hearing shall not be made a part of the record until after opposing counsel shall have been afforded a full and fair opportunity to test their admissibility, and not then unless and except to the extent that after such test they are found to be relevant and material evidence and to have a bearing upon one or more of the issues joined in the case in which they are so offered.

(i) Unless the presiding commissioner or examiner shall otherwise direct, two copies of each exhibit of a documentary character must be furnished for the use of the Commission, except that in valuation cases four copies of such exhibits when offered in evidence by a protestant or intervener must be so furnished. Rule XIII.

§ 334. Briefs and Oral Argument.

(a) Briefs must comply with the requirements of Rule XXI. The date of each brief must appear on its front cover or titlepage. Each brief should contain an abstract of the evidence relied upon by the party filing it, preferably assembled by subjects, with reference to the pages of the record or exhibit where the evidence appears. It should include requests for such specific findings as the party thinks the Commission should make.

(b) Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in an appendix to the brief. Analyses of such exhibits should be included in the abstract of evidence under the subjects to which they pertain. The abstract of evidence should follow the statement of the case and precede the argument. Every brief of more than 20 pages shall contain on its front flyleaves a subject index with page references, the subject index to be supplemented by a list of all cases cited, alphabetically arranged, with references to the pages where the citations appear. In proceedings upon complaint alleging undue prejudice to or preference of any locality as contrasted with another locality or otherwise attacking a rate relationship, the complainant should insert in his brief opposite the statement of the case a small map or chart of the territory showing the situation involved.

(c) Briefs not filed with the Commission and served on, or before the dates fixed therefor will not be received except

by special permission of the Commission. All briefs must be accompanied by notice showing service upon all other parties or their attorneys who appeared at the hearing or on brief, and 20 copies of each brief shall be furnished for the use of the Commission. Applications for extension of time in which to file briefs shall be by petition, in writing, stating the facts on which the application rests, which must be filed with the Commission at least seven days before the time fixed for filing such briefs, in cases where the parties and their attorneys are located east of El Paso, Tex., Salt Lake City, Utah, or Spokane, Wash., and at least eight days before such time in cases where any of the parties or any of their attorneys are located at or west of the points named.

(d) For application in "proposed report" cases, which are all cases on the formal docket except those specified in paragraph (e), the following procedure will govern:

1. If oral argument before the presiding commissioner or examiner is desired, he should be so notified at or before the hearing and may arrange to hear the argument at the close of the testimony within such limits of time as he may determine, having regard to other assignments for hearing before him. Such argument will be transcribed and bound with the transcript of testimony, and will be available to the Commission for consideration in deciding the case. The making of such argument shall not preclude oral argument before the Commission, or a division thereof, and application therefor may be made as hereinafter provided.

2. Only one initial brief shall be filed by each party. The presiding commissioner or examiner shall fix for all parties the same time within which to file their briefs. Reply briefs are not permitted at this stage.

3. After expiration of the time set for briefs the examiner will prepare his proposed report containing the statement of the issues and facts and the findings and conclusions which he thinks should be made. This proposed report will be served by mailing copies to the parties or attorneys who appeared at the hearing or upon brief, except that in general investigations copies may also be mailed in the Commission's discretion. to other parties whose appearances are noted of record.

4. Within 20 days after service of the proposed report any party may file and serve, in the manner prescribed for briefs, exceptions to the examiner's proposed report and brief in support of the exceptions. Exceptions and brief should be contained in one print or document. Within 10 days after expiration of the time so fixed, briefs in reply to the exception briefs may be filed and served, but will not be received later except under leave granted upon application therefor. Application for oral argument before the Commission or a division thereof may be made by any party filing exceptions or reply to exceptions and must accompany the exceptions or reply. Parties or attorneys at El Paso, Tex., Salt Lake City, Utah, Spokane, Wash., or points west thereof, who appeared at the hearing or upon brief, will be allowed five days' additional time for filing and serving exceptions, exception briefs, and reply briefs, respectively.

5. Exceptions to the examiner's proposed report either as to statements of fact or matters of law must be specific. If exception is taken to matters of law or conclusions the points relied upon must be stated separately and clearly. If exception is taken to any statement of fact reference must be made to the pages or parts of the record relied upon, and a corrected statement incorporated in the exception brief.

6. In the absence of exceptions that are sustained or of ascertained error the statement of the issues and of the facts by the examiner will ordinarily be taken by the Commission as the basis of its report.

(e) In cases designated in the notices setting them for hear ing or at the hearing as "no proposed report" cases, briefs for the various parties shall be filed in the same order as governs in the taking of their testimony at hearings. At the close of the testimony in each case the presiding commissioner or examiner will fix the time for filing and service of the respective briefs as follows, unless good cause for variation therefrom is shown: For the opening brief, 30 days from close of testimony; for the brief of the opposing party, 15 days after the date fixed for the opening brief; for reply brief, 10 days after the date fixed for the brief of the opposing party. In investigation and suspension proceedings the presiding commissioner or examiner will fix the same time for filing and

service of briefs by all parties. Reply briefs are not permitted, and it is desired that briefs be filed in these proceedings only when the size of the record or the importance of the principle warrants. In valuation cases the bureau of valuation shall have 30 days in which to file its brief after the time allowed for protestant's brief, and protestant shall have 15 days thereafter in which to file its reply brief. Except as other time may be fixed by the presiding commissioner or examiner, briefs of interveners shall be filed and served within the time fixed for the brief of the party in whose behalf the intervention is made, except that in valuation cases briefs of parties other than protestants shall be served and filed at the time or times fixed for protestant's brief. Parties who fail to file opening brief, as required by this rule, will not be permitted to file reply to brief of opposing party. Except as provided in subdivision (d) of this rule, applications for oral argument before the Commission or division thereof shall be made at the hearing or in writing within 10 days after the close of testimony, or, in valuation cases, within 20 days after the close of testimony. If the parties in valuation cases elect to make oral argument before the presiding commissioner or examiner at the close of testimony in lieu of argument before the Commission or a division thereof, the request for such argument should be made at the opening of the hearing.

(f) Applications for oral argument will be granted or denied in the discretion of the Commission or division. Rule XIV. § 335. Applications for Rehearings, Rearguments, or Modification of Orders.

(a) Applications for further hearing in a proceeding before final submission, for reopening a proceeding after final submission, or for rehearing or reargument after decision, must be made by petition, stating specifically the grounds relied upon, filed with the Commission and served by the petitioner upon all parties or attorneys who appeared at the hearing, or oral argument if had, or on brief.

(b) If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be ad

duced must be briefly stated and it must appear not to be merely cumulative.

(c) If the application be for rehearing or reargument, the matters claimed to have been erroneously decided must be specified and the alleged errors briefly stated. If thereby any order of the Commission is sought to be vacated, reversed, or modified by reason of matters which have arisen since the hearing, or of consequences which would result from compliance therewith, the matters relied upon by the petitioner must be fully set forth in the petition.

(d) Applications for modification of orders which seek only change in the date when they shall take effect or in the period of notice thereby prescribed must be made by petition seasonably filed and served in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by telegram or otherwise, upon notice. thereof to all parties or attorneys who appeared as aforesaid.

(e) A petition for rehearing that part of any case relating to reparation must be filed within 60 days after service of the report therein. Rule XV.

§ 336. Number of Copies of Petitions, Etc., and Replies Thereto.

Except as otherwise provided in these rules, 15 copies of each petition, motion, application, notice, or other paper in proceedings pending before the Commission on its formal docket filed and served as provided in Rule VI shall be furnished for the use of the Commission. Within 10 days after service thereof any adverse party may file and serve a reply thereto, furnishing a like number of copies for the use of the Commission. A reply to a reply is not permitted. Rule XV-A.

(a) One copy of the transcript of testimony will be furnished by the Commission without charge for the use of the complainant and one copy for the use of the defendant. If two or more complainants or defendants have appeared at the hearing, such complainants or defendants must designate