the United States Treasury under this section shall be covered into the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 89-584, Sec. 1, Sept. 19, 1966, 80 Stat. 808.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 277d-31 of this title. ------DocID 30028 Document 18 of 739------ -CITE- 22 USC CHAPTER 30 -EXPCITE- TITLE 22 CHAPTER 30 -HEAD- CHAPTER 30 - INTERNATIONAL COOPERATION IN HEALTH AND MEDICAL RESEARCH -MISC1- Sec. 2101. Statement of purpose. 2102. Authority of Secretary. (a) Use of health research and research training resources. (b) Fellowships; equipment, meetings and conferences; interchange of scientists and experts; consultants; compensation and travel expenses. (c) Definitions. 2103. Authority of President. (a) Use of foreign currencies and credits. (b) Disease and health deficiency investigations, experiments, and studies; rehabilitation. (c) Fellowships; equipment; technical assistance; interchange of scientists and experts; compensation and travel expenses; health science programs and projects; meetings and conferences; scientific publications. (d) Programs of an operational nature excepted from assistance. (e) Consultants; advisory committees; compensation and travel expenses. (f) Delegation of authority; regulations. (g) Use of foreign currencies and credits. (h) Report to Congress. (i) Definitions. 2104. Authority of Federal officers and agencies unaffected. ------DocID 31508 Document 19 of 739------ -CITE- 24 USC Sec. 30 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 30. Payments to donors of blood for persons undergoing treatment at Government expense -STATUTE- Any person, whether or not in the employ of the United States, who shall furnish blood from his or her veins for transfusion into the veins of a person entitled to and undergoing treatment at Government expense, whether in a Federal hospital or institution or in a civilian hospital or institution, or who shall furnish blood for blood banks or for other scientific and research purposes in connection with the care of any person entitled to treatment at Government expense, shall be entitled to be paid therefor such reasonable sum, not to exceed $50, for each blood withdrawal as may be determined by the head of the department or independent agency concerned, from public funds available to such department or independent agency for medical and hospital supplies: Provided, That no payment shall be made under this authority to any person for blood withdrawn for the benefit of the person from whom it is withdrawn. -SOURCE- (Feb. 9, 1927, ch. 91, 44 Stat. 1066; June 2, 1939, ch. 173, 53 Stat. 803; July 30, 1941, ch. 332, 55 Stat. 609.) -MISC1- AMENDMENTS 1941 - Act July 30, 1941, struck out requirement that donor had to be in the Military Establishment or a Government employee and that patient had to be in a Government hospital to have donor qualify for payment. 1939 - Act June 2, 1939, included the furnishing of blood by employees of the United States Government. ------DocID 32430 Document 20 of 739------ -CITE- 25 USC Sec. 640d-30 -EXPCITE- TITLE 25 CHAPTER 14 SUBCHAPTER XXII -HEAD- Sec. 640d-30. Navajo Rehabilitation Trust Fund -STATUTE- (a) Establishment There is hereby established in the Treasury of the United States a trust fund to be known as the 'Navajo Rehabilitation Trust Fund', which shall consist of the funds transferred under subsection (b) of this section and of the funds appropriated pursuant to subsection (f) of this section and any interest or investment income accrued on such funds. (b) Deposit of income into Fund All of the net income derived by the Navajo Tribe from the surface and mineral estates of lands located in New Mexico that are acquired for the benefit of the Navajo Tribe under section 640d-10 of this title shall be deposited into the Navajo Rehabilitation Trust Fund. (c) Secretary as trustee; investment of funds The Secretary shall be the trustee of the Navajo Rehabilitation Trust Fund and shall be responsible for investment of the funds in such Trust Fund. (d) Availability of funds; purposes Funds in the Navajo Rehabilitation Trust Fund, including any interest or investment accruing thereon, shall be available to the Navajo Tribe, with the approval of the Secretary, solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, educational, and social condition of families, and Navajo communities, that have been affected by - (1) the decison in the Healing case, or related proceedings, (2) the provision (FOOTNOTE 1) of this subchapter, or (FOOTNOTE 1) So in original. Probably should be 'provisions'. (3) the establishment by the Secretary of the Interior of grazing district number 6 as land for the exclusive use of the Hopi Tribe. (e) Conceptual framework for expenditure of funds By December 1, 1989, the Secretary of the Interior, with the advice of the Navajo Tribe and the Office of Navajo and Hopi Indian Relocation, shall submit to the Congress a conceptual framework for the expenditure of the funds authorized for the Navajo Rehabilitation Trust Fund. Such framework is to be consistent with the purposes described in subsection (d) of this section. (f) Termination of Trust Fund The Navajo Rehabilitation Trust Fund shall terminate when, upon petition by the Navajo Tribe, the Secretary determines that the goals of the Trust Fund have been met and the United States has been reimbursed for funds appropriated under subsection (f) of this section. All funds in the Trust Fund on such date shall be transferred to the general trust funds of the Navajo Tribe. (g) Authorization of appropriations; reimbursement of General Fund There is hereby authorized to be appropriated for the Navajo Rehabilitation Trust Fund not (FOOTNOTE 2) exceed $10,000,000 in each of fiscal years 1990, 1991, 1992, 1993, 1994 and 1995. The income from the land referred to in subsection (b) of this section shall be used to reimburse the General Fund of the United States Treasury for amounts appropriated to the Fund. (FOOTNOTE 2) So in original. Probably should be 'not to'. -SOURCE- (Pub. L. 93-531, Sec. 32, as added Pub. L. 100-666, Sec. 7, Nov. 16, 1988, 102 Stat. 3932, and amended Pub. L. 101-121, title I, Sec. 120, Oct. 23, 1989, 103 Stat. 722.) -COD- CODIFICATION Another section 32 of Pub. L. 93-531 was enacted by Pub. L. 100-696, title IV, Sec. 407, Nov. 18, 1988, 102 Stat. 4593, and is classified to section 640d-31 of this title. -MISC3- AMENDMENTS 1989 - Subsecs. (e) to (g). Pub. L. 101-121 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. ------DocID 33451 Document 21 of 739------ -CITE- 25 USC CHAPTER 30 -EXPCITE- TITLE 25 CHAPTER 30 -HEAD- CHAPTER 30 - INDIAN LAW ENFORCEMENT REFORM -MISC1- Sec. 2801. Definitions. 2802. Indian law enforcement responsibilities. (a) Responsibility of Secretary. (b) Division of Law Enforcement Services; establishment and responsibilities. (c) Additional responsibilities of Division. (d) Branch of Criminal Investigations; establishment, responsibilities, regulations, personnel, etc. (e) Division of Law Enforcement Services personnel; standards of education, experience, etc.; classification of positions. 2803. Law enforcement authority. 2804. Assistance by other agencies. (a) Agreement for use of personnel or facilities of Federal, tribal, State, or other government agency. (b) Agreement to be in accord with agreements between Secretary and Attorney General. (c) Limitations on use of personnel of non-Federal agency. (d) Authority of Federal agency head to enter into agreement with Secretary. (e) Authority of Federal agency head to enter into agreement with Indian tribe. (f) Status of person as Federal employee. 2805. Regulations. 2806. Jurisdiction. (a) Investigative jurisdiction over offenses against criminal laws. (b) Exercise of investigative authority. (c) Law enforcement commission or other delegation of prior authority not invalidated or diminished. (d) Authorities in addition to prior authority; civil or criminal jurisdiction, law enforcement, investigative, or judicial authority, of United States, Indian tribes, States, etc., unaffected. 2807. Uniform allowance. 2808. Source of funds. 2809. Reports to tribes. (a) Reports by law enforcement officials of Bureau or Federal Bureau of Investigation. (b) Reports by United States attorney. (c) Case file included within reports. (d) Transfer or disclosure of confidential or privileged communication, information or sources to tribal officials. ------DocID 33542 Document 22 of 739------ -CITE- 26 USC Sec. 30 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart B -HEAD- (Sec. 30. Renumbered Sec. 41) ------DocID 35918 Document 23 of 739------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 30 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 30. Pleadings Allowed -STATUTE- There shall be a petition and an answer, and, where required under these Rules, a reply. No other pleading shall be allowed, except that the Court may permit or direct some other responsive pleading. (See Rule 175(b) as to small tax cases.) ------DocID 37012 Document 24 of 739------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 30 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 30. Appendix to the briefs -STATUTE- (a) Duty of appellant to prepare and file; content of appendix; time for filing; number of copies. - The appellant shall prepare and file an appendix to the briefs which shall contain: (1) the relevant docket entries in the proceeding below; (2) any relevant portions of the pleadings, charge, findings or opinion; (3) the judgment, order or decision in question; and (4) any other parts of the record to which the parties wish to direct the particular attention of the court. Except where they have independent relevance, memoranda of law in the district court should not be included in the appendix. The fact that parts of the record are not included in the appendix shall not prevent the parties or the court from relying on such parts. Unless filing is to be deferred pursuant to the provisions of subdivision (c) of this rule, the appellant shall serve and file the appendix with the brief. Ten copies of the appendix shall be filed with the clerk, and one copy shall be served on counsel for each party separately represented, unless the court shall by rule or order direct the filing or service of a lesser number. (b) Determination of contents of appendix; cost of producing. - The parties are encouraged to agree as to the contents of the appendix. In the absence of agreement, the appellant shall, not later than 10 days after the date on which the record is filed, serve on the appellee a designation of the parts of the record which the appellant intends to include in the appendix and a statement of the issues which the appellant intends to present for review. If the appellee deems it necessary to direct the particular attention of the court to parts of the record not designated by the appellant, the appellee shall, within 10 days after receipt of the designation, serve upon the appellant a designation of those parts. The appellant shall include in the appendix the parts thus designated. In designating parts of the record for inclusion in the appendix, the parties shall have regard for the fact that the entire record is always available to the court for reference and examination and shall not engage in unnecessary designation. Unless the parties otherwise agree, the cost of producing the appendix shall initially be paid by the appellant, but if the appellant considers that parts of the record designated by the appellee for inclusion are unnecessary for the determination of the issues presented the appellant may so advise the appellee and the appellee shall advance the cost of including such parts. The cost of producing the appendix shall be taxed as costs in the case, but if either party shall cause matters to be included in the appendix unnecessarily the court may impose the cost of producing such parts on the party. Each circuit shall provide by local rule for the imposition of sanctions against attorneys who unreasonably and vexatiously increase the costs of litigation through the inclusion of unnecessary material in the appendix. (c) Alternative method of designating contents of the appendix; how references to the record may be made in the briefs when alternative method is used. - If the court shall so provide by rule for classes of cases or by order in specific cases, preparation of the appendix may be deferred until after the briefs have been filed, and the appendix may be filed 21 days after service of the brief of the appellee. If the preparation and filing of the appendix is thus deferred, the provisions of subdivision (b) of this Rule 30 shall apply, except that the designations referred to therein shall be made by each party at the time each brief is served, and a statement of the issues presented shall be unnecessary. If the deferred appendix authorized by this subdivision is employed, references in the briefs to the record may be to the pages of the parts of the record involved, in which event the original paging of each part of the record shall be indicated in the appendix by placing in brackets the number of each page at the place in the appendix where that page begins. Or if a party desires to refer in a brief directly to pages of the appendix, that party may serve and file typewritten or page proof copies of the brief within the time required by Rule 31(a), with appropriate references to the pages of the parts of the record involved. In that event, within 14 days after the appendix is filed the party shall serve and file copies of the brief in the form prescribed by Rule 32(a) containing references to the pages of the appendix in place of or in addition to the initial references to the pages of the parts of the record involved. No other changes may be made in the brief as initially served and filed, except that typographical errors may be corrected. (d) Arrangement of the appendix. - At the beginning of the appendix there shall be inserted a list of the parts of the record which it contains, in the order in which the parts are set out therein, with references to the pages of the appendix at which each part begins. The relevant docket entries shall be set out following the list of contents. Thereafter, other parts of the record shall be set out in chronological order. When matter contained in the reporter's transcript of proceedings is set out in the appendix, the page of the transcript at which such matter may be found shall be indicated in brackets immediately before the matter which is set out. Omissions in the text of papers or of the transcript must be indicated by asterisks. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) shall be omitted. A question and its answer may be contained in a single paragraph. (e) Reproduction of exhibits. - Exhibits designated for inclusion in the appendix may be contained in a separate volume, or volumes, suitably indexed. Four copies thereof shall be filed with the appendix and one copy shall be served on counsel for each party separately represented. The transcript of a proceeding before an administrative agency, board, commission or officer used in an action in the district court shall be regarded as an exhibit for the purpose of this subdivision. (f) Hearing of appeals on the original record without the necessity of an appendix. - A court of appeals may by rule applicable to all cases, or to classes of cases, or by order in specific cases, dispense with the requirement of an appendix and permit appeals to be heard on the original record, with such copies of the record, or relevant parts thereof, as the court may require. -SOURCE- (As amended Mar. 30, 1970, eff. July 1, 1970; Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Subdivision (a). Only two circuits presently require a printed record (5th Cir. Rule 23(a); 8th Cir. Rule 10 (in civil appeals only)), and the rules and practice in those circuits combine to make the difference between a printed record and the appendix, which is now used in eight circuits and in the Supreme Court in lieu of the printed record, largely nominal. The essential characteristics of the appendix method are: (1) the entire record may not be reproduced; (2) instead, the parties are to set out in an appendix to the briefs those parts of the record which in their judgment the judges must consult in order to determine the issues presented by the appeal; (3) the appendix is not the record but merely a selection therefrom for the convenience of the judges of the court of appeals; the record is the actual trial court record, and the record itself is always available to supply inadvertent omissions from the appendix. These essentials are incorporated, either by rule or by practice, in the circuits that continue to require the printed record rather than the appendix. See 5th Cir. Rule 23(a)(9) and 8th Cir. Rule 10(a)-(d). Subdivision (b). Under the practice in six of the eight circuits which now use the appendix method, unless the parties agree to use a single appendix, the appellant files with his brief an appendix containing the parts of the record which he deems it essential that the court read in order to determine the questions presented. If the appellee deems additional parts of the record necessary he must include such parts as an appendix to his brief. The proposed rules differ from that practice. By the new rule a single appendix is to be filed. It is to be prepared by the appellant, who must include therein those parts which he deems essential and those which the appellee designates as essential. Under the practice by which each party files his own appendix the resulting reproduction of essential parts of the record is often fragmentary; it is not infrequently necessary to piece several appendices together to arrive at a usable reproduction. Too, there seems to be a tendency on the part of some appellants to reproduce less than what is necessary for a determination of the issues presented (see Moran Towing Corp. v. M. A. Gammino Construction Co., 363 F.2d 108 (1st Cir. 1966); Walters v. Shari Music Publishing Corp., 298 F.2d 206 (2d Cir. 1962) and cases cited therein; Morrison v. Texas Co., 289 F.2d 382 (7th Cir. 1961) and cases cited therein), a tendency which is doubtless encouraged by the requirement in present rules that the appellee reproduce in his separately prepared appendix such necessary parts of the record as are not included by the appellant. Under the proposed rule responsibility for the preparation of the appendix is placed on the appellant. If the appellee feels that the appellant has omitted essential portions of the record, he may require the appellant to include such portions in the appendix. The appellant is protected against a demand that he reproduce parts which he considers unnecessary by the provisions entitling him to require the appellee to advance the costs of reproducing such parts and authorizing denial of costs for matter unnecessarily reproduced. Subdivision (c). This subdivision permits the appellant to elect to defer the production of the appendix to the briefs until the briefs of both sides are written, and authorizes a court of appeals to require such deferred filing by rule or order. The advantage of this method of preparing the appendix is that it permits the parties to determine what parts of the record need to be reproduced in the light of the issues actually presented by the briefs. Often neither side is in a position to say precisely what is needed until the briefs are completed. Once the argument on both sides is known, it should be possible to confine the matter reproduced in the appendix to that which is essential to a determination of the appeal or review. This method of preparing the appendix is presently in use in the Tenth Circuit (Rule 17) and in other circuits in review of agency proceedings, and it has proven its value in reducing the volume required to be reproduced. When the record is long, use of this method is likely to result in substantial economy to the parties. Subdivision (e). The purpose of this subdivision is to reduce the cost of reproducing exhibits. While subdivision (a) requires that 10 copies of the appendix be filed, unless the court requires a lesser number, subdivision (e) permits exhibits necessary for the determination of an appeal to be bound separately, and requires only 4 copies of such a separate volume or volumes to be filed and a single copy to be served on counsel. Subdivision (f). This subdivision authorizes a court of appeals to dispense with the appendix method of reproducing parts of the record and to hear appeals on the original record and such copies of it as the court may require. Since 1962 the Ninth Circuit has permitted all appeals to be heard on the original record and a very limited number of copies. Under the practice as adopted in 1962, any party to an appeal could elect to have the appeal heard on the original record and two copies thereof rather than on the printed record theretofore required. The resulting substantial saving of printing costs led to the election of the new practice in virtually all cases, and by 1967 the use of printed records had ceased. By a recent amendment, the Ninth Circuit has abolished the printed record altogether. Its rules now provide that all appeals are to be heard on the original record, and it has reduced the number of copies required to two sets of copies of the transmitted original papers (excluding copies of exhibits, which need not be filed unless specifically ordered). See 9 Cir. Rule 10, as amended June 2, 1967, effective September 1, 1967. The Eighth Circuit permits appeals in criminal cases and in habeas corpus and 28 U.S.C. Sec. 2255 proceedings to be heard on the original record and two copies thereof. See 8 Cir. Rule 8 (i)-(j). The Tenth Circuit permits appeals in all cases to be heard on the original record and four copies thereof whenever the record consists of two hundred pages or less. See 10 Cir. Rule 17(a). This subdivision expressly authorizes the continuation of the practices in the Eighth, Ninth and Tenth Circuits. The judges of the Court of Appeals for the Ninth Circuit have expressed complete satisfaction with the practice there in use and have suggested that attention be called to the advantages which it offers in terms of reducing cost. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1970 AMENDMENT Subdivision (a). The amendment of subdivision (a) is related to the amendment of Rule 31(a), which authorizes a court of appeals to shorten the time for filing briefs. By virtue of this amendment, if the time for filing the brief of the appellant is shortened the time for filing the appendix is likewise shortened. Subdivision (c). As originally written, subdivision (c) permitted the appellant to elect to defer filing of the appendix until 21 days after service of the brief of the appellee. As amended, subdivision (c) requires that an order of court be obtained before filing of the appendix can be deferred, unless a court permits deferred filing by local rule. The amendment should not cause use of the deferred appendix to be viewed with disfavor. In cases involving lengthy records, permission to defer filing of the appendix should be freely granted as an inducement to the parties to include in the appendix only matter that the briefs show to be necessary for consideration by the judges. But the Committee is advised that appellants have elected to defer filing of the appendix in cases involving brief records merely to obtain the 21 day delay. The subdivision is amended to prevent that practice. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT Subdivision (a). During its study of the separate appendix (see Report on the Advisory Committee on the Federal Appellate Rules on the Operation of Rule 30, - FRD - (1985)), the Advisory Committee found that this document was frequently encumbered with memoranda submitted to the trial court. United States v. Noall, 587 F.2d 123, 125 n. 1 (2nd Cir. 1978). See generally Drewett v. Aetna Cas. & Sur. Co., 539 F.2d 496, 500 (5th Cir. 1976); Volkswagenwerk Aktiengesellschaft v. Church, 413 F.2d 1126, 1128 (9th Cir. 1969). Inclusion of such material makes the appendix more bulky and therefore less useful to the appellate panel. It also can increase significantly the costs of litigation. There are occasions when such trial court memoranda have independent relevance in the appellate litigation. For instance, there may be a dispute as to whether a particular point was raised or whether a concession was made in the district court. In such circumstances, it is appropriate to include pertinent sections of such memoranda in the appendix. Subdivision (b). The amendment to subdivision (b) is designed to require the circuits, by local rule, to establish a procedural mechanism for the imposition of sanctions against those attorneys who conduct appellate litigation in bad faith. Both 28 U.S.C. Sec. 1927 and the inherent power of the court authorized such sanctions. See Brennan v. Local 357, International Brotherhood of Teamsters, 709 F.2d 611 (9th Cir. 1983). See generally Roadway Express, Inc. v. Piper, 447 U.S. 752 (1980). While considerations of uniformity are important and doubtless will be taken into account by the judges of the respective circuits, the Advisory Committee believes that, at this time, the circuits need the flexibility to tailor their approach to the conditions of local practice. The local rule shall provide for notice and opportunity to respond before the imposition of any sanction. Technical amendments also are made to subdivisions (a), (b) and (c) which are not intended to be substantive changes. TAXATION OF FEES IN APPEALS IN WHICH THE REQUIREMENT OF AN APPENDIX IS DISPENSED WITH The Judicial Conference of the United States at its session on October 28th and 29th approved the following resolution relating to fees to be taxed in the courts of appeals as submitted by the Judicial Council of the Ninth Circuit with the proviso that its application to any court of appeals shall be at the election of each such court: For some time it has been the practice in the Ninth Circuit Court of Appeals to dispense with an appendix in an appellate record and to hear the appeal on the original record, with a number of copies thereof being supplied (Rule 30f, Federal Rules of Appellate Procedure). It has been the practice of the Court to tax a fee of $5 in small records and $10 in large records for the time of the clerk involved in preparing such appeals and by way of reimbursement for postage expense. Judicial Conference approval heretofore has not been secured and the Judicial Council of the Ninth Circuit now seeks to fix a flat fee of $15 to be charged as fees for costs to be charged by any court of appeals 'in any appeal in which the requirement of an appendix is dispensed with pursuant to Rule 30f. Federal Rules of Appellate Procedure.' -CROSS- CROSS REFERENCES Typewritten appendices allowed in forma pauperis, see rule 24. ------DocID 37074 Document 25 of 739------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 30 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 30. Depositions Upon Oral Examination -STATUTE- (a) When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under Rule 4(e), except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. (b) Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone. (1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. (2) Leave of court is not required for the taking of a deposition by the plaintiff if the notice (A) states that the person to be examined is about to go out of the district where the action is pending and more than 100 miles from the place of trial, or is about to go out of the United States, or is bound on a voyage to sea, and will be unavailable for examination unless the person's deposition is taken before expiration of the 30-day period, and (B) sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and the attorney's signature constitutes a certification by the attorney that to the best of the attorney's knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by Rule 11 are applicable to the certification. If a party shows that when the party was served with notice under this subdivision (b)(2) the party was unable through the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the deposition may not be used against the party. (3) The court may for cause shown enlarge or shorten the time for taking the deposition. (4) The parties may stipulate in writing or the court may upon motion order that the testimony at a deposition be recorded by other than stenographic means. The stipulation or order shall designate the person before whom the deposition shall be taken, the manner of recording, preserving and filing the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. A party may arrange to have a stenographic transcription made at the party's own expense. Any objections under subdivision (c), any changes made by the witness, the witness' signature identifying the deposition as the witness' own or the statement of the officer that is required if the witness does not sign, as provided in subdivision (e), and the certification of the officer required by subdivision (f) shall be set forth in a writing to accompany a deposition recorded by non-stenographic means. (5) The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 34 shall apply to the request. (6) A party may in the party's notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules. (7) The parties may stipulate in writing or the court may upon motion order that a deposition be taken by telephone. For the purposes of this rule and Rules 28(a), 37(a)(1), 37(b)(1), and 45(d), a deposition taken by telephone is taken in the district and at the place where the deponent is to answer questions propounded to the deponent. (c) Examination and Cross-Examination; Record of Examination; Oath; Objections. Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the Federal Rules of Evidence. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the officer's direction and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subdivision (b)(4) of this rule. If requested by one of the parties, the testimony shall be transcribed. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and the party taking the deposition shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. (d) Motion To Terminate or Limit Examination. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the district where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26(c). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. (e) Submission to Witness; Changes; Signing. When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness within 30 days of its submission to the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed unless on a motion to suppress under Rule 32(d)(4) the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. (f) Certification and Filing by Officer; Exhibits; Copies; Notice of Filing. (1) The officer shall certify on the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Unless otherwise ordered by the court, the officer shall then securely seal the deposition in an envelope indorsed with the title of the action and marked 'Deposition of (here insert name of witness)' and shall promptly file it with the court in which the action is pending or send it by registered or certified mail to the clerk thereof for filing. Documents and things produced for inspection during the examination of the witness, shall, upon the request of a party, be marked for identification and annexed to the deposition and may be inspected and copied by any party, except that if the person producing the materials desires to retain them the person may (A) offer copies to be marked for identification and annexed to the deposition and to serve thereafter as originals if the person affords to all parties fair opportunity to verify the copies by comparison with the originals, or (B) offer the originals to be marked for identification, after giving to each party an opportunity to inspect and copy them, in which event the materials may then be used in the same manner as if annexed to the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case. (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent. (3) The party taking the deposition shall give prompt notice of its filing to all other parties. (g) Failure To Attend or To Serve Subpoena; Expenses. (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by that party and that party's attorney in attending, including reasonable attorney's fees. (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of such failure does not attend, and if another party attends in person or by attorney because that party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by that party and that party's attorney in attending, including reasonable attorney's fees. -SOURCE- (As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Mar. 1, 1971, eff. July 1, 1971; Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). This is in accordance with common practice. See U.S.C., Title 28, (former) Sec. 639 (Depositions de bene esse; when and where taken; notice), the relevant provisions of which are incorporated in this rule; Calif.Code Civ.Proc. (Deering, 1937) Sec. 2031; and statutes cited in respect to notice in the Note to Rule 26(a). The provision for enlarging or shortening the time of notice has been added to give flexibility to the rule. Note to Subdivisions (b) and (d). These are introduced as a safeguard for the protection of parties and deponents on account of the unlimited right of discovery given by Rule 26. Note to Subdivisions (c) and (e). These follow the general plan of (former) Equity Rule 51 (Evidence Taken Before Examiners, Etc.) and U. S. C., Title 28, (former) Sec. 640 (Depositions de bene esse; mode of taking), and (former) 641 (Same; transmission to court), but are more specific. They also permit the deponent to require the officer to make changes in the deposition if the deponent is not satisfied with it. See also (former) Equity Rule 50 (Stenographer-Appointment-Fees). Note to Subdivision (f). Compare (former) Equity Rule 55 (Depositions Deemed Published When Filed). Note to Subdivision (g). This is similar to 2 Minn. Stat. (Mason, 1927) Sec. 9833, but is more extensive. NOTES OF ADVISORY COMMITTEE ON RULES - 1963 AMENDMENT This amendment corresponds to the change in Rule 4(d)(4). See the Advisory Committee's Note to that amendment. NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Subdivision (a). This subdivision contains the provisions of existing Rule 26(a), transferred here as part of the rearrangement relating to Rule 26. Existing Rule 30(a) is transferred to 30(b). Changes in language have been made to conform to the new arrangement. This subdivision is further revised in regard to the requirement of leave of court for taking a deposition. The present procedure, requiring a plaintiff to obtain leave of court if he serves notice of taking a deposition within 20 days after commencement of the action, is changed in several respects. First, leave is required by reference to the time the deposition is to be taken rather than the date of serving notice of taking. Second, the 20-day period is extended to 30 days and runs from the service of summons and complaint on any defendant, rather than the commencement of the action. Cf. Ill. S.Ct.R. 19-1, S-H Ill.Ann.Stat. Sec. 101.19-1. Third, leave is not required beyond the time that defendant initiates discovery, thus showing that he has retained counsel. As under the present practice, a party not afforded a reasonable opportunity to appear at a deposition, because he has not yet been served with process, is protected against use of the deposition at trial against him. See Rule 32(a), transferred from 26(d). Moreover, he can later redepose the witness if he so desires. The purpose of requiring the plaintiff to obtain leave of court is, as stated by the Advisory Committee that proposed the present language of Rule 26(a), to protect 'a defendant who has not had an opportunity to retain counsel and inform himself as to the nature of the suit.' Note to 1948 amendment of Rule 26(a), quoted in 3A Barron & Holtzoff, Federal Practice and Procedure 455-456 (Wright ed. 1958). In order to assure defendant of this opportunity, the period is lengthened to 30 days. This protection, however, is relevant to the time of taking the deposition, not to the time that notice is served. Similarly, the protective period should run from the service of process rather than the filing of the complaint with the court. As stated in the note to Rule 26(d), the courts have used the service of notice as a convenient reference point for assigning priority in taking depositions, but with the elimination of priority in new Rule 26(d) the reference point is no longer needed. The new procedure is consistent in principle with the provisions of Rules 33, 34, and 36 as revised. Plaintiff is excused from obtaining leave even during the initial 30-day period if he gives the special notice provided in subdivision (b)(2). The required notice must state that the person to be examined is about to go out of the district where the action is pending and more than 100 miles from the place of trial, or out of the United States, or on a voyage to sea, and will be unavailable for examination unless deposed within the 30-day period. These events occur most often in maritime litigation, when seamen are transferred from one port to another or are about to go to sea. Yet, there are analogous situations in nonmaritime litigation, and although the maritime problems are more common, a rule limited to claims in the admirality and maritime jurisdiction is not justified. In the recent unification of the civil and admiralty rules, this problem was temporarily met through addition in Rule 26(a) of a provision that depositions de bene esse may continue to be taken as to admiralty and maritime claims within the meaning of Rule 9(h). It was recognized at the time that 'a uniform rule applicable alike to what are now civil actions and suits in admiralty' was clearly preferable, but the de bene esse procedure was adopted 'for the time being at least.' See Advisory Committee's note in Report of the Judicial Conference: Proposed Amendments to Rules of Civil Procedure 43-44 (1966). The changes in Rule 30(a) and the new Rule 30(b)(2) provide a formula applicable to ordinary civil as well as maritime claims. They replace the provision for depositions de bene esse. They authorize an early deposition without leave of court where the witness is about to depart and, unless his deposition is promptly taken, (1) it will be impossible or very difficult to depose him before trial or (2) his deposition can later be taken but only with substantially increased effort and expense. Cf. S.S. Hai Chang, 1966 A.M.C. 2239 (S.D.N.Y. 1966), in which the deposing party is required to prepay expenses and counsel fees of the other party's lawyer when the action is pending in New York and depositions are to be taken on the West Coast. Defendant is protected by a provision that the deposition cannot be used against him if he was unable through exercise of diligence to obtain counsel to represent him. The distance of 100 miles from place of trial is derived from the de bene esse provision and also conforms to the reach of a subpoena of the trial court, as provided in Rule 45(e). See also S.D.N.Y. Civ.R. 5(a). Some parts of the de bene esse provision are omitted from Rule 30(b)(2). Modern deposition practice adequately covers the witness who lives more than 100 miles away from place of trial. If a witness is aged or infirm, leave of court can be obtained. Subdivision (b). Existing Rule 30(b) on protective orders has been transferred to Rule 26(c), and existing Rule 30(a) relating to the notice of taking deposition has been transferred to this subdivision. Because new material has been added, subsection numbers have been inserted. Subdivision (b)(1). If a subpoena duces tecum is to be served, a copy thereof or a designation of the materials to be produced must accompany the notice. Each party is thereby enabled to prepare for the deposition more effectively. Subdivision (b)(2). This subdivision is discussed in the note to subdivision (a), to which it relates. Subdivision (b)(3). This provision is derived from existing Rule 30(a), with a minor change of language. Subdivision (b)(4). In order to facilitate less expensive procedures, provision is made for the recording of testimony by other than stenographic means - e.g., by mechanical, electronic, or photographic means. Because these methods give rise to problems of accuracy and trustworthiness, the party taking the deposition is required to apply for a court order. The order is to specify how the testimony is to be recorded, preserved, and filed, and it may contain whatever additional safeguards the court deems necessary. Subdivision (b)(5). A provision is added to enable a party, through service of notice, to require another party to produce documents or things at the taking of his deposition. This may now be done as to a nonparty deponent through use of a subpoena duces tecum as authorized by Rule 45, but some courts have held that documents may be secured from a party only under Rule 34. See 2A Barron & Holtzoff, Federal Practice and Procedure Sec. 644.1 n. 83.2, Sec. 792 n. 16 (Wright ed. 1961). With the elimination of 'good cause' from Rule 34, the reason for this restrictive doctrine has disappeared. Cf. N.Y.C.P.L.R. Sec. 3111. Whether production of documents or things should be obtained directly under Rule 34 or at the deposition under this rule will depend on the nature and volume of the documents or things. Both methods are made available. When the documents are few and simple, and closely related to the oral examination, ability to proceed via this rule will facilitate discovery. If the discovering party insists on examining many and complex documents at the taking of the deposition, thereby causing undue burdens on others, the latter may, under Rules 26(c) or 30(d), apply for a court order that the examining party proceed via Rule 34 alone. Subdivision (b)(6). A new provision is added, whereby a party may name a corporation, partnership, association, or governmental agency as the deponent and designate the matters on which he requests examination, and the organization shall then name one or more of its officers, directors, or managing agents, or other persons consenting to appear and testify on its behalf with respect to matters known or reasonably available to the organization. Cf. Alberta Sup.Ct.R. 255. The organization may designate persons other than officers, directors, and managing agents, but only with their consent. Thus, an employee or agent who has an independent or conflicting interest in the litigation - for example, in a personal injury case - can refuse to testify on behalf of the organization. This procedure supplements the existing practice whereby the examining party designates the corporate official to be deposed. Thus, if the examining party believes that certain officials who have not testified pursuant to this subdivision have added information, he may depose them. On the other hand, a court's decision whether to issue a protective order may take account of the availability and use made of the procedures provided in this subdivision. The new procedure should be viewed as an added facility for discovery, one which may be advantageous to both sides as well as an improvement in the deposition process. It will reduce the difficulties now encountered in determining, prior to the taking of a deposition, whether a particular employee or agent is a 'managing agent.' See Note, Discovery Against Corporations Under the Federal Rules, 47 Iowa L.Rev. 1006-1016 (1962). It will curb the 'bandying' by which officers or managing agents of a corporation are deposed in turn but each disclaims knowledge of facts that are clearly known to persons in the organization and thereby to it. Cf. Haney v. Woodward & Lothrop, Inc., 330 F.2d 940, 944 (4th Cir. 1964). The provisions should also assist organizations which find that an unnecessarily large number of their officers and agents are being deposed by a party uncertain of who in the organization has knowledge. Some courts have held that under the existing rules a corporation should not be burdened with choosing which person is to appear for it. E.g., United States v. Gahagan Dredging Corp., 24 F.R.D. 328, 329 (S.D.N.Y. 1958). This burden is not essentially different from that of answering interrogatories under Rule 33, and is in any case lighter than that of an examining party ignorant of who in the corporation has knowledge. Subdivision (c). A new sentence is inserted at the beginning, representing the transfer of existing Rule 26(c) to this subdivision. Another addition conforms to the new provision in subdivision (b)(4). The present rule provides that transcription shall be carried out unless all parties waive it. In view of the many depositions taken from which nothing useful is discovered, the revised language provides that transcription is to be performed if any party requests it. The fact of the request is relevant to the exercise of the court's discretion in determining who shall pay for transcription. Parties choosing to serve written questions rather than participate personally in an oral deposition are directed to serve their questions on the party taking the deposition, since the officer is often not identified in advance. Confidentiality is preserved, since the questions may be served in a sealed envelope. Subdivision (d). The assessment of expenses incurred in relation to motions made under this subdivision (d) is made subject to the provisions of Rule 37(a). The standards for assessment of expenses are more fully set out in Rule 37(a), and these standards should apply to the essentially similar motions of this subdivision. Subdivision (e). The provision relating to the refusal of a witness to sign his deposition is tightened through insertion of a 30-day time period. Subdivision (f)(1). A provision is added which codifies in a flexible way the procedure for handling exhibits related to the deposition and at the same time assures each party that he may inspect and copy documents and things produced by a nonparty witness in response to subpoena duces tecum. As a general rule and in the absence of agreement to the contrary or order of the court, exhibits produced without objection are to be annexed to and returned with the deposition, but a witness may substitute copies for purposes of marking and he may obtain return of the exhibits. The right of the parties to inspect exhibits for identification and to make copies is assured. Cf. N.Y.C.P.L.R. Sec. 3116(c). NOTES OF ADVISORY COMMITTEE ON RULES - 1971 AMENDMENT The subdivision permits a party to name a corporation or other form of organization as a deponent in the notice of examination and to describe in the notice the matters about which discovery is desired. The organization is then obliged to designate natural persons to testify on its behalf. The amendment clarifies the procedure to be followed if a party desires to examine a non-party organization through persons designated by the organization. Under the rules, a subpoena rather than a notice of examination is served on a non-party to compel attendance at the taking of a deposition. The amendment provides that a subpoena may name a non-party organization as the deponent and may indicate the matters about which discovery is desired. In that event, the non-party organization must respond by designating natural persons, who are then obliged to testify as to matters known or reasonably available to the organization. To insure that a non-party organization that is not represented by counsel has knowledge of its duty to designate, the amendment directs the party seeking discovery to advise of the duty in the body of the subpoena. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (c). Existing. Rule 43(b), which is to be abrogated, deals with the use of leading questions, the calling, interrogation, impeachment, and scope of cross-examination of adverse parties, officers, etc. These topics are dealt with in many places in the Rules of Evidence. Moreover, many pertinent topics included in the Rules of Evidence are not mentioned in Rule 43(b), e.g. privilege. A reference to the Rules of Evidence generally is therefore made in subdivision (c) of Rule 30. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (b)(4). It has been proposed that electronic recording of depositions be authorized as a matter of course, subject to the right of a party to seek an order that a deposition be recorded by stenographic means. The Committee is not satisfied that a case has been made for a reversal of present practice. The amendment is made to encourage parties to agree to the use of electronic recording of depositions so that conflicting claims with respect to the potential of electronic recording for reducing costs of depositions can be appraised in the light of greater experience. The provision that the parties may stipulate that depositions may be recorded by other than stenographic means seems implicit in Rule 29. The amendment makes it explicit. The provision that the stipulation or order shall designate the person before whom the deposition is to be taken is added to encourage the naming of the recording technician as that person, eliminating the necessity of the presence of one whose only function is to administer the oath. See Rules 28(a) and 29. Subdivision (b)(7). Depositions by telephone are now authorized by Rule 29 upon stipulation of the parties. The amendment authorizes that method by order of the court. The final sentence is added to make it clear that when a deposition is taken by telephone it is taken in the district and at the place where the witness is to answer the questions rather than that where the questions are propounded. Subdivision (f)(1). For the reasons set out in the Note following the amendment of Rule 5(d), the court may wish to permit the parties to retain depositions unless they are to be used in the action. The amendment of the first paragraph permits the court to so order. The amendment of the second paragraph is clarifying. The purpose of the paragraph is to permit a person who produces materials at a deposition to offer copies for marking and annexation to the deposition. Such copies are a 'substitute' for the originals, which are not to be marked and which can thereafter be used or even disposed of by the person who produces them. In the light of that purpose, the former language of the paragraph had been justly termed 'opaque.' Wright & Miller, Federal Practice and Procedure: Civil Sec. 2114. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 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 2074 of this title. -CROSS- CROSS REFERENCES Discovery and production of documents and things for inspection, copying, or photographing, see rule 34. Effect of taking or using depositions, see rule 26. Errors or irregularities in depositions, effect, see rule 32. Motion to suppress deposition, see rule 32. Notary public and other persons authorized to administer oaths required by laws of the United States, see section 2903 of Title 5, Government Organization and Employees. Objections to admissibility of deposition, see rule 26. Orders for protection of party on written interrogatories, see rule 33. Persons before whom deposition may be taken, see rule 28. Place of examination, see rule 45. Power of person appointed by court to take deposition to administer oaths and take testimony, see rule 28. Scope of examination, see rule 26. Stipulations regarding discovery procedure, see rule 29. Subpoena for taking depositions, see rule 45. Time of taking depositions, see rule 26. United States magistrates, power to administer oaths and take depositions, see section 636 of this title. Waiver of objections, see rule 32. ------DocID 37173 Document 26 of 739------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 30 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 30. Suggestion of Death Upon the Record Under Rule 25(a)(1) -STATUTE- A. B. (describe as a party, or as executor, administrator, or other representative or successor of C. D., the deceased party) suggests upon the record, pursuant to Rule 25(a)(1), the death of C. D. (describe as party) during the pendency of this action. -SOURCE- (Added Jan. 21, 1963, eff. July 1, 1963.) ------DocID 37297 Document 27 of 739------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 30 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 30. Computation and Enlargement of Time -STATUTE- .1. In computing any period of time prescribed or allowed by these Rules, by order of the Court, or by an applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, a federal legal holiday, or a day on which the Court building has been closed by order of the Court or the Chief Justice, in which event the period extends until the end of the next day which is not a Saturday, a Sunday, a federal legal holiday, or a day on which the Court building has been closed. See 5 U.S.C. Sec. 6103 for a list of federal legal holidays. .2. Whenever a Justice of this Court or the Clerk is empowered by law or these Rules to extend the time for filing any document or paper, an application seeking an extension must be presented to the Clerk within the period sought to be extended. However, an application for an extension of time to file a petition for a writ of certiorari or to docket an appeal must be submitted at least 10 days before the specified final filing date. If received less than 10 days before the final filing date, the application will not be granted except in the most extraordinary circumstances. .3. An application to extend the time within which a party may file a petition for a writ of certiorari or docket an appeal shall be presented in the form prescribed by Rules 13.6 and 18.3, respectively. An application to extend the time within which to file any other document or paper may be presented in the form of a letter to the Clerk setting forth with specificity the reasons why the granting of an extension of time is justified. Any application seeking an extension of time must be presented and served upon all other parties as provided in Rule 22, and, once denied, may not be renewed. .4. An application to extend the time for filing a brief, motion, joint appendix, or other paper, for designating parts of a record to be printed in the appendix, or for complying with any other time limit provided by these Rules (except an application for an extension of time to file a petition for a writ of certiorari, to docket an appeal, to file a reply brief on the merits, to file a petition for rehearing, or to issue a mandate forthwith) shall in the first instance be acted upon by the Clerk, whether addressed to the Clerk, to the Court, or to a Justice. Any party aggrieved by the Clerk's action on an application to extend time may request that it be submitted to a Justice or to the Court. The Clerk shall report action under this Rule to the Court in accordance with instructions that may be issued by the Court. ------DocID 37352 Document 28 of 739------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 30 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 30. Depositions upon Oral Examination -STATUTE- (a) When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the complaint upon the United States. Leave is not required (1) if the United States has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision (b)(2) of this rule. The attendance of witnesses may be compelled by subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. (b) Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone. (1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. (2) Leave of court is not require