RESOLUTION GOVERNING QUESTIONING OF WITNESSES
BY MEMBERS OF THE COMMISSION STAFF
Pursuant to Executive Order No. 11130, November
29, 1963, which authorizes this Commission "to prescribe
its own procedures," it is therefore
Resolved, That the following are hereby adopted
as the rules of this Commission for the questioning of witnesses
by members of the Commission staff.
I. Sworn Depositions
A. Individual members of the staff are hereby authorized to administer oaths and affirmations, examine witnesses, and receive evidence in the form of sworn depositions on any matter under investigation by the Commission.
B. Such sworn depositions may be taken only from witnesses designated in writing for questioning in this manner by the Commission, by a member of the Commission, or by the General Counsel of the Commission.
C. A stenographic verbatim transcript shall
be made of all sworn depositions. Copies of the witness' testimony
shall be available for inspection by the witness or his counsel.
When approved by the Commission, said copies may be purchased
by the witness or his counsel at regularly prescribed rates from
the official reporter.
D. Process and papers of the Commission issued
under Paragraph (d) of Joint Resolution S. J. 137, 88th Congress,
let session, shall be returnable no less than three days from
the date on which such process or papers are issued, and shall
state the time, place, and general subject matter of the deposition.
In lieu of such process and papers, the Commission may request
the presence of witnesses and production of evidence for the purpose
of sworn depositions by written notice mailed no less than three
days from the date of the deposition.
E. The period of notice specified in Paragraph D may be waived by a witness.
F. A witness at a sworn deposition shall have
the right to be accompanied by counsel of his own choosing, who
shall have the right to advise the witness of his rights under
the laws and Constitution of the United States, and the state
wherein the deposition shall occur, and to make brief objections
to questions. At the conclusion of the witness' testimony, counsel
shall have the right to clarify the testimony of the witness by
questioning the witness.
G. At the opening of any deposition a member of the Commission's staff shall read into the record a statement setting forth the nature of the Commission's inquiry and the purpose for which the witness has been asked to testify or produce evidence.
H. Any witness who refuses to answer a question
shall state the grounds for so doing. At the conclusion of any
deposition in which the witness refuses to answer a question the
transcript shall be submitted to the General Counsel for review
and consideration whether the witness should be called to testify
before the Commission.
II. Sworn Affidavits
A. Members of the Commission staff are hereby authorized to obtain sworn affidavits from those witnesses who have been designated in writing by the Commission, a member of the Commission, or the general counsel of the Commission as witnesses whose testimony will be obtained in this manner.
B. A copy of the affidavit shall be provided
the affiant or his counsel.
RESOLUTION
Pursuant to Executive Order No. 11130, November
99, 1963, which authorizes this Commission "to prescribe
its own procedures, " it is therefore
Resolved, That the following are hereby adopted as the rules of this Commission in connection with hearings conducted for the purpose of the taking of testimony or the production of evidence.
1. One or more members of the Commission shall be present at all hearings. If more than one Commissioner is present, the Chairman of the Commission shall designate the order in which the Commissioners shall preside.
2. Any member of the Commission or any agent
or agency designated by the Commission for such purpose, may administer
oaths and affirmations, examine witnesses, and receive evidence.
3. Process and papers of the Commission issued
under Paragraph (d) of Joint Resolution S_J. 137, 88th Congress,
1st session, shall be returnable no less than three days from
the date on which such process or papers are issued, and shall
state the time, place, and general subject matter of the hearing.
In lieu of such process and papers, the Commission may request
the presence of witness and the production of evidence by written
notice mailed no less than 3 days from the date of the hearing.
4. The period of notice specified in paragraph three (3) may be waived by a witness.
5. At the opening of any hearing at which testimony is to be received a member of the Commission shall read into the record a statement setting forth the nature of the Commission's inquiry and the purpose for which the witness has been asked to testify or produce evidence. A copy of this statement shall be given to each witness prior to his testifying.
6. A witness shall have the right to be accompanied
by counsel, of his own choosing, who shall have the right to advise
the witness of his rights under the laws and Constitution of the
United States and to make brief objections to questions. At the
conclusion of the witness' testimony, counsel shall have the right
to clarify the testimony of the witness by questioning the witness.
7. Every witness who testifies at a hearing shall have the right to make an oral statement and to file a sworn statement which shall be made part of the transcript of such hearing, but such oral or written statement shall be relevant to the subject of the hearing.
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