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and records and with plaintiff's auditors, officers, or witnesses having knowledge of the figures and matters forming the basis of the claim, or claims, before the court. In this way the parties may be able to stipulate many or all of the facts and figures so that the amount of oral or documentary evidence which might otherwise be necessary to be taken may be materially reduced.
Upon receipt of the audits and written explanations above-mentioned, the Assistant Attorney General, or the attorney designated by him to represent the defendant in the cases, should proceed with all possible dispatch in examining, checking, and verifying the audits and the facts therein disclosed and relied upon by plaintiffs. The plaintiffs concerned should make available to defendant's auditors their books of account, records, papers, and such other information as may be necessary or desired by the defendant in order that a proper check and verification of the facts and figures disclosed in such audit may be made at or near the place of business or principal office of the plaintiff concerned, or at such point as may be satisfactory and agreeable to auditors and officers of the plaintiff and the defendant. As soon as plaintiff's audit has been checked and verified, the Government auditor will report thereon as promptly as possible to defendant's counsel, and a copy of this report or statement of the Government auditor showing the result of his examination and check shall be furnished by defendant to plaintiff's attorney. The submission of proof to the commissioner of the court by plaintiff and the defendant shall thereafter proceed with all possible dispatch. Throughout the preliminary proceedings herein outlined counsel for plaintiff and defendant should keep in touch with each other and with the commissioners of this court to whom these cases have been assigned in order that the taking of proof may be begun and completed as early and as expeditiously as possible.
The court is aware that prior to the enactment of the act of June 25, 1938, under which the suits in this court have been instituted, all or a very large number of the plaintiffs filed with the Administrative Departments concerned audits or written statements in connection with claims filed under the act of June 16, 1934, and the court has given consideration to the matter of the use by counsel for defendant of such statements or audits for the purpose of a check and verification prior to the introduction by plaintiff of proof before a commissioner in support of the claims set forth in the petitions filed in this court. For reasons which are not necessary to be here set forth, the purpose and object to be accomplished by the procedure herein outlined would not be attained by an attempt to use the documents previously filed. Government counsel have advised the court that they desire to aid the plaintiffs and the court in every way possible in promptly submitting to the court the true facts and figures relative to the claims set forth in the petitions filed, and, in order that this may be done with as little delay and expense as possible to the plaintiffs and the Government the court desires by this preliminary procedure to avoid conflicting audits or the necessity of separate audit reports by the Government auditors. In consideration of the premises, IT IS ORDERED BY THE Court that the procedure herein outlined shall be followed by all the parties concerned as far as practicable in the preparation and the presentation of proof in the cases mentioned.
Nothing contained in this Memorandum is to be construed as a conclusion, ruling, or decision upon any matter of evidence, or that any audit, report, or supporting statement or explanation is or may constitute proper evidence in any case until it is formally offered or received in evidence or stipulated in evidence in whole or in part by the parties or their counsel.
Any other question of procedure arising during the progress of the cases and not covered by this Memorandum, or about which the parties desire instructions, may be submitted by counsel to the court directly or through the commissioner to whom the particular case has been assigned.
SUITS UNDER ACT OF JUNE 25, 1938
ORDER OF FEBRUARY 7, 1939
IN RE: SUITS TO RECOVER EXCESS COSTS AND EXPENSES INCURRED UNDER CONTRACTS ENTERED INTO SUBSEQUENT TO THE ENACTMENT OF THE NATIONAL INDUSTRIAL RECOVERY ACT, APPROVED JUNE 16, 1933, FOR THE CONSTRUCTION OF LOCKS AND DAMS FOR THE IMPROVEMENT OF NAVIGATION ON THE MISSISSIPPI RIVER AND ITS TRIBUTARIES
ORDER AS TO PROCEDURE IN SUBMITTING PROOF
Due to an inadvertence the memorandum and order of February 1, 1939, as to the procedure in subm ng proof in suits instituted under the Act of June 25, 1938, to recover increased costs of performance in connection with Government contracts resulting from the enactment of the National Industrial Recovery Act, approved June 16, 1933, was not in specific terms made applicable to suits of the class mentioned in the title of this order instituted under the Act of July 23, 1937, Public, 211, ch. 520, 75th Cong., 1st Sess. (H. R. 2565). It is, therefore, now ORDERED by the Court this seventh day of February 1939, that the memorandum and order of February 1, 1939, be and the same hereby is made applicable to the cases instituted under the Act of July 23, 1937, and, it is
FURTHER ORDERED that the procedure therein outlined be followed so far as practicable in the preparation and presentation of proof in cases of the class mentioned in the title of this order. By the court.
FENTON W. Booth, Chief Justice.
AMENDMENTS TO RULES
ORDER OF THE COURT AMENDING RULES 46 AND 80 (A)
It is ordered this 7th day of April 1941, that Rule 46 be and the same is amended by adding a paragraph at the end thereof reading as follows:
"In Indian cases the plaintiff may have 60 days from the date of the filing of exceptions to the commissioner's report within which to file its brief, and the defendant may have 60 days from the date of the filing of plaintiff's brief within which to file its brief.”
It is further ordered that Rule 80 (a) be and the same is amended by adding a paragraph at the end thereof reading as follows:
"In Indian cases the defendant may have 60 days within which to file its brief."