« ForrigeFortsett »
of the settlement of the statement if there be one, and also that the appellant has received a duly certified transcript, or that he has not requested the Clerk to certifyto a correct transcript of the record, or if he has made such request that he has not paid the fees therefor, if the same have been demanded.
RULE 5. All transcripts of cases hereafter sent to this Court shall be written or printed on white writing paper, if such paper can be procured, with a margin on the outer edge of not less than one inch wide. The folios shall be numbered from the commencement to the end, and the numbering of the folio shall be written or printed on the left margin of the page.
RULE 6. The pleadings, proceedings and statement shall be chronologically arranged in the transcript, and each transcript shall be prefaced with an alphabetical index to its contents specifying the folio of each separate paper, order or proceeding, and the testimony of each witness.
RULE 7. Whenever a map or survey forms part of the transcript, it shall not be necessary to furnish more than one copy thereof, which shall be annexed to the transcript filed with and certified by the Clerk; reference thereto may be made in the other copies.
RULE 8. No transcript, or other paper or document, which fails to conform to the requirements of these rules shall be filed by the Clerk.
RULE 9. The transcript duly certified by the Clerk of the Court, from which the appeal is taken, shall be filed in this Court, and the party filing the same shall, before the time set for the argument of the case, deposit with the Clerk of this Court one copy of the transcript for each of the justices thereof. When written or printed by the party, he shall, at or before the time of filing the same, serve a copy thereof on the attorney of the adverse party; and if there be more than one adverse party, appearing by different attorneys, on the attorney of each party so appearing.
RULE 10. The expense of writing or printing transcripts, and copies thereof, shall be allowed as costs, and taxed in bills of costs in the usual mode, and twenty cents per folio of one hundred words shall be allowed for the transcript, and ten cents per folio of one hundred words for each copy thereof furnished as required by the rules.
RULE 11. For the purpose of correcting any error or defect in the transcript from the Court below, either 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 accompanied by an affidavit, showing the existence of the error or defect alleged, and such suggestion must be made as soon as practicable after the error or defect shall have been discovered.
RULE 12. Exceptions to the transcript, statement, the bond or undertaking on appeal, or to the notice of appeal, or to its service or proof of service, or any technical objection to the record affecting the rights of the appellant to be heard on the points of error assigned, must be taken at the first term after the transcript is filed, and must be noted in writing, and filed at least one day before the argument, or they will not be regarded. In such case, the objection must be presented to the Court before the argument on the merits.
RULE 13. Upon the death or other disability of a party pending an appeal, his representative shall be substituted in the suit by suggestion in writing to the Court on the part of such representative or of any party. Upon the entry of such suggestions an order of substitution shall be made, and the cause shall proceed as in other cases.
RULE 14. The calendar of each term shall consist of those causes in which the transcript shall have been filed and served on the Attorneys of the adverse party five days before the commencement of the term, unless by the written consent of the parties, provided that all cases in which the appeal is perfected previous to the commencement of the term of Court, or during the term thereof, and the statement settled (if there be one), and the transcript shall be filed by either party, shall be placed on the calendar on motion of either party in the discretion of the court, and any cause so placed on the calendar shall be heard and determined before the adjournment of said Court, or the appeal shall be dismissed unless the Court for good cause shall otherwise direct. After a cause is placed on the calendar the respondent may move the Court to have the appeal dismissed, upon the ground that the same was taken for delay; and if it shall appear to the Court upon the inspection of the record, or upon affidavits submitted by the parties that it was so taken, the Court shall dismiss the appeal,
and add to the costs such damages as may be just, as provided by section 347, chapter 48 of compiled laws, ceedings in civil cases."
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RULE 15. All causes shall be heard in the order of the date of perfecting the appeal therein, and all the causes shall be set on the calendar in the same order, except causes in which the Territory is a party, which shall be placed at the head of the calendar.
RULE 16. At least one day before the argument, both the appellant and respondent shall furnish to each other a written or printed copy of his points and authorities, and at the commencement of the argument shall deposit with the Clerk one written or printed copy for each of the Justices of this Court, one to be filed with the record of the case, and one for the use of the reporter.
RULE 17. When briefs or arguments are filed, the same shall be written or printed, and one copy shall be filed in the case, one copy for each of the Justices of this Court, one copy deposited with the Clerk for the reporter, and a copy shall be served on the attorney of the adverse party.
RULE 18. In all cases where a paper or document is required by these rules to be written or printed, it shall be written or printed upon similar paper, and in the same style and form (except the numbering of the folios in the margin) as is prescribed for the printing of transcripts.
RULE 19. No more than two counsel on a side will be heard upon the argument, except in peculiar and important cases; but each defendant who has appeared separately in the Court below may be heard through his own counsel. The counsel for the appellant shall be entitled to open and close the argument.
RULE 20. Each opinion delivered by the Court shall, after the expiration of twenty days from the time it is filed with the Clerk, be recorded by the Clerk, who shall, after recording the same, deliver a copy thereof, with a transcript of the judgment, order or decree of the Court, to the reporter, unless a petition for a rehearing be pending, and he shall be allowed twenty cents per folio for such recordation, and twenty cents per folio for the copy.
RULE 21. All motions for a rehearing shall be upon petition, which shall be written or printed and filed within fifteen days
after the judgment is rendered or order made; no argument will be heard upon the petition. The petition shall operate as a stay of proceedings until the decision of the motion, or until the further order of the Court. No petition for rehearing shall be filed by the Clerk after the expiration of the time prescribed by this rule, or such further time as shall have been allowed by this Court or the Justices thereof, and such motion for rehearing shall be disposed of at the same term.
RULE 22. No remittitur in the Court below shall issue until after the expiration of the time allowed by the last rule to file a petition for rehearing, unless upon good cause shown after notice to the opposite party, or by written consent of the parties filed with the Clerk.
RULE 23. In all cases where notice of a motion is necessary, unless for good cause shown, the time is shortened by an order of one of the Justices of this Court, the notice shall be five days.
RULE 24. Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted with the remittitur to the Court below.
RULE 25. No paper shall be taken from the Court-room, or the Clerk's office, except by order of the Court or of one of the Justices. No order will be made for leave to withdraw a transcript for examination except upon written consent to be filed with the Clerk.
RULE. 26. No writ of error or certiorari shall be issued except upon order of one of the Justices upon petition, showing a proper cause for issuing the same.
RULE 27. When a writ of error is issued, upón filing the same and a sufficient bond or undertaking with the Clerk of the Court below, and upon giving notice thereof to the opposite party or his attorney, and to the Sheriff, it shall operate as a supersedeas. The bond or undertaking shall be substantially the same as required in cases on appeal.
RULE 28. The writ of error shall be returnable within thirty days, unless otherwise specially directed.
RULE 29. The rules and practices of this Court respecting appeals, shall apply so far as the same may be applicable to proceedings upon a writ of error.
RULE 30. The writ shall not be allowed after the lapse of one year from the date of the judgment, order or decree, which is sought to be reviewed, except under special circumstances.
RULE 31. When causes are placed upon the calendar, each of the parties, appellant and respondent, shall be primarily liable for his own costs, and the Clerk or other officer shall not be required to perform any service for either party unless his fees for such be paid in advance if demanded. And either party may have a remittitur issued upon payment of all his own costs, including the cost of the remittitur. This rule shall not apply to criminal causes.
RULE 32. All causes regularly on the calendar may be brought to a hearing by either party when called in their order, upon the day for which said causes have been previously set, or as soon thereafter as they may be reached in the regular call without further notice than is contained in the apportionment of the calendar made by the Clerk or Court, and on such call of the calendar, if no counsel appear for the appellant, and no brief or statement of points and authorities on behalf of the appellant is on file, the appeal will be dismissed or judgment affirmned, in the discretion of the Court, on motion of the respondent.