(d) All discrepancies, duplications, or other errors in the statements should be adjusted by the parties and correct agreed statements submitted to the Commission. Rule V.

§ 325. Service.

(a) Formal complaints and, upon leave granted, petitions in intervention, supplemental complaints, cross complaints, and amended complaints will be served by the Commission, and copies of each must be furnished in sufficient number, as provided in Rule III in respect of complaints.

(b) Except as otherwise provided in paragraph (d) hereof, answers, petitions, motions, applications, notices, and all other papers, except depositions, in proceedings pending before the Commission upon its formal docket, must, when filed or tendered for filing by the Commission, show service thereof upon all parties to the proceeding. Such service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy to each party.

(c) Except as otherwise provided in paragraph (d) hereof, when any party has appeared by attorney, service upon such attorney will be deemed service upon the party.

(d) In valuation proceedings protests, motions, petitions, and briefs must, when filed or tendered for filing by the Commission, show service thereof upon all other parties named in the notice of service of the tentative valuation or who appeared at the hearing or on brief. Each protest, motion, petition, and brief must when filed be accompanied by 30 copies for the use of the Commission.. Rule VI.

§ 326. Amendments.

Amendments to any pleading will be allowed or refused by the Commission in its discretion. In valuation cases the Commission may direct a protestant to state by way of amendment his claim or protest more fully and in detail. Rule VII.'

§ 327. Continuances and Extensions of Time.—

For cause shown, continuances and extensions of time will be granted or denied by the Commission in its discretion. Rule VIII.

§ 328. Stipulations.—

The parties may, by stipulation in writing filed with the Commission, or presented at the hearing, agree upon any facts involved in the proceeding. It is desired that the facts be thus agreed upon in so far as and whenever practicable. Rule IX.

§ 329. Hearings.

(a) When issue is joined upon formal complaint by service of answer, or by failure of defendant to answer, or upon tentative valuation by filing of protest, the Commission will assign a time and place for hearing. Witnesses will be examined orally before the Commission, a commissioner, or one of its examiners, unless their testimony is taken by deposition or the facts are presented to the Commission in the manner provided for in Rules IX and X-A.

(b) At hearings on formal complaint the complainant shall open and close. At hearings upon applications for relief from any provision of the Act the applicant shall open and close. At hearings of investigation and suspension proceedings the respondent shall open and close. At hearings of all other investigations on the motion of the Commission, the Commission shall open and close. The order of presentation above prescribed for the several kinds of hearings, respectively, shall be followed, except as the Commission may prescribe a different order or the presiding commissioner or examiner may otherwise direct. In hearings of several proceedings upon a consolidated record the presiding commissioner or examiner shall designate who shall open and close. Interveners shall follow the party in whose behalf the intervention is made, and in all cases where the intervention is not in support of either original party the presiding commissioner or examiner shall designate at what stage such interveners shall be heard.

(c) In valuation cases at or after the close of testimony or at any stage of the hearing the presiding commissioner or examiner or the commissioner in charge may call for further evidence upon any issue and require such evidence to be presented by the carrier or carriers concerned or by the bureau of valuation either at that hearing or at a further hearing. Rule X.

§ 330. Shortened Procedure.—

(a) As soon as practicable after service of a formal complaint the Commission will indicate whether the proceeding thereon should be conducted under the shortened procedure provided for by this rule. Such indication will be made by the Commission either upon its own initiative or upon its approval of a request therefor made by any party to the proceeding before assignment thereof for oral hearing under Rule X. In any proceeding so selected the Commission will request all parties thereto to advise the Commission within a short time to be specified by it whether they consent to conduct thereof under such shortened procedure.

(b) Each party consenting to shortened procedure must, at the time of consenting, advise the Commission to whom on its behalf the memoranda of the other parties shall be furnished. Wherever practicable the parties should arrange for such representation on each side as will limit each memorandum to the least possible number of copies.

(c) After expiration of the time stated in paragraph (a), the Commission will notify all parties that the proceeding will or will not be conducted under this rule.

(d) If all parties do not consent to shortened procedure, the proceeding will be assigned for oral hearing. (See Rule X.) Unwillingness to consent will not affect or prejudice the rights or interests of any party.

(e) If all parties consent to shortened procedure, each complainant, or its representative, should submit to the commission, within 20 days after date of notice that the proceeding will be conducted under this rule, a memorandum of the facts, and, separately stated, of the argument, upon which it relies, together with copies thereof in sufficient number to enable the Commission to retain two copies, in addition to the original, for its own use, and to make service upon each party designated in said notice to receive copies.

(f) Within 30 days after date of service of complainant's memorandum, each defendant, or person designated by it to receive the memorandum, should serve upon complainant, or its representative, an answer memorandum of the facts, and, separately stated, of the argument, upon which it relies. The

original and two copies of this memorandum, accompanied by notice of service, must be filed with the Commission within the same time. If, within the time prescribed, any particular defendant does not serve and file an answer memorandum and has not notified the other parties and the Commission that one will be filed, it will be understood that such defendant does not desire to submit an answer memorandum.

(g) Within 15 days after date for filing the answer memorandum, each complainant, or its representative, may serve a reply memorandum upon each defendant, or person designated by it. The original and two copies of this memorandum, accompanied by notice of service, must be filed with the Commission within the same time, and the memorandum must be confined strictly to answering the facts and arguments set forth in the answer memorandum. If within the time prescribed any complainant does not serve and file a reply memorandum and has not notified the other parties and the Commission that one will be filed, it will be understood that such complainant does not desire to submit a reply memorandum.

(h) Petitions in intervention may be filed in proceedings conducted under this rule. Service of all memoranda shall be made also upon interveners, or the persons designated by them, and interveners should file and serve memoranda in conformity with the provisions relating to the parties on whose behalf they intervene.

(i) No form of memorandum is prescribed, but all memoranda must conform to the requirements of Rule XXI, and each copy must be complete in itself. All pertinent data. should be set forth fully and each memorandum should contain facts and argument similar to those in cases in which oral hearing is had and briefs are filed. Reference in this rule to "memorandum" or "memoranda" includes any documentary evidence made a part thereof. If reparation is sought, the expense bills should accompany complainant's original memorandum when there are not more than 10 shipments, but otherwise should be retained.

(j) The facts stated in the memoranda must be sworn to by persons having knowledge thereof. Except under unusual circumstances, such persons should be those who would appear

as witnesses, if oral hearing were had, to testify as to the facts stated in the memoranda. The original of each memorandum must show the signature, capacity, and impression of the seal of the officer administering the oath, and the date thereof. This original will be filed in the docket. The ramaining copies must bear notation that the original shows the data required in this respect.

(k) Parties or counsel at El Paso, Tex., Salt Lake City, Utah, Spokane, Wash., or points west thereof will be allowed five days' additional time for the filing and service of the memoranda herein provided for.

(1) Except as may be otherwise directed by the Commission, the filing of complainant's reply memorandum will conclude the presentation of evidence, and the case will be assigned to an examiner for preparation of a proposed report which will be served upon the parties. Thereafter the procedure will be the same as that in respect of proceedings in which oral hearing is had.

(m) At the request of any party, the proceeding will be assigned for oral hearing as provided by Rule X at any stage of the proceeding prior to service of the examiner's proposed report. The Commission may, in its discretion, set the proceeding for such hearing on its own motion at any stage of the proceeding. Rule X-A.

§ 331. Depositions.—

(a) Except in valuation cases, the testimony of any witness may be taken by deposition, at the instance of a party in any proceeding pending before the Commission, at any time after issue joined, or, if the Commission so orders, at any stage of the proceeding, pursuant to Section 12 of the Act, and in accordance with these rules of practice, but not otherwise.

(b) Such depositions may be taken before an agent or examiner of the Commission, or any judge or commissioner of any court of the United States, or any clerk of a district court, or any chancellor, justice, or judge of a Supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties nor interested in the event of the proceeding or