Standard Oil Co. v. Southern Pacific Co.

Background

A party identified as the petitioner asked the Court for permission to take additional testimony in the case. The other side, called the respondents, opposed that motion. Lawyers for both sides are named in the record. The Court addressed that procedural request and issued an order setting out how any extra testimony may be taken.

Reasoning

The single question was whether the Court would allow more testimony and under what conditions. The Court granted the motion but limited the testimony to the subject matter listed in the motion and required that all testimony follow Rule 12, paragraph 2. The petitioner must present written questions (interrogatories) to the opposing party by June 1, and the opposing side may file cross-interrogatories by June 20. A commission will issue to the clerk of the Circuit Court of Appeals for the Second Circuit to take the testimony, and the written questions plus the evidence must be sent to this Court by September 1. The order also assigns payment of the commission’s costs to the petitioner.

Real world impact

Practically, this order permits more fact-finding but only within narrow limits and on a strict timetable. The petitioner gains the ability to take additional sworn testimony but must serve the required written questions on time and pay the commission costs. The lower court clerk in the Second Circuit will receive and forward the evidence to the Supreme Court under the schedule set by the order.