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21.

NO APPEARANCE OF EITHER PARTY.

When a case is reached in the regular call, and there is no brief or appearance for either party, the case shall be dismissed at the cost of the plaintiff in error, appellant, or petitioner.

22.

NEITHER PARTY READY AT SECOND TERM.

When a case is called for argument at two successive terms, and upon the call at the second term neither party is prepared to argue it, it shall be dismissed at the cost of the plaintiff in error, appellant, or petitioner, unless strong cause is shown for further postponement.

23.

SUBMISSION ON BRIEFS BY ONE OR BOTH PARTIES WITHOUT ORAL ARGU

MENT.

1. Any case may be submitted on printed briefs regardless of its place on the docket, if the counsel on both sides choose to submit the same in that manner, before the first Monday in May of any term. After that date cases may be submitted on briefs alone only as they are reached on the regular call.

2. When a case is reached on the regular call, if a printed brief has been filed for only one of the parties, and no counsel appears to present oral argument for either party, the case will be regarded as submitted on that brief.

3. When a case is reached on the regular call and argued orally in behalf of only one of the parties, no brief for the opposite party will be received after the oral argument begins, except as provided in the next paragraph of this rule.

4. No brief will be received through the clerk or otherwise after a case has been argued or submitted, except upon special leave granted in open court, after notice to opposing counsel.

24.

FORM OF PRINTED RECORDS, PETITIONS, BRIEFS, ETC.

All records, petitions, motions, and briefs, printed for the use of the court, must be in such form and size that they can be conveniently bound together, so as to make an ordinary octavo volume, having pages 6 by 9 inches and type matter 4 by 7 inches. They and all quotations contained therein, and the matter appearing on the covers, must be printed in clear type (never smaller than small pica or 11-point type), adequately leaded; and the paper must be opaque and unglazed. The clerk shall refuse to receive any petition, motion, or brief which has been printed otherwise than in substantial conformity to this rule.

25. BRIEFS.

1. The counsel for plaintiff in error, appellant, or petitioner shall file with the clerk, at least three weeks before the case is called for hearing, forty copies of a printed brief, one of which shall, on application, be furnished to each of the counsel engaged upon the opposite side.

2. This brief shall be printed as prescribed in Rule 24, and shall contain in the order here indicated

(a) A subject index of the matter in the brief, with page references, and a table of the cases (alphabetically arranged), textbooks, and statutes cited, with references to the pages where they are cited.

(b) A reference to the official report of the opinions delivered in the courts below, if there were such and they have been reported.

(c) A concise statement of the grounds on which the jurisdiction of this court is invoked, embodying: (1) The date of the judgment to be reviewed, with references to pages of the printed record-e. g. (R. 7)—where the judgment and its date appear. (2) The specific claims advanced, and rulings made, in the lower court, which are relied upon as the basis of this court's jurisdiction, with page references to the printed record. (3) A definite reference to the statutory provisions under which such jurisdiction is invoked. (4) A reference to cases believed to sustain the jurisdiction.

(d) A concise statement of the case, containing all that is material to the consideration of the questions presented, with appropriate page references to the printed record, e. g. (R. 12).

(e) A specification of such of the assigned errors as are intended to be urged. (f) The argument (preferably preceded by a summary) exhibiting clearly the points of fact and of law being presented, citing the authorities and statutes relied upon, and quoting the relevant parts of such statutes, Federal and state, as are deemed to have an important bearing. If the statutes are long, they should be set out in an appendix.

3. The counsel for a defendant in error, appellee, or respondent shall file with the clerk forty printed copies of his brief, at least one week before the case is called for hearing, such brief to be of like character with that required of the other party, except that no specification of errors need be given, and that no statement of the case need be made beyond what may be deemed necessary in correcting any inaccuracy or omission in the statement of the other side.

4. When there is no assignment of errors, as required by § 997 of the Revised Statutes, counsel will not be heard, except at the request of the court; and errors not specified according to this rule will be disregarded, save as the court, at its option, may notice a plain error not assigned or specified.

5. When, under this rule, a plaintiff in error, appellant, or petitioner is in default, the court may dismiss the case; and when a defendant in error, appellee, or respondent is in default, the court may decline to hear oral argument in his behalf.

6. No brief, required by this rule, shall be filed by the clerk unless the same shall be accompanied by satisfactory proof of service upon counsel for the adverse party.

26.

ORAL ARGUMENTS.

1. The plaintiff in error, appellant, or petitioner shall be entitled to open and conclude the argument. But when there are cross appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

2. When no oral argument is made for one of the parties, only one counsel will be heard for the adverse party.

3. Two counsel, and no more, will be heard for each party, save that in cases on the summary docket (see Rule 6, paragraph 6) only one counsel will be heard on the same side.

4. In cases on the regular docket (except where questions have been certified) one hour on each side, and no more, will be allowed for the argument, unless more time be granted before the argument begins. The time allowed may be apportioned between counsel on the same side, at their discretion; but a fair opening of the case shall be made by the party having the opening and closing.

5. In cases where questions having been certified to this court three quarters of an hour shall be allowed to each side for oral argument.

6. In cases on the summary docket one-half hour on each side, and no more, will be allowed for the argument.

27.

OPINIONS OF THE COURT.

1. All opinions of the court shall be handed to the clerk immediately upon the

delivery thereof. He shall cause the same to be printed and shall deliver a copy to the reporter.

2. The original opinions shall be filed by the clerk for preservation.

3. Opinions printed under the supervision of the justices delivering the same need not be copied by the clerk into a book of records; but at the end of each term he shall cause them to be bound in a substantial manner, and when so bound they shall be deemed to have been recorded.

28.

INTEREST AND DAMAGES.

1. Where judgments for the payment of money are affirmed, and interest is properly allowable, it shall be calculated from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the state where such judgment was rendered.

2. In all cases where a writ of error shall delay proceedings on the judgment of the lower court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding 10 per cent, in addition to interest, may be awarded upon the amount of the judgment.

3. The same rule shall be applied to decrees for the payment of money in cases in equity, unless otherwise ordered by this court.

4. In cases in admiralty, damages and interest may be allowed only if specially directed by the court.

29. COSTS.

1. In all cases where any writ of error, appeal, or writ of certiorari shall be dismissed in this court, costs shall be allowed to the defendant in error, appellee, or respondent unless otherwise agreed by the parties, except where the dismissal shall be for want of jurisdiction, when only the costs incident to the motion to dismiss shall be allowed.

2. In all cases of affirmance of any judgment or decree by this court, costs shall be allowed to the defendant in error, appellee, or respondent unless otherwise ordered by the court.

3. In cases of reversal of any judgment or decree by this court, costs shall be allowed to the plaintiff in error, appellant, or petitioner, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be a part of such costs, and be taxable in that court as costs in the case.

4. No costs shall be allowed in this court either for or against the United States, except where specially authorized by statute and directed by the court.

5. In all cases of the dismissal of any writ of error, appeal, or writ of certiorari in this court, the clerk shall issue a mandate, or other proper process, in the nature of a procedendo, to the court below, so that further proceedings may be had in such court as to law and justice may appertain.

6. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the . court below, and annex to the same the bill of items taxed in detail.

7. In pursuance of the Act of March 3, 1883, authorizing and empowering this court to prepare a table of fees to be charged by the clerk of this court, the following table is adopted:

For docketing a case and filing and indorsing the transcript of the record, $10.

For entering an appearance, 25 cents.

For entering a continuance, 25 cents.

For filing a motion, order, or other paper, 25 cents.

For entering any rule, or for making or copying any record or other paper, 20 cents per folio of each one hundred words.

For transferring each case to a subsequent docket and indexing the same, $1.

!

For entering a judgment or decree, $1.

For every search of the records of the court, $1.

For a certificate and seal, $2.

For receiving, keeping, and paying money in pursuance of any statute or order of court, 2 per cent on the amount so received, kept, and paid.

For an admission to the bar and certificate under seal, including filing of preliminary certificate and statement, $15.

For preparing the record or a transcript thereof for the printer, in all cases, including records presented with petitions for certiorari, indexing the same, supervising the printing, and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, 10 cents per folio of each one hundred words; but where the necessary printed copies of the record as printed for the use of the court below are furnished, charges under this item will be limited to any additions printed here under the clerk's supervision.

For making a manuscript copy of the record, when required under Rule 11, 20 cents per folio of each one hundred words, but nothing in addition for supervising the printing.

For issuing a writ of error and accompanying papers, $5.

For a mandate or other process, $5.

For filing briefs, $5 for each party appearing.

For every printed copy of any opinion of the court or any justice thereof, certified under seal, $2.

30. REHEARING.

A petition for rehearing may be filed with the clerk, in term time or in vacation, within forty days after judgment is entered, but not later; and must be printed, briefly and distinctly state its grounds, and be supported by a certificate of counsel to the effect that it is presented in good faith, and not for delay. Such a petition is not subject to oral argument, will not be granted, unless a justice who concurred in the judgment desires it, and a majority of the court so determines.

31. MANDATES.

Mandates shall issue as of course after the expiration of forty days from the day the judgment is entered, irrespective of the filing of a petition for rehearing, unless the time is shortened or enlarged by order of the court, or of a justice thereof when the court is not in session. See Rule 29, paragraph 5.

32.

DISMISSING CASES IN VACATION.

Whenever the plaintiff and defendant in a writ of error, or the appellant and appellee in an appeal, or the petitioner and respondent in a writ of certiorari, shall in vacation, by their attorneys of record, file with the clerk an agreement in writing that such writ or appeal shall be dismissed, specifying the terms as respects costs, and shall pay to the clerk any fees that may be due to him, it shall be the duty of the clerk to enter such dismissal and to give to either party requesting it a copy of the agreement filed; but no mandate or other process shall issue without an order of the court.

33.

APPEALS AND WRITS OF ERROR-BY WHOM ALLOWED-SUPERSEDEAS. 1. In cases where an appeal or writ of error may be had from a district court to this court, the same may be allowed, in term time or in vacation, by any judge of the dis trict court, including a circuit judge assigned thereto, or by a justice of this court. In cases where an appeal or writ of error may be had from a circuit court of appeals to

this court, the same may be allowed, in term time or in vacation, by any judge of the circuit court of appeals or by a justice of this court. In cases where a writ of error may be had from a state court of last resort to this court, the same may be allowed in term time or in vacation by the chief justice or presiding judge of the state court or by a justice of this court. The judge or justice allowing the appeal or writ of error shall take the proper security for costs and sign the requisite citation, and he may also, on taking the requisite security therefor, grant a supersedeas and stay of execution or of other proceedings under the judgment or decree, pending such appeal or writ of error. See Rev. Stat. §§ 1000 and 1007, and Rule 8. For stay pending application for review on writ of certiorari, see Rule 35, paragraph 6.

2. Supersedeas bonds must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect, and answer all damages and costs if he fail to make his plea good. Such indemnity, where the judg ment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal; but in all suits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages, or where the property is in the custody of the marshal under admiralty process, as in case of capture or seizure, or where the proceeds thereof, or a bond for the value thereof, is in the custody or control of the court, indemnity is only required in an amount sufficient to secure the sum recovered for the use and detention of the property, and the costs of the suit, and just damages for delay, and costs and interest on the appeal.

34.

QUESTIONS CERTIFIED BY A CIRCUIT COURT OF APPEALS OR THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.

(See § 239 of the Judicial Code, as amended by the Act of February 13, 1925.) 1. Where a circuit court of appeals or the court of appeals of the District of Columhia shall certify to this court a question or proposition of law, concerning which it desires instruction for the proper decision of a cause, the certificate shall contain a statement of the nature of the cause and of the facts on which such question or proposition of law arises. Questions of fact cannot be so certified. Only questions or propositions of law may be certified, and they must be distinct and definite.

2. If in such a cause it appears that there is special reason therefor, this court may on application, or on its own motion, require that the entire record be sent up so that it may consider and decide the whole matter in controversy as upon writ of error or appeal.

3. Where application is made for direction that the entire record be sent up, the application must be accompanied by a certified copy thereof.

35.

REVIEW ON WRIT OF CERTIORARI OF DECISIONS OF STATE COURTS, CIRCUIT COURTS OF APPEALS, AND THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.

(See §§ 237 (b) and 240 (a) of the Judicial Code, as amended by the Act of February 13, 1925.)

1. A petition for review on writ of certiorari of a decision of a state court of last resort, a circuit court of appeals, or the court of appeals of the District of Columbia, shall be accompanied by a transcript of the record in the case, including the proceedings in the court to which the writ is asked to be directed. See United States v. Rimer, 220 U. S. 547, 55 L. ed. 578, 31 Sup. Ct. Rep. 596; Furness, W. & Co. v. Yang Tsze Ins. Asso. 242 U. S. 430, 61 L. ed. 409, 37 Sup. Ct. Rep. 141; Houston Oil Co. v. Goodrich, 245 U. S. 440, 62 L. ed. 385, 38 Sup. Ct. Rep. 140; Layne & B. Corp. v. Western Well Works, 261 U. S. 387. 392, 67 L. ed. 712, 714, 43 Sup. Ct. Rep. 422; Magnum Import Co. v. Coły, 262 U. S. 159, 163, 67 L. ed. 922, 924, 43 Sup. Ct. Rep. 531; South

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