RULES Of PROCEDURE RAILROAD COMMISSION STATE Of CALirORNIA. / ^^OFTHt: ;»■::>/ r r? C^ ! T V RULES Of PROCEDURE RAILROAD COMMISSION STATE OF CALIFORNIA. OF THr s ^ UNIVERSITY OF Adopted^^Tiine"Sri 909. SACRAME:nTO: W. W. SHANNON - - SUPBRINTBNDENT STATE PRINTING 1909 34-lC '^"^^'oft Library RULES Of PROCEDURE OF THE RAILROAD COMMISSION OF THE STATE Of CALIfORNIA. The Railroad Commission of the State of Cali- fornia hereby adopts the following rules to govern the exercise of the judicial power conferred upon the Commission by the State Constitution, and the laws made in pursuance thereof: RuLD I. Any person believing himself aggrieved by any railroad or other transportation company, in any particular, may file a verified complaint against such railroad or transportation company with the Secretary of the Commission. The Secretary must indorse on the complaint the day, month, and year that it is filed, and must, at the request of the Commissio*^- issue a summons thereon. 194828 4 Rules of Procedure of the RuL:e II. The summons must be directed to the defend- ant, must be signed by the Secretary, and attested by the seal of the Commission, and must contain: 1. The names of the parties to the proceeding. 2. A statement of the nature of the complaint. 3. A direction that the defendant appear and answer said complaint at a time and place specified by said Commission. Rui^b: III. The summons may be served by any citizen of the State, and shall be served by delivering a copy thereof, together with a copy of the complaint, to the defendant, or if the defendant is a corpora- tion, to the President, Secretary, Treasurer, or Managing or Designated Agent thereof. Proof of service of summons and complaint must be made by certification. Rule IV. From the time of service of the summons and copy of complaint, the Commission shall be deemed to have acquired jurisdiction of the par- ties and subject-matter. The voluntary appear- ance of the defendant is equivalent to personal service. Rule V. The complaint must contain : 1. The names of the parties to the proceeding. 2. A statement of the cause of complaint, in or- Railroad Conunission.. 5' dinary and concise language, giving such particu- lars of time, place, and circumstances as may enable the defendant to answer the same intelli- gently. 3. A demand of the relief claimed. Rule VI. The complainant may unite several causes of action in the same complaint, but each cause must be separately pleaded therein. Rule VII. The defendant may, within the time required in the summons to answer, demur to the complaint upon the following grounds : 1. That it does not state facts sufficient to au- thorize the proceedings. 2. That it contains more than one cause of action, and that such causes are not ^separately pleaded. 3. That it is ambiguous, uncertain, or unintel- ligible. RulEVIII. If the demurrer is sustained, the complainant may, within ten days thereafter, amend his com- plaint. If the demurrer is overruled, the defend- ant must, within ten days thereafter, answer the complaint. 6 Rules of Procedure of the Rule IX. The answer of the defendant must contain : 1. A general or specific denial of the allegations of the complaint controverted by him. 2. A statement of any new matter of defense, or in mitigation or explanation of charges made in the complaint. 3. The answer of the defendant shall be verified and filed with the Secretary of the Commission, and a copy thereof served by defendant upon com- plainant. Rule X. The complainant may, within ten days after the service of the answer, demur to the same as in- sufficient, and if the demurrer is sustained, the defendant may, within ten days thereafter, amend his answer. Rule XL The complaint, answer, and demurrer must be subscribed by the party or by some attorney at law in his behalf. The complaint and answer must be verified, in the same manner, by the per- sons and in the form required by the Code of Civil Procedure in civil cases. Rule XII. All pleadings shall be in typewriting on one side of the sheet only; each line and page shall be numbered, and three copies of every pleading shall be filed with the Commission. Railroad Commission. 7 1. Every complaint shall specify the section or sections of the law claimed by complainant to have been violated by the facts pleaded. 2. Demurrers to pleadings shall be accompanied by a written statement of points and authorities in short form, or such demurrers will be disregarded by the Commission. Rule XIII. The provisions of Sections 452, 453, 462, 463, 464, 465, 469, 470, 471, 472, 473, and 476 of the Code of Civil Procedure shall be applicable to pleadings before the Commission. RuLD XIV. When issue has been joined, the Commission, upon application of either party, or of its own motion, shall fix the day and place of trial. 1. Good cause appearing therefor, the time or place of trial may be changed, but no order chang- ing the time or place of trial shall be made with- out proof of five days' notice of the application therefor. 2. The Secretary shall notify all parties of the time and place of trial as provided by law. 3. Stipulations entered into between parties ex- tending time to move or plead will not be con- sidered by the Commission. All extensions of time to move or plead must be secured from the Commission after two days' notice to the adverse 8 Rules of Procedure of the party of application therefor, and such applica- tions shall be accompanied by an affidavit showing necessity therefor. Rui.e XV. '. If the defendant fails to appear and answer the complaint, the Commission shall render such de- cision thereon, within the relief demanded in the complaint, as the facts may .warrant. RuLK XVI. The Secretary of the Commission must keep a calendar of the proceedings at issue, according to the date of service of the summons ; and Sections 595 and 596 of the Code of Civil Procedure shall be applicable to the proceedings to be had after said proceedings are entered on the calendar. Rule XVII. Any party to such proceeding, feeling aggrieved at the decision of the Commission may, within thirty days after such decision, apply to the Com- mission for a rehearing; such application shall be in writing, and shall be filed with the Secretary. The application may be made upon any or all of the following grounds : 1. Irregularity in the proceedings or abuse of discretion, by which the party was prevented from having a fair hearing. Railroad Commission. 9 2. Accident or surprise which ordinary pru- dence could not have guarded against. 3. Newly discovered evidence, material for the party making the application, which could not with reasonable diligence have been discovered and produced at the trial. 4. Insufficiency of evidence to justify the deci- sion, or that it is against the law. 5. Error of law occurring on the trial. Sections 658, 659, and 660 of the Code of Civil Procedure shall be applicable to such rehearing. RUI.S; XVIII. Sections 668, 669, and 670 of the Code of Civil Procedure shall be applicable to the entry of the decisions of these Commissioners. RuLD XIX. The provisions of Part IV of the Code of Civil Procedure, relating to the general principles, kinds, and degrees, production, and effect of evi- dence, and of the rights and duties of witnesses, shall be applicable to proceedings before the Com- mission. Rule; XX. The word "person" in these rules includes cor- porations and firms — the sinigular the plural, and the masculine the feminine and neuter genders. 10 Rules of Procedure. RuLD XXL These rules may be amended at any regular meeting of the Commission. RUI.E XXII. These rules shall be in force from and after the first day of July, 1909. A. C. Irwin, Pirsi District, H. D. LoVElvAND, Second District, ThE:0D0RE SuMMERIvAND, Third District, Railroad Commission of the State of California. Attest : W. D. Wagner, Secretary. 194828