the record on appeal shall not begin to run until such transcript is approved and certified as required by law, or until the proceeding to obtain the same has been terminated in the court below by dismissal or otherwise. EVIDENCE OF SERVICE. 2. Written evidence of the service upon the adverse party of the printed transcript shall be filed therewith. EXTENSION OF TIME. 3. The time above limited may be extended by written stipulation or by order, based on affidavit, showing good cause therefor. BRIEFS. 4. Within thirty days after the filing of the transcript, the appellant shall file with the clerk his printed points and authorities, with proof of the service of one copy thereof upon the attorney or attorneys of each respondent who shall have appeared separately in the superior court. Within thirty days after the service of appellant's points and authorities, the respondent shall serve and file his printed points and authorities; and within twenty days after service of respondent's points the appellant may serve and file a reply. In criminal cases the appellant shall file his points and authorities (with proof of service of a copy thereof on the Attorney General) within fifteen days after the filing of the transcript. The Attorney General shall serve and file his points and authorities within fifteen days after service upon him of the appellant's points, and within ten days thereafter the appellant may serve and file a reply. Such points and authorities may be either printed or typewritten. EXTENSION OF TIME ON BRIEFS. 5. The time above limited for filing points and authorities shall not be extended except by order of the court upon stipulation of the parties, or an affidavit showing good cause therefor. No briefs shall be filed after oral argument except by special order. COPIES OF TRANSCRIPT AND POINTS TO BE FILED. 6. The party wishing to file any printed paper shall prepare the original and twenty copies thereof. If such paper is to be filed in a District Court of Appeal, the original and three copies shall be filed therein, and the remaining seventeen copies shall be delivered to the clerk of the Supreme Court. If it is to be filed in the Supreme Court, the original must be accompanied by the twenty copies, unless it is an application to the Supreme Court for the hearing of a cause decided by a District Court of Appeal, in which case the party shall deliver to the clerk of said District Court one copy for each justice of said court or the division thereof which and seventeen copies in the Supreme Court. Papers not required to be printed are subject to these provisions if they are, in fact, printed. If not printed, they must be in typewriting, and (except as provided in the next succeeding paragraph) three copies must be filed with the original. A carbon copy must not be used for the original. In civil cases appealed under the provi. sions of sections 953a, 953b and 953c of the Code of Civil Procedure, and in criminal cases appealed under the provisions of sections 1246, 1247, 1247a and 1247b of the Penal Code, the record upon appeal shall be prepared and transmitted to the court to which the appeal is taken, in accordance with said sections; and no further copies of such record shall be required. DISPOSITION OF PAPERS. 7. Copies of all printed papers, points and briefs in any matter appealed must be deposited with the clerk of the court from which the appeal is taken; and the copies so deposited shall, by said clerk, be delivered to the judge who presided at the trial of the cause in the lower court. ORDER EXTENDING TIME. 8. The Chief Justice is authorized in the name of the Supreme Court upon stipulation or satisfactory showing by affidavit to make orders extending time for filing records and briefs; and to make other orders in matters of mere routine. The Chief Justice is also authorized in the name of the court to make orders in state causes extending time to file briefs on application of the Attorney General. The Presiding Justices of the District Courts of Appeal shall have similar authority as to causes pending in their respective courts or divisions. RULE III. There must be endorsed upon the cover of the transcript the name of the county from which the appeal is taken, and also the name of the judge whose decision is presented for review and the names and addresses of the attorneys representing the parties to the appeal. RULE IV. CALENDAR FOR ORAL ARGUMENT. Thirty days before the commencement of a regular session a calendar therefor, including such pending cases as the court deems it expedient to place thereon, shall be prepared. Unless specially advanced by law or order of the court cases shall be placed thereon in the order in which transcripts were filed, provided that the appellant's opening points and authorities are on file. Cases in certiorari shall, after the record is brought up by the return, be subject to the same rules with respect to argument and RULE V. DISMISSAL OF APPEAL. provisions of section 953a of the Code of Civil Procedure, shall be printed on unruled white writing paper, ten inches long by seven 1. If the transcript of the record or ap- inches wide, with a margin on the outer edge pellant's points and authorities be not filed not less than two inches wide. The printed within the time prescribed, the appeal may pages, exclusive of any marginal note or be dismissed on motion, upon notice given. reference, shall be seven inches long and If the transcript, or the points and authori- three and one-half inches wide. The folios, ties, though not filed within the time pre-embracing ten lines each, shall be numbered scribed, be on file at the time such notice from the commencement to the end, and the is given, that fact shall be sufficient answer numbering of the folio shall be printed on to the motion. If the respondent shall not the left margin of the page. Small pica, file his points and authorities within the solid, is the smallest letter and most comtime allowed therefor, the cause may be sub-pact mode of composition allowed. mitted for decision upon the appellant's 2. Transcripts on appeal in civil cases, brief. prepared under section 953a of the Code of 2. If an appeal is attempted to be taken Civil Procedure, and the papers and tranafter the time limited by law, such purported script of the proceedings required in crimiappeal may be dismissed on motion of renal cases, must be typewritten and the paper spondent, supported by certificate or affidavits, or both, as provided in rule VI. RULE VI. and the backs for binding the same must not exceed ten inches in length and eight inches in width. The leaves must be bound together on the left-hand side in volumes of con CERTIFICATE OF CLERK ON MOTION TO DIS- venient size. The papers required to be sent MISS. 1. On motion to dismiss an appeal for a failure to file the transcript within the prescribed time, there shall be presented the certificate of the clerk of the court below, certifying the nature of the action and the relief demanded by the complaint, the amount or character of the judgment or order appealed from, the fact and date of the filing of the notice of appeal, the fact and date of the settlement and filing of the bill of exceptions or the settlement of the transcript prepared under section 953a of the Code of Civil Procedure, if any, and the fact and date of the dismissal, if any, by the trial court of any proceeding for the settlement of a bill of exceptions or transcript. It shall be incumbent on the party moving to dismiss to show by such certificate or by affidavit that no proceeding for a bill of exceptions or transcript under section 953a is pending in the trial court, and if no such proceeding was ever instituted that the time to institute the same has expired. AFFIDAVITS. 2. On motion to dismiss the appeal on any other ground than the failure to file transcript within the prescribed time, the moving papers shall consist of the certificate of the clerk of the court below, as to any of the matters above mentioned, or of affidavits, or both such certificate and affidavits. SERVICE OF MOVING PAPERS. 3. Copies of the moving papers, except the transcript, shall be served with notice of the motion. RULE VII. FORM OF TRANSCRIPT. 1. All transcripts of record, except in criminal cases and civil cases coming under the by the clerk under section 1246 of the Penal Code, and, in civil cases under said section The An index of OF TRANSCRIPT The pleadings, proceedings, and statement shall be chronologically arranged in the transcript, and each transcript shall be prefaced with an alphabetical index, specifying the page of each separate paper, order, or proceeding, and of the testimony of each witness; and the transcript shall have at least one blank fly sheet cover. When the printed briefs contain parts of the record to which it is desired to call the attention of the court, as provided in section 953c of the Code of Civil Procedure, such briefs must be indexed in like manner. The chronological arrangement of the several parts of the transcript, and a strict compliance with the other requirements of this rule, will be exacted, whether objection be made by the opposite party or not; and for any failure or neglect in these particulars, which is found to obstruct the examination of the record, the appeal may be dismissed, or the brief stricken from the files. RULE IX. MAPS. of shall be furnished, as provided in Rule II; and the clerk shall also immediately transmit, by mail or express, copies to the attorneys of the adverse parties, and note such service on the original. POINTS WHERE CLERK PRINTS RECORD. 2. The time for filing points and authorities, in cases where the record is printed by the clerk, shall commence to run from the filing of the printed copy of the tran script. Whenever a map or survey or photograph forms a part of the transcript, it shall not be necessary to furnish more than one copy thereof, which shall accompany the original transcript, and reference thereto shall TRANSFER OF RECORD ON PETITION FOR REbe made in the other copies. RULE X. No transcript, or other paper or document, which fails to conform to the requirements of these rules shall be filed by the clerk. RULE XI. TRANSCRIPT, SERVICE AND CERTIFICATE. Before the printed transcript is filed, a copy thereof shall be served upon the adverse party, and if there be more than one adverse party appearing by different attor neys, upon the attorney of each party so appearing. If a party shall present to the attorney of the adverse party a transcript on appeal, in a civil cause, and request his certificate that the same is correct, and said attorney, upon such request, shall, for a period of five days, neglect or refuse to join in such certificate or, if deemed incorrect, shall neglect or refuse for the same time, to serve upon the party making the request a written statement of the particulars in which the transcript is incorrect, or, upon the presentation of the transcript corrected in the particulars thus specified, shall still neglect or refuse for a period of two days to join in such certificate, the costs of procuring the certificate to such transcript from the clerk of the proper court shall be taxed against the party whose attorney so neglects or refuses. RULE XII. RULE XIII. HEARING. When a petition is filed in the Supreme Court for hearing of a cause decided by a District Court of Appeal, in which the transcript is prepared and filed as prescribed in sections 953a, 953b and 953c of the Code of Civil Procedure, or in a criminal case, the clerk of the Supreme Court shall immediately send notice that such petition has been filed to the clerk of the District Court of Appeal in which the case was decided, who shall forthwith transmit to the clerk of the Supreme Court the transcript of the record filed in such case. If the petition is not granted the clerk of the Supreme Court shall return such transcript to the clerk of the proper District Court of Appeal. If it is granted, such transcript shall be filed by the clerk of the Supreme Court. RULE XIV. SUGGESTION OF DIMINUTION OF RECORD. For the purpose of correcting any error or defect in the transcript, either party may suggest the same in writing, and upon notice and good cause shown, obtain such order as may be proper. RULE XV. EXCEPTIONS TO TRANSCRIPT. Exceptions or objections to the transcript, statement, the notice of appeal, or any technical exception or objection, to the record in civil cases, affecting the right of the ap pellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken and notified to the appellant, in writing, at least five days before the hearing, or they will not be regarded; and when so noted, it shall be the duty of the appellant to present and file at the hearing of the cause such additional record, certificate, or other matter, if such there be, to remove or an 1. The written transcript, in civil cases, duly authenticated, together with sufficient funds to pay the expenses of printing the same, may be transmitted to the clerk of the court to which the appeal is taken. The clerk, upon the receipt thereof, shall file the same and cause the transcript to be printed, and to a printed copy shall annex his certificate that the said printed transcript is a full and correct copy of the transcript fur-swer the objection or exception so taken: otherwise such objection or exception, if nished to him by the party; and said certificate shall be prima facie evidence that well taken, shall prevail. the same is correct. The said printed copy so certified shall also be filed, and constitute the record of the cause in said court, subject to be corrected by reference to the writ RULE XVI. SUGGESTION OF DEATH OF PARTY. ten transcript on file. Printed copies there-party, pending an appeal, his representative Cal.) shall be substituted in the suit, by proper proceedings for that purpose in the trial court. Upon suggestion thereof and the presentation of a certified copy of the order of substitution made by the trial court, a like order of substitution will be made in the court in which the case is pending on appeal, and the cause shall proceed as in oth er cases. RULE XVII. Criminal causes shall be placed at the head of the calendar, and shall be followed by such other causes as are preferred by law. Other causes shall be arranged on the calendar of the respective courts, as the Chief Justice of the Supreme Court, or the Presiding Justice of the District Court of Appeal, or the division thereof in which the cause is pending, respectively, may direct. RULE XVIII. PRINTING OF POINTS, ETC. In all cases where a paper or document is required by these rules to be printed, it shall be 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 XIX. ORAL ARGUMENT. No more than one counsel upon a side will be heard upon the oral argument, except when otherwise ordered; but each defendant, or intervener, who appeared separately in the court below may be heard through his own counsel, unless the court otherwise order. The counsel for each party shall be allowed only one hour, unless an extension of time is ordered before the argument begins. RULE XX. REGULAR SESSIONS-MOTIONS-TIME OF sion, and Division One of each District Court of Appeal having two divisions, shall be in session on the fourth Monday in each month at ten o'clock a. m., and Division Two of each District Court of Appeal having two divisions shall be in session on the second Monday in each month at ten o'clock a. m. 3. In all cases where notice of a motion is necessary, unless for good cause shown, the time is shortened by the court, or by the Chief Justice thereof, the notice shall be ten days. In all cases in which the judgment or order appealed from is reversed or modified, and the order of reversal or modification contains no directions as to the costs of appeal, the clerk will enter upon the record, and insert in the remittitur, a judgment that the appellant recover the costs of appeal. In all cases in which the judgment or order appealed from is affirmed, the clerk will enter upon the record, and insert in the remittitur, a judgment that the respondent recover the costs of appeal. RULE XXIV. DISMISSAL OF APPEAL ON STIPULATION. 1. For the purpose of hearing motions of An appeal may be dismissed by the court which notice is required to be given, the Supreme Court will be in session at Sanat any time, upon and in accordance with Francisco on the first Monday of each month at ten o'clock a. m. Motions may also be presented and submitted on the first day of each regular session of said court at Sacramento and Los Angeles. 2. Each District Court of Appeal or division thereof shall be in session for the hearing of causes at such times and for such periods as said court or division may, by order, direct. Each of said courts and divisions shall, by general order, provide for a regular session for such purpose to be held at least once in each quarter. For the purpose of hearing motions a District Court of Appeal having only one divi Where the written stipulation of the attorneys of record of the respective parties. there is no transcript on file, such stipulation shall be accompanied by a certificate of the clerk of the court below, showing the names of the attorneys of the respective parties, the character of the action, including the relief asked by the complaint, and the date and character of the judgment or order appealed from, and the fact and date of the filing of the notice of appeal. RULE XXV. INSPECTION OF ORIGINAL PAPERS. When the inspection of an original paper, which was offered in evidence in the court below, is shown to be necessary to a cor-, office, or resigns, any unsettled bill of exrect decision of the appeal, the court may ceptions, or uncertified record under section order the clerk of the court below to trans- 953a et seq., of the Code of Civil Procedure, mit such original paper, if in his possession, may be settled and certified by his succesto the clerk of the court; and if such paper sor in office; or, if he be disqualified, by a be in the possession of a party to the action, judge of the same or an adjoining county. he may produce the same on the hearing of And when the judge before whom an action the same, or he may, upon motion and notice was tried becomes disqualified, or is absent of the adverse party, be required to produce from the state, such bill of exceptions or such paper on the hearing of the cause; and record may be settled and certified before a in default thereof, the court will intend the judge of the same or an adjoining county. paper to be, in all respects, as alleged by the opposite party. RULE XXVI. RULE XXVIII. REHEARINGS AND OPINIONS. 1. All orders of the Supreme Court grant REASONS FOR ORIGINAL APPLICATION TO THE ing rehearings, or for hearing in bank caus COURT TO BE STATED. 1. When any application is made to the Supreme Court, or a District Court of Appeal, for a writ of mandamus, certiorari, prohibition, procedendo or for any prerogative writ to be issued in the exercise of its original jurisdiction and such application might have been lawfully made to a lower court in the first instance, the affidavit, or petition, in addition to the necessary matter requisite by the rules of law to support the application, shall also set forth the circumstances which, in the opinion of the applicant, render it proper that the writ should issue originally from the appellate court to which such application is made, and not from such lower court. In case any court, judge, or other officer, or any board, or other tribunal in the discharge of duties of a public character be named in the application as respondent, the affidavit or petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings. MEMORANDUM OF AUTHORITIES. 2. All ex parte applications for the issuance of writs in the exercise of original jurisdiction shall be typewritten or printed, and filed with the clerk of the court to which such application is made, and the same shall be accompanied by a memorandum of points and authorities in support of the application. RETURN AND ISSUANCE OF WRIT. 3. Upon the return day of the alternative writ the respondent may make return, either by demurrer or by answer, or by both. If the return be by demurrer alone, and the demurrer is not sustained, the writ may be ordered to issue without leave to answer es decided in departments, or for hearing in the Supreme Court after decision in a District Court of Appeal, shall be signed by the members of the court assenting thereto, and filed with the clerk. OPINIONS WITHIN NINETY DAYS AFTER 2. Every opinion of the Supreme Court which shall have received the assent of a sufficient number of the members of the court to order the judgment therein directed, shall be filed within ninety days after the submission of the cause in which such opinion is written. FILING OF OPINIONS. 3. Opinions of the Supreme Court will be kept in the office of the clerk in San Francisco. If the opinion is in a case submitted in another district, a certified copy thereof shall immediately be transmitted to the clerk's office of such district, and there kept on file. RULE XXIX. AUTHENTICATION OF PAPERS. In all cases of appeal from the orders of the superior courts, the papers and evidence used or taken on the hearing of the motion must be authenticated by incorporating the same in a bill of exceptions, except where another mode of authentication is provided by law. RULE XXX. APPLICATIONS FOR HEARING. 1. Applications for a rehearing of a cause by the court rendering the judgment therein must be filed and a copy served on the adverse party, within twenty days after the judgment is pronounced. The adverse party may file an answer thereto not less than two days before the expiration of the time within which the rehearing can be granted. 2. The submission of a cause to a departSETTLEMENT OF BILLS OF EXCEPTIONS ON ment of the Supreme Court without oral over. RULE XXVII. DEATH OF JUDGE. When the judge before whom an action argument shall be deemed to be a waiver of an oral argument of the same in bank, |