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appropriate action, to the Judicial Conference of the United States.

(b) In any case in which the court determines, on the basis of a complaint and an investigation, or on the basis of information otherwise available to the court, that a judge appointed to hold office during good behavior has engaged in conduct

(1) which might constitute one or more grounds for impeachment under article I of the Constitution; or

(2) which, in the interest of justice, is not amenable to resolution by the court;

the court shall promptly certify such determination, together with any complaint and a record of any associated proceedings, to the Judicial Conference of the United States.

(c) The court acting under authority of this paragraph shall, unless contrary to the interests of justice, immediately submit written notice to the complainant and to the judge whose conduct is the subject of the action taken under this paragraph.

8. In conducting any investigation under this paragraph, the court, or a special committee appointed under paragraph 4, shall have full subpoena powers as provided in section 332(d) of title 28, United States Code.

9. A complainant, judge, or trial judge aggrieved by a final order of the chief judge under paragraph 3 may petition the court for review thereof. A complainant against the judge, or the judge aggrieved by an action of the court under paragraph 6 may petition the Judicial Conference of the United States for review thereof.

10. (a) Adequate prior notice of any investigation will be given in writing to the judge or trial judge whose conduct is the subject of the complaint.

(b) The judge or trial judge whose conduct is the subject of the complaint will be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the committee or court, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing.

(c) These procedures are a matter of public record, and any such rule promulgated by the court may be modified by the Judicial Confer

ence.

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11. No judge whose conduct is the subject of an investigation shall serve upon a special committee appointed under paragraph 4, as member of the court pursuant to paragraph 5, upon the Judicial Conference, or upon the standing committee established under section 331 of title 28, United States Code, until all related proceedings under this paragraph have been finally terminated.

12. No person shall be granted the right to intervene or to appear as amicus curiae in any proceeding before the court.

13. All papers, documents, and records or proceedings related to investigations shall be confidential and shall not be disclosed by any person in any proceeding unless

(a) the court, the Judicial Conference of the United States, or the Senate or the House of

Representatives by resolution, releases any such material which is believed necessary to an impeachment investigation or trial of a judge under article I of the Constitution; or

(b) authorized in writing by the judge or trial judge who is the subject of the complaint and by the chief judge of this court, the Chief Justice, or the chairman of the standing committee established under section 331 of title 28, United States Code.

14. Each written order to implement any action under paragraph 6(b), which is issued by the court, the Judicial Conference, or the standing committee established under section 331 of title 28, United States Code, shall be made available to the public through the clerk of this court. Unless contrary to the interests of justice, each such order issued under this paragraph shall be accompanied by written reasons therefor.

APPENDIX C

PROCEDURE IN COMMON CARRIER CASES

[See main edition for text of Table of Contents]

PROCEDURE IN COMMON CARRIER CASES

[See main edition for text of П

II. DEFENDANT'S RESPONSE

[See main edition for text of (4) to (11)]

12. Relation to pleadings; time for filing answer or counterclaim. An all cases to which this order applies, the time for filing defendant's answer and any counterclaim asserted by it may, without regard to the provisions of Rules 38 and 40, be contemporaneous with the date fixed by the trial judge for filing defendant's response to plaintiff's request; provided, however, that the period of limitations provided by 49 U.S.C. § 16(3)(d) within which the defendant may file a counterclaim is not extended by any rule set forth in this Appendix or by any order pursuant thereto. At its option, the defendant may include the response in its answer or counterclaim, which pleadings, nevertheless, shall otherwise comply with the rules applicable to them.

[See main edition for text of III to VI

APPENDIX F

FORM OF PETITION FOR REVIEW FOR APPEAL AUTHORIZED BY LAW

The following is a form for petition for review under the Contract Disputes Act of 1978, 92 Stat. 2383, §§ 8(g)(1) and 14(h), and Civil Service Reform Act of 1978 (5 U.S.C. § 7703).

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RULES OF THE UNITED STATES CUSTOMS COURT

SUPERSEDURE OF RULES

The United States Customs Court was succeeded by the United States Court of International Trade pursuant to the provisions of the Customs Court Act of 1980, Pub. L. 96-417, Oct. 10, 1980, 94 Stat. 1727. The Rules of the United States Customs Court were superseded by the Rules of the United States Court of International Trade which, pursuant to Rule 1(b) thereof, took effect on Nov. 1, 1980, the effective date of the Customs Courts Act of 1980, and govern all proceedings in actions commenced thereafter and then pending, except to the extent that in the opinion of the court their application

in a particular action pending when they took effect would not be feasible or would work an injustice, in which event the former procedure applies. However, when a party was required or had been requested prior to the effective date of the Rules of the Court of International Trade to perform an act, pursuant to the Rules of the United States Customs Court in effect prior to the effective date of the Rules of the Court of International Trade, the act may still be performed in accordance with the rules in effect prior to the effective date of the Rules of the Court of International Trade.

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