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Each Transcript shall be prefaced with or have annexed an alphabetical index to its contents, specifying the page of each separate paper, order, or proeceding, and of the testimony of each witness, and shall have blank or fly sheet covers.
RULE SIXTH. The Transcript shall be fastened together on the left side of the pages, so that the same may be secured and every part conveniently read.
RULE SEVENTI. Tho Transcript shall be written in a fair legible hand, and each paper or order shall be separately inserted.
RULE EIGHTII, The party filing the Transcript may, if he so desire, have the same printed, but the expense of printing shall not be allowed or taxed as costs,
RULE NINTH. No Transcript which fails to conform to the requirements of these rules shall be filed by the Clerk.
RULE TENTH. The Transcript, on appeal from a final judgment, shall contain copies of the notice of appeal; the undertaking or undertakings executed by appellant on the appeal; the pleadings on which are formed the issues tried in the cause; the statement, if there be one; and such other parts of the judgment roll as are necessary to present or explain the points ruled on, and no more.
On appeal from a judgment rendered on an appeal or from an order, the transcript shall contain copies of the notice of appeal ; the undertaking or undertakings filed by appellant; the judgment or order appealed from and of the papers used on the hearing in the court.
The appellant shall be charged with the duty of having the transcript per fected in accordance with the statute and the rules: : Provided, That if it shall appear to the satisfaction of the Court
that the appellant has filed his praecipe in time with the clerk of the Court below, directing the preparation of the transcript, and specifying what portions of the record the same shall contain, then, in case the transcript shall be imperfect and shall not conform to the requirements of the praecipe, and sufficient reason for Buch non-conformity does not appear, the appeal shall not be dismissed, and on motion of the appellant, a rule sball be entered upon the clerk helow to correct the transcript within such time as may he allowed by the Court.
RILE TWELFTI. For the purpose of correcting any error or defect in the transcript, other party may suggest the same in writing, and, upon good cause shown, obtain an order that the proper clerk certify to this Court the whole or part of the record, as may be required. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompanie l by an affidavit showing the existence of the alleged error or defect.
RTLE THIRTEEN TII. Proof of service of notice of appeal on the respondent may be macie by atlidavit, and in all cases pront of service of such notice or waiver thereof shall be filed in this Court five days at least before the commencement of the term to which the appeal is taken.
RULE FOURTEENTI. Exceptions to the transcript, statement, undertaking on appeal, notice or appeal, or to its service, or proof of service, or any technical objection to the record affecting the right of the appellant to be heard on the error's assigned, must be taken at least one day before the day on which the cause may be set down for hearing, and must be noted in writing and filed at least one day before the argument, unless the appellant otherwiso consent, but in all cases such objection must be presented to the Court before the argumert on the merits.
RULE FIFTEENTII. Upon the death or disability of a party, or tranfer of his interest in the suit, pending an appeal, such fact shall be suggested in writing to the Court; and if ibe cause of action survive or continue, upon motion of the legal or personal representative of such party, or of any party to tho record, an order shall be made substituting such representative in the cause, and the cause shali proceed as in other cases.
RULE SIXTEENTH. The calendar of each term of this Court shall consist only of those causes in which the transcript shall have been filed in this Court five days before the commencement of the term, unless by written consent of the parties : Provided, That all cases in which the appeal is perfected as provided in rule first, and the transcript is not filed five days before the first day of the term, may be placed on the calendar, on motion of the respondent, upon the filing of the transcript, during the first week of the term.
RULE SEVENTEENTH. Causes shall be placed on the calendar in the order in which the transcripts are filed, and except when brought to hearing upon notice or agreement of the parties, shall be disposed of in the order in which they appear upon the calendar.
RULE EIGHTEENTU. The appellant and the respondent shall furnish to each other a copy of his points and authorities at least one day before the commencement of the argument; and at or before the com. mencement of the argument sbail furnish to cach of the Justices a copy of the same, and shall file a copy of the same with the clerk; or cither party may file one copy thereof with the clerk, who shall cause the requisite copies to be made.
When briefs or arguments are filed, one copy shall be deliverol to the adverso party, one to each of the Justices, and ono to tbe reporter.
RULE TWENTIETH, No more than two counsel will be beard upon a side, and not over one and a half hour on a side for argument will be allowed, unless permission be asked and allowed before the argument cominence.
RULE TWENTY-FIRST. All opinions delivered by the Court, after having been finally corrected, shall be recorded by the clerli.
RULE TWENTY-SECOND. All motions for rehearing shall be in writing and filed within three days after the judgment is rendered or order made, and during the term at which the judgment or order is rendered or made.
RULE TWENTY-THIRD. No transcript cr paper filed in a cause shall be taken from the court room or clerk's office, except by written order of the Court, or one of tho Justices.
RULE TWENTY-FOURTH, The party filing the transcript shall be primarily liable for costs. “In no civil case sball the clerk be required to remit the final papers until the costs accrued in this court are paid.
Ordered, that the foregoing be, and the same are hereby, adopted as rules of this Court.
MONTANA TERRITORY, SS:
I, Lucius S. Peck, Clerk of the Supreme Court of Montana Territory, do hereby certify that the forogoing is a correct copy
of the rules adopted by the Supreme Court of said EAL ] Territory at the December term thereof, A. D. 1868.
Witness my hand and the seal of said Supreme Court, the second day of January, A. D. 1869.
LUCIUS S. PECK, Clork.