RULES Of PROCEDURE 
 
 RAILROAD COMMISSION 
 
 STATE Of CALirORNIA. 
 
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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 
 

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 '^"^^'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