COSTS OF INFERIOR COURTS.

1. The clerk of this court, in retaxing bills of costs sent up from the inferior courts, shall correct the same, so that no illegal item of cost may be embraced in any bill of cost sent out from this court.

TRANSCRIPTS.

2. All transcripts from the inferior courts shall be written in a large, plain, and legible hand, or printed or type-written. It shall be so written on only one side of the paper, with black ink, upon law paper in length 14 inches and in width 8 inches, with half an inch between the lines, having a blank margin on the left of every page, and the whole firmly attached at the top.

3. Clerks shall make out transcripts, so that process, pleadings, rules, orders, decrees, judgments, and steps of whatever kind, shall be entered in the order of sequence as they occurred in the progress of the cause. The date of issuance of process and of the filing of pleadings, and the date of rules made in the clerk's office, and the date and terms of rules, orders, decrees, judgments, and steps of every kind made in court, shall precede the entry of the same, respectively, in the transcript; and the clerk shall niake a minute and perfect index of the contents of the transcript. In case there be any failure, omission, or defect as to any of these particulars by

the clerk of the inferior court, he shall not

be allowed any cost for the transcript wherein such failure, omission, or defect

occurs.

4. Unless there is a question on the same in the court below, no notice to take depositions, nor caption of any deposition, nor affidavit, nor any other unnecessary paper, shall be inserted in the transcript; nor shall any fee be allowed any clerk for such matter. But the date of service of each paper so omitted shall be given, and also the time and place at which the deposition was taken, and who of the parties were present. And in copying depositions taken upon interrogatories the answer shall follow each question. Reports and accounts shall follow the orders or decrees on which they are based, when practicable, and be followed by the proof on which they are taken. No report of receivers, or other matter not affecting the questions in controversy, shall be put in the transcript unless required by counsel, and then it shall be stated at whose instance it was done, and the cost thereof will be charged accordingly.

5. The clerks of the inferior courts shall make out and file the transcripts for this court within the time prescribed by law, 17 8. W.

unless it be shown to have been impracticable; and no transcript, after it has been filed, shall be taken from the courthouse by counsel engaged in a cause without the clerk's permission, or a receipt given therefor; and no transcript shall be carried out of the city in which the court is held unless upon the order of the court or one of the judges, or unless it is otherwise directed by rule or general order of the court, or where counsel desire the record in order to prepare briefs required under these rules, in which case they will be allowed to take such records without order upon giving receipt therefor to the clerk.

6. When a clerk of an inferior court shall fail to make out and file with the clerk of this court a transcript of the record in any cause in which the state of Tennessee is a party, in which an appeal is prayed and granted in the time and manner prescribed by law, no cost will be allowed to such clerk in such case.

7. In all transcripts, civil and criminal, hereafter sent to this court, the clerks of the inferior courts shall indorse on the same the names of counsel for plaintiffs and defendants in their courts, and of plaintiffs and defendants in the supreme court, (if known to them, and on their failure to do so they will forfeit their fees in such cases.

issued from this court, the clerk shall pay the postage on such process necessary to get it into the hands of the officer to whom directed, and tax the same in the bill of costs, and the officer to whom exe. cution or process is issued and returnable to this court shall pay the necessary postage for its return; and if money is collected on an execution, it shall be the duty of the collecting officer to pay the expense of returning it to the clerk of this court, and make said expense a part of his commission.

8. When executions or other process are

ORDER OF BUSINESS.

9. The business of each circuit will be taken up and disposed of by counties in the order in which they stand on the docket. The entire business of each county will be disposed of when such county is called before proceeding to the business of the other counties of the circuit.

10. There will be one call of the docket of each county of every circuit. On that call every cause will be tried or continued. The law causes will be disposed of before the equity causes are called, and so of the equity causes before the state causes are called. State causes in counties will be taken up immediately after the civil docket has been tried.

12. In the case of death or marriage of any party to a cause pending in this court, making a revivor necessary, and no motion being made by the party entitled to revive by motion, as now provided by law, the cause may be revived by scire facias or bill of revivor, as in chancery cases, or by publication, as hereinafter provided.

13. If it shall appear by the return of the sheriff upon the scire facias, or upon the subpœna under the bill of revivor, that any deferdant therein is not to be found, or if it be shown by affidavit that any of the causes exist which are specified in the first, second, fourth, and fifth subdivisions of section 4852 of the Code as grounds for dispensing with personal service of process, the court in term-time, or clerk in vacation, may make an order requiring such party to appear at a time specified, and show cause why the suit should not be revived against him or her, a copy of which order shall be published for four consecutive weeks in some newspaper published at the place where the order is made, or in such other paper as the court or clerk may order.

14. Writs of scire facias to revive or against bill in state cases, subpoenas upon bills of revivor, and orders of publication, if issued or made in terms, may be made returnable as the court may direct. If issued or made in vacation, for purposes of revivor, such writs or orders of publication may be made returnable to the first day of the next term, or to any specified rule-day in vacation; and, in the latter case, after due publication, or service of the writ, if no defense be made or cause shown against the revivor, the clerk may, at any rule-day in vacation succeeding such return-day, enter an order reviving the cause.

15. The first Monday of every month shall be a rule-day; and the clerk shall keep a rule docket, in which he shall enter all orders made under these rules.

16. The clerk shall keep a motion docket, on which shall be entered all motions which are made in court, and not at once disposed of. Thursdays and Fridays shall be motion days, when motions may be made, and the motion docket called. All motions not disposed of when made shall be entered on the minutes and on the motion docket, and notice thereof immediately be given to opposite counsel. Motions shall be disposed of only on written briefs.

17. Petitions for rehearing, before being presented to the court, will be furnished to the opposite counsel; and, after both sides have prepared briefs, the record. together with the petition and briefs, will be presented to the court without argument. If the court determines that the cause shall be reheard, the counsel will be no

reargument is desired will be indicated, and the time for the reargument designated. But petitions for rehearing must, in all cases, be presented to the court within 10 days after the opinion in the case which is sought to be re-examined, except decisions made within the last 10 days of the term, and in such cases the petitions must be presented as soon after the de cisions are made as practicable. No such petitions will be received on the last day of the term.

18. All decrees of the court will be executed by its own clerks, unless otherwise ordered by the court.

BAR RULES.

19. The reading of the transcript will be dispensed with preceding the argument of causes, but counsel, in argument, may refer to and read such parts of the record as may be necessary to illustrate or establish the points made and relied on.

20. The counsel for appellant or plaintiff in error in all civil causes shall file with the clerk of the court, at least 10 days before the call of the county from which the cause comes, a written or printed brief, which shall be attached by the clerk to the transcript. If the record be filed at so late a date as not to permit the brief to be filed for the time required before the hearing, then such brief may be filed at any time after the filing of the transcript and before the cause is called for argument. This brief shall contain, in order herein stated: (1) A statement of what the case is, and the precise points raised by the pleadings, with such reference thereto as may be necessary; the substance of the verdict, and judgment thereon, or judgment without verdict or decree, with reference to pages of transcript whereon each appears. (2) A statement of the errors of fact or law relied upon to reverse or modify same; and in case it is an error of fact, the brief shall refer to the evidence relied on to show it, citing pages of record on which it appears. In case it be an error of law, the proposition of law relied on shall be stated, and following such propositions the authorities relied on to sustain the same shall be cited. All points of fact and law thus relied on shall be so stated, and all authorities relied on cited; but counsel will not be confined to the authorities cited, nor required to cite when there are none known to counsel. (3) When the error is the action of the court upon a preliminary motion, demurrer, or plea, the substance of such motion, demurrer, or plea shall be stated, and the action of the court thereon, citing the pages of transcript where same appears. When the error alleged is to the admission or rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected, with citation of record where the evidence and ruling may be found. When the error alleged is to the charge of the court, the specifications shall set out the part referred to, whether it be instructions given or instructions refused. citing pages of transcript. When the error is to a ruling upon the report of a master, the briefs

shall set out the exception to the report and the ruling of the court thereon, so that it may plainly appear; and, if it be a question of fact upon which master and chancellor have concurred or disagreed, shall so state. (4) When appellants or plaintiffs in error fail or refuse to file a brief as required by this rule, it will be taken as an abandonment of the appeal or writ of error, as the case may be. Errors not specified according to this rule will be treated as waived, but the court, at its option, may notice an error overlooked by counsel. (5) The counsel for a defendant in error or appellee shall file with the clerk of the court, at least three days before the calling of the cause, (if the record is filed in time, if not, then at any time before the calling of the cause,! a brief in support and defense of the judg ment or decree assailed. This brief shall be of like character with that required of the plaintiff in error or appellant, except that no specification of error shall be required, and no statement of the case, unless that already filed is controverted.

21. The briefs will not be required to be read, but may be; but all argument made thereon or therefrom shall be entirely oral or entirely written. Counsel will be permitted to present their arguments orally or in writing, as they prefer, but they shall be confined to one or the other mode of argument, and to one hour's time to the side in which to make it, except when otherwise ordered by the court in advance of trial. A written argument, however, will not supersede the necessity of a brief.

22. The reading of books or reports of opinions in court is not allowed. Counsel will be permitted to quote therefrom as desired, but the reading will not be permitted unless demanded by the court. When thus called for, no comments during the reading will be allowed, but such comment, if any, shall precede or follow the reading.

23. The briefs of counsel shall be written in a large and legible handwriting, with black ink, and upon law paper, or printed or type-written. References to text-books or books of reports shall be to the side paging, if any; but if none, then to the top paging, except that in respect to books which treat of subjects by sections.

24. Not more than two counsel shall be heard on each side of a cause. This rule may be relaxed in special cases on appli

In

cation to the court. Other counsel, if any, can file briefs or written arguments. 25. Counsel may present decrees at any time when the court is not engaged in hearing a cause; but decrees about which counsel do not differ may be entered without being presented to the court. The decrees and judgments will be prepared by counsel of the successful party, and submitted to counsel on the other side. the event of disagreement about same, the party disagreeing shall note objections in writing, and these, with decree of judg ment prepared, and such briefs as counsel on either side may desire to present therewith, will be handed in to the court, when the decree or judgment will be examined and corrected, if necessary, or further instructions given counsel. If found correct, it will be given to the clerk, with order to enter it.

26. Suggestions of diminution of record shall be made before the cause is called for trial, and at such time as gives opportunity to have the record perfected for the hearing, or the imperfection of the record will be waived: provided, however, that any amendment, thus supplied, brought before the court before the cause is finally disposed of after hearing, may be considered.

27. On presenting records to one of the judges, or to the court in term-time, for writs of error, or writs of error and supersedeas, a petition must accompany it, containing the brief to be used on trial, and attached to record, accompanied also by copy of notice served on opposite party or counsel, or such reasons given for absence thereof as the court or judge deems sufficient to excuse party from giving notice.

28. It is ordered by the court that the clerk of this court furnish clerks of inferior courts with copies of the rules of this court from 2 to 7, both inclusive. Hereafter these rules will be strictly enforced, and a penalty for a failure to comply will be visited on the clerk so failing. A copy of this order will accompany the rules.

29. It is ordered by the court that the clerk promptly record the written opinions delivered by the court, and that he shall not suffer them to be taken from his office until they are recorded.

All other written rules of this court, except so far as embraced herein, are revoked. Adopted June 12, 1891.