RULES OF PRACTICE

BEFORE THE

Railroad Commission of Montana

INCLUDING FORMS, ETC.

I.

HEARINGS OR SESSIONS.

The office of the Board shall be in the Capitol Building in the City of Helena, and said office shall always be open during business hours, legal holidays and non-judicial days excepted.

The regular session of the commission shall be held on the third Tuesday of each month at its office in the Capitol Building at Helena, Montana.

Special sessions may be held at any time or any place within the state as the commission may order. Requests or petitions for special sessions or public hearings must be made in writing and addressed to the Railroad Commission of Montana. The commissioners may, however, call a hearing upon any proper complaint, or to advise themselves before making or refusing to make an order.

Sessions for receiving, considering, and acting upon petitions, applications, or other communications, and also for considering and acting upon any business of the commission, other than such as has been ordered for public hearing, will be held at its office daily when the commission is in Helena.

Before any hearing is had upon a complaint both parties will be notified and notice given, as may be directed, of the time and place thereof by the Secretary. Before causing notice to be issued to the party complained of, the commission may notify the party against whom complaint is made, and, in order to avoid the expense and inconvenience of a formal trial or hearing before the commission, request such party complained of to comply with the request, or invite them to an informal conference with relation thereto.

Whenever any hearing is called upon any special proceeding the Secretary shall give each of the parties to such hearing three days notice thereof; provided, that this time may be shortened or extended as the circumstances of the case require or the commission may order.

II.

COMMUNICATIONS.

All complaints, requests, applications or other communications to the railroad commission must be made in writing; it will be presumed that such as are not so made have never been brought before the commission.

All complaints, petitions, requests, applications, letters, telegrams, or other communications for the commission for its consideration must be addressed to the Railroad Commission of Montana, Helena, Montana, unless otherwise specifically directed.

All official communications or correspondence emanating from the Board shall be signed as follows: The Railroad Commission of Montana, by the name of the official title of the member or employee of the board writing such communication.

The receipt of all communications to the commission upon which a reply or order cannot be at once made, or received during the absence of the commission, shall be acknowledged by the Secretary.

III.
PRACTICE.

The commission does not require of those appearing before it a compliance with technical rules of pleading or of evidence, its object is to get the substance of complaints, answers, requests or evidence, and to reach this it follows no rules of practice or evidence to the extent that it is bound thereby. Each case is to be investigated and decided upon its own needs and requirements; provided, that evidence introduced shall as far as possible be introduced in the order given in the pleading under which it is presented.

IV.
PLEADINGS.

The commission does not require of parties appearing before it any set rules of pleading, but it is requested that parties use as far as possible the forms which have been adopted by the commission and are printed herewith. No pleading or complaint is required to be verified, unless directed by the commission.

It is requested that all parties furnish four copies of their pleadings, but failure to do so does not involve any penalty, as this is but a request to assist the commission.

V.

PARTIES.

Any person, firm, company, corporation, association, society, body politic, city or municipal corporation may complain to the commission and be heard either in person or by counsel at the commission's office or at public hearing as the commission may direct, upon any question or questions within the commission's authority to investigate, remedy or regulate.

The party complaining, requesting or petitioning is called the "complainant" and the party defending or against, or of whom anything is complained of or asked, is called the "defendant."

Persons or carriers not made parties to any proceeding may petition or request to be heard therein, and upon showing sufficient interest to entitle them, may be allowed to appear, such parties are called "intervenors" and when allowed to appear shall have equal rights with the parties thereto. All parties served by mail with any paper must at once notify the Secretary and the opposing party of the recipt of the paper served.

VI.
COMPLAINT.

All complaints must be in writing briefly setting forth the acts complained of and closing with a request or prayer for the relief sought.

The complaint must contain the names of the party complainant and the parties complained of in full.

The name, residence, or address of the complainant or his attorney must be stated.

Complaints may be in the form of a letter or by petition, but it is requested that the parties use the form approved by the commission.

VII.
ANSWERS.

The carrier or party complained of must answer within ten days from the date which the complaint was received, but the commission may in any particular case shorten or lengthen the time as they may see fit.

The original answer must be filed with the secretary of the commission at the commission's office. It is requested by the commission that the defendant furnish three additional copies for the use of the commission.

The answer should specifically admit or deny the allegations or charges of the complaint. And, if denying, should also set forth the reasons for denying or for a non-compliance with the request or prayer of the complaint; provided, that the defendants may be allowed at any time to, by way of answer, set forth that they have complied with the request or prayer of the complaint.

VIII.

WITNESSES.

Witnesses appearing before the commission, or wishing to be heard by giving testimony must be sworn before their testimony will be considered, unless the commission otherwise directs. This rule shall apply to all persons who offer to give any testimony before the commission; provided, that any attorney making a statement of his case, as attorney, shall not be required to be sworn, for the purpose of giving such statement.

All witnesses shall be subject to cross-examination within the limits the purpose of the hearing at which they are testifying, either by the opposite party or their or its attorney, and by the members of the commission or their attorney.

Any person testifying before the commission shall be deemed to be before the commission for any purpose they desire to question about within their authority. (The rule applys to the commission only.)

IX.

SUBPOENAS.

Subpoenas requiring the attendance of witnesses will, upon application of either party, or upon the order of the commission, or a commissioner, be issued by the Secretary, under the seal of the commission.

Subpoenas for the production of books, papers or documents (unless directed by the commission upon its own motion) will only be issued upon application in writing stating generally what books, papers or documents are required.

X.

SERVICE OF PAPERS.

Copies of papers, notices and other papers must be served upon the adverse party or parties either personally upon their representatives, as requested, or by mail. And when any party has appeared by attorney, service upon such attorney shall be deemed proper service. The Secretary will serve all complaints, answers, notices and other papers, upon the party against whom they are directed, or the party who is directly interested therein.

XI.
ORDERS.

All orders or decisions of the commission shall be signed The Railroad Commission of Montana by the Secretary.

Upon the issuance of any order by the commission against any railroad, carrier, express company or corporation, must promptly notify the Secretary of the receipt or service of such order, and likewise promptly upon a com

pliance therewith, notify the secretary of such compliance and the date, and when a change in rates is required such notice must be given in addition to the filing of the scale or tariff showing such change of rate.

XII.

COPIES OF PAPERS.

It shall be the duty of the Secreary to prepare, serve and furnish all necessary copies of complaints or pleadings in any proceeding to the opposing party or his counsel.

XIII.

INFORMATION OF PARTIES.

It shall be the duty of the Secretary, upon request, to advise any person as to the form or forms of petitions, complaints or other pleadings required by the commission or necessary to be filed in any case, and furnish such information from the public files in his office as will assist in a full and complete presentation of the questions in controversy.

These rules shall be printed and copies thereof furnished any person requesting same.

XIV.

AMENDMENTS.

The Board reserves the right to alter, change, amend or repeal any of these rules at any time and without notice.