Table of Contents, Appendix V, Appendix VII
Appendix VI - Commission Procedures for the Taking of Testimony
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.
- Sworn Depositions
- 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.
- 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.
- 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.
- 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.
- The period of notice specified in Paragraph D may be waived by a
witness.
- 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.
- 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.
- 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.
- Sworn Affidavits
- 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.
- 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.
- 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.
- 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.
- 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.
- The period of notice specified in paragraph three (3) may be waived by a
witness.
- 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.
- 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.
- 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.
- Rulings on objections or other procedural questions shall be made by the
presiding member of the Commission.
- A stenographic verbatim transcript shall be made of all testimony received
by the Commission. Copies of such transcript shall be available for inspection
or purchase by the witness or his counsel at regularly prescribed rates from
the official reporter. A witness or his counsel shall be permitted to purchase
or inspect only the transcript of his testimony before the Commission.
Table of Contents, Appendix V, Appendix VII