the motion. Any application for review of a reappraisement in which a timely motion for such rehearing has been filed shall be dismissed without prejudice as being untimely.

(c) Amendment of pleadings.—A party may amend his protest, petition, appeal, application for review, or other pleadings or process, at any time by leave of court, and such leave shall be freely given when justice so requires.

(d) All other motions.-All other motions, except those made orally in open court or at the trial of a case, shall be in writing and when in writing shall be filed in the office of the clerk of the court at New York and they shall be entered in the order of their filing in books to be kept for that purpose; except as otherwise provided by statute, such motions which are uncontested shall be determined by the judge having jurisdiction in the premises. All others shall be referred to the judge or division of the court having jurisdiction in the premises. Copies of all motions shall be served upon the opposite party or his attorney of record, either personally or by mail, and proof of such service shall accompany the filing of the motion papers. The opposing party, or his attorney of record, shall be allowed 15 days after service of a copy of any motion upon him in which to reply to the same: Provided, however, That in the case of motion papers filed in connection with cases tried at ports in the States of Washington, Oregon, California, Nevada, Idaho, Utah, Arizona, New Mexico, Colorado, Wyoming, Montana, Alaska, or Hawaii, or beyond the limits of the continental United States the court, may grant a period of 10 days in addition to the 15 days allowed, in which to file objections thereto.

(e) All motions and papers in opposition thereto, except motions to amend or oral motions made during trials or hearings, shall be accompanied by a proposed order such as each party may deem to be the proper form of order to be entered in the premises.

(f) All motion papers shall be addressed to the division of the court or to the judge before whom the matter is pending.

(g) Oral motions.-Oral motions made during trials or hearings, whether in New York or on circuit, shall be recorded in full by the reporter in attendance.

(h) Frivolous protest or appeal.-Whenever it shall appear to a division of this court, or a judge thereof, upon motion of counsel for the Government or upon its own motion, that any protest or appeal for reappraisement is frivolous, the division or judge shall, if such protest or appeal for reappraisement be determined to be frivolous, access penalties against the person filing such protest or appeal, and such protest or appeal shall be dismissed. Notice and an opportunity

to be heard shall be given to the person filing such protest or appeal before any finding or judgment is rendered. (Note Title 28, U.S.C. § 2641.)

RULE 7. TESTIMONY BEFORE TRIAL; DEPOSITIONS, DISCOVERY, AND INSPECTION

(a) Permission to take testimony before trial may be granted for good cause shown. Application for such permission must be filed with the clerk of the court and a copy thereof served upon the opposite party within the time fixed by the court or one of the judges.

(b) By leave of court any party may cause to be taken the testimony of any person within the territorial jurisdiction of this court by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes. Unless otherwise ordered by the court, the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, including the existence, description, nature, custody, condition, and location of any books, documents (including price lists and catalogues, reports or depositions of consuls, customs agents, collectors, appraisers, assistant appraisers, examiners, and other officers of the Government), or other tangible things, and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence. A party shall not be deemed to make a person his own witness for any purpose by taking his deposition.

(c) A subpoena, issued and subject to the conditions as provided in rule 18a, requiring the attendance of the person whose deposition is to be taken at a place and time specified in the subpoena shall be issued at the request of the party desiring to take the deposition.

(d) (1) The procedure as to motions to take such depositions, persons before whom the same may be taken, motions in connection therewith, notice, and, also, in the case of depositions to be taken upon written interrogatories, the procedure as to the filing of said interrogatories, the taking of the deposition, and its return to the court, shall follow generally that prescribed in rule 21 for commissions and letters rogatory.

(2) In the case of depositions to be taken on oral examination, the person before whom it is to be taken shall put the witness on oath and shall personally or by someone acting under his direction and in his presence, record the testimony of the witness. Thereafter the procedure shall follow that prescribed in rule 21.

(e) Upon written motion of any party showing good cause therefor, and upon notice to all other parties, a division or a judge of this court before whom an action is pending may order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents (including price lists and catalogues, reports or depositions of consuls, customs agents, collectors, appraisers, assistant appraisers, examiners, and other officers of the Government), papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to the matters within the scope of the examination permitted by this rule.

(f) If a deponent refuses to answer any question propounded upon oral examination or upon written interrogatories, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, the proponent may apply to the division or judge of this court in which the action is pending for an order compelling an answer.

(g) If a party or an officer or employee thereof, refuses to obey any order made under rule 7 or any provision thereof, the division or any judge of this court before whom the action is pending may make such orders in regard to the refusal as are just, and among others the following:

(1) An order that the matters regarding which the questions were asked, or the character or description of the thing or the contents of the paper, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing in evidence designated documents or things or items of testimony;

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judg ment by default against the disobedient party.

(h) If a witness refuses to be sworn or refuses to answer any question after being directed to do so by the division or judge of this court before whom the action is pending, or refuses to comply with any order to produce any document or other thing for inspection, copying, or photographing, or permit it to be done, after being directed to do so by any division or judge, the refusal may be considered a contempt of court.

(i) No default judgment shall be rendered against the United States as defendant unless the plaintiff establishes his claim or right to relief by sufficient evidence, except as to those matters and facts where it may be held that plaintiff's claim is established because of the default of the defendant.

RULE 8. PRE-TRIAL PROCEDURE; FORMULATING ISSUES

(a) In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider: (1) The simplification of the issues;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(4) the limitation of the number of witnesses;

(5) such other matters as may aid in the disposition of the action.

(b) The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order, when entered, controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.

RULE 9. APPEARANCES

Parties may appear and manage their cases personally or by attorney duly admitted under the rules of the court to practice at its bar.

RULE 10. ATTORNEYS

(a) The bar of the United States Customs Court shall consist of those persons heretofore admitted to practice in the court who have signed the roll of attorneys and those attorneys hereafter admitted in the following manner:

(b) An applicant for admission to practice at the bar of the court may be admitted before any judge upon motion made by a member in good standing of the bar of the court, and receive a certificate of admission, following the filing of an application in a form prescribed by the court, when such applicant is shown to have been admitted to practice law in the United States courts or in the highest court of any state, territory, the District of Columbia, or outlying possessions of

the United States, and is member in good standing of the bar of one of such courts. Upon being admitted each applicant shall subscribe to the following oath:

I,

do solemnly swear (or affirm) that I will demean myself as an attorney and counselor-at-law of the United States Custom Court uprightly and according to law, and that I will support the Constitution of the United States. So help me God.

Upon subscribing thereto, the applicant shall pay to the clerk the sum of $10.00, except that where the applicant is an attorney representing the United States before this court, payment of such fee is not required. The clerk as trustee, shall deposit such sum in a bank designated by the court and shall expend such moneys for the purchase of law books, for library conveniences, and other court purposes, only as directed by the court.

(c) Admission to practice at the bar of the court will be granted only upon the court's being satisfied that the applicant possesses the necessary qualifications as to professional standing, experience, and character.

RULE 11. DISBARMENT

(a) Whenever a certificate shall be received from the clerk of any court, or a petition shall be filed with the clerk of the court, supported by an affidavit, setting forth any of the following facts concerning a member of the bar of the court:

(1) That he has been disbarred from practice in any court of the United States or State court, to which he was previously admitted;

(2) that he has been convicted of an indictable offense involving moral turpitude;

(3) that he has been guilty of dishonest or unethical conduct; the clerk shall forthwith deliver said petition or certificate to the chief judge of the court who, after a copy thereof has been served upon the attorney named in the petition and the expiration of 10 days thereafter, during which time such attorney shall be permitted to file an answer to said petition, shall examine the petition and answer, and determine whether they contain probable cause for invoking the disciplinary powers of the court. If he shall so determine, he shall forthwith enter an order designating three judges to hear the matter. The order shall provide for a hearing within not more than 40 days nor less than 20 days after service, and a copy thereof shall be served upon the attorney named in the petition. The chief judge may designate an attorney-at-law to prosecute the proceeding in behalf of the petitioner. (b) The attorney named in the petition may appear in person