- 32 -
had no personal knowledge of the matters involved. Finally, she
contended that petitioner’s attempt to subpoena her in this
proceeding was an effort to circumvent the order of the U.S.
District Court for the Eastern District barring petitioner from
making further filings in his case against Kidder Peabody. We
granted the motion to quash because petitioner had failed to
furnish fees and mileage. We did not reach the other bases to
quash asserted by Ms. Chervin.
Congress, in section 7453, has provided that proceedings
before this Court are to be conducted according to such rules of
practice and procedure as this Court shall prescribe. This
Court’s Rule 148 provides as follows:
(a) Amount: Any witness summoned to a hearing or
trial * * * shall receive the same fees and mileage as
witnesses in the United States District Courts. * * *
(b) Tender: No witness, other than one for the
Commissioner, shall be required to testify until the witness
shall have been tendered the fees and mileage to which the
witness is entitled according to law. * * *
Petitioner did not follow our Rules. He has given no reason
for his failure to do so. The record in this case indicates that
petitioner is a person of ample means, and, further, that he is
familiar with the Rules of this Court. There was no impediment
to his furnishing the fees and mileage prescribed in our Rules.
In this instance, however, as in many others, he has failed to
follow those Rules. The Court is entitled to enforce its Rules.
Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: May 25, 2011