18. ASSIGNMENT OF SUBJECTS

The various cases pending before this court shall be assigned to the justices according to the table found in rule 49.

19. COPY OF PAPERS

Persons desiring a copy of the testimony or any record may obtain the same from the clerk of the court by paying the sum of 10 cents for each folio of 100 words to the clerk of the court. The money received for transcripts of testimony shall become the property of the reporters, to be apportioned among them under the supervision of the clerk of the court.

20. COPY OF TESTIMONY TO BE FILED IN OUTSIDE PORTS

In cases tried by parties or attorneys at ports other than New York, the court shall, upon application of said party or attorney, cause a copy of the transcript of record to be forwarded to the collector of said port, and due notice of said action given to said party or attorney, said transcript to be open to the inspection of said party or attorney (subject to the limitations of rule 36) for a period not exceeding 30 days subsequent to its receipt by the collector, after which the collector shall return said transcript to the office of the clerk of this court.

21. PROCESS-RECORDS-ORDERS

The clerk of the court shall cause a permanent record to be made in books kept for that purpose of all motions, decisions, orders, judgments, decrees, and commissions issued by the court or a justice.

22. FORM OF PROCESS

All process issued by this court, or the justices thereof, shall be in the name of the President of the United States, and shall be under the seal of the court and directed to the United States marshal of the district in which the same is to be served or to such other person as may be competent to act in his stead.

23. DEPUTY MARSHALS

At all sessions of the court for the trial of cases the court may require a deputy marshal of the district in which the court is sitting to be in attendance, whose duty it shall be to preserve order, serve process issued by the court when directed so to do by the court, and to enforce and carry into effect all orders made by the court.

24. RECORDS IN TRIALS AS EVIDENCE

Where a question arising by protest, appeal, or petition is under consideration for decision by any one of the divisions, and a decision

has been previously made involving substantially the same character of goods, or involving an issue arising upon the same state of facts, the record and testimony taken in such case may, within the discretion of the court, be admitted as evidence in the pending case on motion of either the Government or the importer, or on the court's own order; provided that the party introducing such record shall, upon the demand of the opposite party, produce any witness, whose testimony is thus introduced, for the purpose of reexamination or cross-examination. This rule shall apply also to the printed record in any case acted upon by the courts of appeals from the decisions of this court. The court shall not, however, entertain any motion to admit the record in any case unless at least five days' notice of said motion be served on the opposite party, or unless such notice is waived by the opposing party.

25. COMMISSIONS-LETTERS ROGATORY-DEPOSITIONS

Commissions or letters rogatory shall be issued under the seal of the court to examine witnesses resident in another country or in a distant part of the United States whenever it shall appear to the satisfaction of a justice, or a division before which the case is pending, that the testimony of said witnesses is necessary and important in such case and that the witnesses can not attend a trial thereof.

Commissions or letters rogatory to take depositions shall be issued only upon motion made in writing, accompanied by affidavit duly verified, which affidavit shall set forth the names and addresses of the witnesses whose testimony is sought, the facts which are to be proved by them, the necessity for their appearance at the trial, and the fact that the witnesses can not be produced in person.

A copy of the affidavit and notice shall be served upon the opposite party or his attorney not less than five days before the day on which the application is to be presented to the justice or the justices of the division for consideration.

Depositions may be taken by stipulation upon such terms at such times and upon such conditions as may be agreed upon in the stipulation by the parties thereto, the witnesses in every instance to be under oath, which shall be administered by some officer authorized to administer oaths by the laws of the country where the deposition is taken.

Interrogatories for the examination of witnesses under commission shall be filed and served upon the opposite party. Cross-interrogatories shall be filed and served within the time fixed by the court or justice. If there be objections to the interrogatories or crossinterrogatories, such objections may be settled by a justice sitting in chambers, on the application of either party, or may be filed with the papers and passed upon at the trial.

Such commission or letters rogatory to take depositions may be issued to an American consul, court, notary public, or other officer authorized to administer oaths and forwarded by the attorney or applicant, together with the interrogatories and cross-interrogatories attached. The answers of each witness under oath to both direct and cross interrogatories shall be in writing and subscribed to by said witness. Thereupon the commissioner shall return the same to the clerk of this court, through proper channels, and the testimony so taken shall be read upon the trial of the case with the same force and effect as though the witness were personally present, subject to any and all objections as to competency, materiality, and relevancy, which objections may be made at the time said deposition is offered. Upon the return of the deposition the clerk shall open and file it forthwith in his office and give notice thereof by mail to the counsel for the respective parties. Any motion to suppress such deposition may be made within 15 days after the mailing of said notice or at the time of trial, and if not so made such motion to suppress shall be deemed waived.

All costs, charges, and expenses incident to taking depositions shall be borne by the party making application for the commission unless otherwise provided for by stipulation or order of the court.

26. HEARINGS IN REAPPRAISEMENTS

In a proceeding before a justice sitting in reappraisement the parties in interest, or their attorneys, and the Assistant Attorney General shall be given an opportunity to introduce evidence and to hear and cross-examine witnesses of the adverse party and to inspect all samples and all documentary evidence or other papers offered and received in the case, except as provided for in rule 12.

. At the hearing of appeals to reappraisement affidavits and reports of special agents abroad and other United States officials discharging their duties in investigating market conditions shall be considered and accorded such credence and probative value as, in the opinion of the justice the circumstances may justify, even though such reports may contain statements in the nature of hearsay or secondary evidence.

In applications to review a decision of a justice rendered in reappraisement proceedings the record made before such justice (including samples, testimony, exhibits, and record of proceedings) shall be the record before the division hearing such application. The record in a reappraisement proceeding (including samples, testimony, exhibits, and record of proceedings) may, in the discretion of the court, be admitted in evidence in another reappraisement proceeding involving similar merchandise or an issue arising upon the same state of facts; but if such record includes the testimony of a witness or witnesses, the party introducing such record shall, upon the demand

of the opposite party, produce such witness or witnesses for reexamination or cross-examination.

A copy of all decisions rendered by the court in review proceedings shall be mailed to the collector, appraiser, Assistant Attorney General, and to the parties to the proceedings or their attorneys.

27. EXHIBITS-DISPOSITION

Exhibits introduced in evidence in all classes of cases heard by a court or a justice shall remain in the custody of the clerk of the court for such time as they may be required, and shall not be surrendered before final judgment is rendered in the case in which they were introduced, except by order of a justice having jurisdiction of the case. Exhibits in a decided case, if not called for by the party entitled thereto, shall not be retained in the custody of the court more than one year after final judgment unless they are material for future use for reference in cases before the court, in which event they may be retained indefinitely upon the files maintained for such purposes. In cases wherein the persons entitled to exhibits make written request for their return the exhibits may be delivered by the clerk of the court upon their giving a receipt therefor. Exhibits which have become decomposed or offensive may be disposed of on order of the court, but a proper record of their disposition shall be made in each.

case.

28. DECISIONS AND JUDGMENTS

All judgments shall be entered by the clerk of the court in accordance with decisions rendered by a justice when sitting in reappraisement, or in accordance with decisions concurred in by a majority of justices when functioning as a division of three justices. An exact copy of said decisions shall be forwarded to the collector of the port where the protest, claim, petition, or appeal was filed, together with a duly certified copy of the court's judgment order, which judgment order shall be the collector's mandate and shall constitute his authority for the reliquidation of an entry, if such be the order of the

court.

The clerk shall also forward a copy of every decision to the Secretary of the Treasury and the Assistant Attorney General, and to such other persons as the chief justice may direct.

Until a judgment order shall have been duly entered and the same shall have been fully promulgated, the decision shall not be accessible to the attorneys for either party or to any person not entitled thereto.

29. REHEARINGS

Motions for rehearing under section 518 of the act of 1922 must be made in writing and filed with the clerk of the court within 30 days from the date of the entry of judgment in the case in which such

rehearing is requested. Such motion must clearly state the grounds or reasons therefor. If the grounds do not appear from the record, the motion must be accompanied by affidavits setting forth in detail the facts upon which the motion is based, and the opposing party may have 10 days after such service in which to file objections thereto. Briefs may accompany such motions. No oral argument shall be heard thereon, except as the court may in its discretion otherwise determine. A copy of said motion for rehearing shall be served upon the collector at the port at which the merchandise was entered and upon the opposite parties in interest or their attorneys of record.

30. FILING OF MOTION PAPERS

Motion papers shall be filed with the clerk of the court at his office and he shall enter them, in the order of their filing, in a book kept for that purpose and shall place the papers before the court before whom the motions are made.

Proof of service on the opposite party or his attorney of a copy of said motion papers shall accompany the filing of the papers with the clerk, and the opposing party shall have five days after such service in which to file a reply. When the motion is for a rehearing, copies of the motion papers shall also be served upon the collector of the port where the merchandise was entered.

31. REAPPRAISEMENT APPEALS TO BE VACATED BEFORE REHEARING When an application for a rehearing or retrial of a reappraisement has been granted by the justice who decided the case, the rehearing or retrial shall not proceed before him until the application for a review of the original decision, if one shall have been made, shall have been vacated by order of the court before which the same may be pending. If the application for rehearing or retrial be denied and not appealed from, the court shall proceed with the hearing of the application for review. If the application for a rehearing or retrial be granted, the court shall enter an order vacating the application for a review and remanding the same for further hearing.

32. PUBLICATION OF DECISIONS

The clerk shall cause abstracts to be made of all decisions that are not to be published in full and shall forward copies of such abstracts, together with copies of all decisions that are to be published in full, to the Secretary of the Treasury for publication.

33. RECORDS IN CASES APPEALED TO COURT OF CUSTOMS APPEALS

The record in each case appealed to the Court of Customs Appeals shall contain all papers in the case and all samples, exhibits, and documentary and oral evidence introduced at the trial, as well as the decision and judgment of this court therein.