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He may also be admitted by an order at chambers on its being shown by affidavit or otherwise that he is qualified as above provided." “Whoever, being elected or appointed a Senator, Member of, or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment, and either before or after he has qualified, and during his continuance in office, practice in the Court of Claims, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States." 3 “There shall be but one attorney of record for the claimant in any case at any one time. A firm of attorneys will be regarded as the attorney of record.”' 4 “Petitions, pleadings, and motions on the part of the claimant must be signed by the attorney of record; pleadings and motions on the part of the United States by the proper Assistant Attorney General." 5 “Attorneys of record, or the claimant, if he appear in person, on appearing in a suit will register with the clerk of the court a post-office address, to which all notices required by these rules or ordered by the court may be sent.” “Counsel, other than the attorney of record may be heard on either side at the trial or at any stage of the proceedings, but shall not be entitled to file pleadings, give notices, or make motions."'7 Counsel cannot make motions in their own name nor in the name of the attorney of record without this authority. 8 “A claimant may change his attor- . ney on such conditions as the court may prescribe. The moving party must produce the consent of the attorney of record or his duly authorized representative or must certify or show by affidavit that the attorney of record has been notified of the filing of the motion. If no objection to the substitution be filed by the attorney of record within ten days thereafter, the motion will be allowed. If the attorney of record resides at a distance, the court will not act on the motion until a reasonable time has elapsed for his objection to be filed. The motion when
2 Ct. Cl. Rule 7.
8 Jud. Code, g 144; 36 St. at L. 1087, re-enacting in substance U. S. R. S., & 1058
4 Ct. Cl. Rule 8.
5 Ct. Cl. Rule 10.
8 In the Matter of Counsel, 32 Ct. CI. 231.
submitted must be accompanied either by a power of attorney from the claimant containing a power of substitution or by the certificate of the attorney of record that the substitution is made with the knowledge and assent of the claimant.” 9
$ 677. Motions and notices in Court of Claims. "Motions must be in writing and come to the court or judge through the clerk's office. Those consented to or which indicate by indorsement thereon that they are not objected to by the opposite party may be acted upon in the first instance by the chief justice or a judge at chambers, or, in his discretion, they may be referred to the court in conference or sent to the Law Calendar for argument. Motions for calls upon the executive department shall be served by the claimant or his attorney upon the Attorney General for an indorsement of his objection, if any, thereto before the same are considered by the court or a judge thereof."1 "Briefs for claimants or defendants, when not printed, must be in typewriting.
The typewriter ribbon must be black and the carbon blue. "Parties filing petitions, pleadings, and motions, except motions for calls on Departments, must at the same time leave with the clerk written notice thereof, addressed to the attorney of the adverse party, and the clerk will mail the same and note the fact on the general docket. All other notices to adverse parties may be served in like manner. The clerk's entry on his docket will be prima facie evidence of the service. In the computation of time the day of the service will be excluded, and the day on which a party is required to appear or on which an act is required to be done will be included.": 3
$ 678. Abatement and revivor. “If the claimant die pending the suit, his death may be suggested on the record, and his proper representative, and on filing a duly authenticated copy of the record of his appointment as executor or administrator, may be admitted to prosecute the suit without special leave, but subject to the objection of the defendants either before or at the trial.” 1 "If the claimant die pending this suit, his death
9 Ct. Cl. Rule 9.
3 Ct. C1. Rule 89.
$ 678. i Ct. Cl. Rule 28. See Ct. CI. Rule 45, quoted $ 674 supra.
may be suggested on the record, and his proper representative, on filing a duly authenticated copy of the record of his appointment as executor or administrator, may be admitted to prosecute the suit without special leave, but subject to the objection of the defendants, either before or at the trial. If the suggestion of death be made when the case is called for trial, the court may allow time within which a personal representative may be appointed or appear. It is the duty of the claimant's attorney to suggest the death of a claimant when the fact becomes known to him. Before the rendition of judgment the court may require the attorney of record to satisfy it that the claimant is still living." 2 Where there is a dispute as to the proper party to revive, the proceedings may be stayed till the determination of the State Court of probate.3
$ 679. Discontinuance and withdrawal of papers. A claimant cannot dismiss his own suit without the consent of his attorney or the permission of the court. When two suits have been brought upon the same claim, that first brought must first be tried, unless it is discontinued by permission of the court.2 “Any person having an interest wishing to see any papers on file in the clerk's office will apply therefor to the chief or assistant clerk. No papers shall be permanently withdrawn or temporarily taken out of the clerk's office except on motion for good cause shown and upon such terms as the court or a judge may order."8
$ 680. Trials in Court of Claims. "The Court of Claims shall hold one annual session at the city of Washington, beginning on the first Monday in December and continuing as long as may be necessary for the prompt disposition of the business of the court. Any three of the judges of said court shall constitute a quorum, and may hold a court for the transaction of business. Provided, That the concurrence of three judges shall be necessary to the decision of any case. "1 “When the claimant has closed his evidence he shall enter the case in the notice
2 Ct. C1. Rule 28.
3 Cosgrove Adm'x v. U. S., 33 Ct. Cl. 167.
$ 679. 1 Redfield's Case, 27 Ct. Cl. 473.
$ 680. 1 Jud. Code, $ 138, 36 St. at L. 1087, re-enacting U. S. R. S., $ 1052.
book kept by the clerk. When the defendants have closed their evidence they shall enter the fact in the notice book, and as soon thereafter as the claimant shall file his request for findings of fact and brief, as required by Rule 73, and note the same upon the notice book, the case shall be placed upon the trial calendar. The taking of testimony by either party shall be deemed closed upon the filing of a brief, and thereafter no witness shall be reexamined or other testimony taken by such party without leave of court on motion showing reasons thereof. The calendar will be made up at the beginning of every term and cases will be placed thereon in the order in which they are ready. At the end of each month cases which have subsequently become entitled to be placed upon the calendar will be placed at the foot. Defendants are expected to prepare their defense and to file briefs, so far as practicable, in the order of the entry of cases in the notice book. Should defendants unreasonably delay the preparation of the defense, claimants may move that the case be placed upon the calendar.”, “Within 60 days from the conclusion of the taking of evidence on both sides the claimant shall file in the clerk's office his request for findings of fact in the case and his brief. He shall have printed not less than 25 copies of his brief, 15 of which he shall file in the clerk's office and 10 of which he shall retain for making up the trial record. If the request for findings of fact be not printed with the brief, the claimant shall also have printed not less than 25 copies of the request for facts, 15 of which he shall file in the clerk's office and 10 of which he shall retain for making up the trial record. Six typewritten copies of the brief and request for facts in lieu of printed copies may be filed by leave of the court. “The claimant shall make a concise statement of his case, and shall present and discuss in his original brief all propositions upon which he relies for a recovery, and any not so presented shall be deemed waived unless thereafter presented by leave of court. The defendant's brief shall be addressed, first, to any desired discussion of the propositions presented in claimant's brief, and, second, to the presentation of such other propositions as are relied on in defense of the action. Statements of fact or propositions of law
2 Ct. Cl. Rule 79.
3 Ct. Ci. Rule 73.
presented in the defendant's brief as matter of defense and not properly within the scope of the claimant's original brief may be discussed by the claimant in a reply brief, but matters within the proper scope of the claimant's original brief shall not be again discussed in the reply brief. The reply brief shall be filed within 30 days after the date of notice of the filing of defendant's brief mailed by the clerk to the attorney of record or to the claimant, and no brief shall be received after the prescribed time except upon order of the court for good cause shown; neither shall any brief other than those above referred to be received at any time except upon such order. The requests for findings and briefs must be in distinct type, not less than long primer type, on unglazed paper, and there shall be an unprinted margin between the print and the outer edge of the page of not less than 2 inches, so as to admit of marginal notes and the cutting it down subsequently for the purposes of a permanent binding of the record. The requests for findings and briefs shall be attached to, but need not be firmly bound to, the balance of the printed record at the time of submission. Where the claimant by leave of court has filed six typewritten copies of his brief and request, as provided for by rule 75, the defendants may also file typewritten copies."'4 "Briefs for claimants or defendants, when not printed, must be in typewriting, upon pure white bond paper 8 inches in width and 101/2 inches in length, weighing not less than 21/2 and not more than 4 pounds to the ream of 500 sheets. The typewriter ribbon must be black and the carbon blue. When a brief and abstract of evidence will together exceed 50 pages, the abstract must be made a separate document. Before any case is called for trial the claimant, if the record be not printed as required by rule 88, shall have five complete and legible copies of the pleadings, evidence, or abstract of evidence (as the rules require), requests for findings of facts and briefs fastened together in consecutive order in book or pamphlet form for the use of the court on the trial. This rule shall apply to cases submitted. No case will be considered ready for trial until this rule has been complied
"Such request must be in the following terms: "The claimant, considering the facts hereinafter set forth to be
4 Ct. Cl. Rule 76.
5 Ct. Ci. Rule 78.