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ALLOTMENT OF THE JUSTICES
SUPREME COURT OF THE UNITED STATES.
APRIL 3, 1882.
FIRST CIRCUIT. Comprising Maine, New Hampshire, Massachusetts, and Rhode Island. JUSTICE HORACE GRAY, of Massachusetts. Appointed December 20, 1881, by President Arthur.
SECOND CIRCUIT. Comprising New York, Vermont, and Connecticut. JUSTICE SAMUEL BLATCHFORD, of New York. Appointed March 27, 1882, by President Arthur.
THIRD CIRCUIT. Comprising Pennsylvania, New Jersey, and Delaware. JUSTICE J. P. BRADLEY, of New Jersey. Appointed March 21, 1870, by President Grant.
FOURTH CIRCUIT. Comprising Maryland, Virginia, West Virginia, North Carolina, and
South Carolina. CHIEF JUSTICE M. R. WAITE, of Ohio. Appointed January 21, 1874, by President Grant.
FIFTH CIRCUIT. Comprising Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. JUSTICE WILLIAM B. WOODS, of Georgia. Appointed December 21, 1880, by President Hayes.
SIXTH CIRCUIT. Comprising Ohio, Michigan, Kentucky, and Tennessee. JUSTICE STANLEY MATTHEWS, of Ohio. Appointed May 12, 1881, by President Garfield.
Comprising Indiana, Illinois, qnd Wisconsin. JUSTICE J. M. HARLAN, of Kentucky. Appointed November 29, 1877, by President Hayes.
EIGHTH CIRCUIT. Comprising Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska, and
Colorado. JUSTICE S. F. MILLER, of Iowa. Appointed July 16, 1862, by President Lincoln
Comprising California, Oregon, and Nevada. JUSTICE S. J. FIELD, of California. Appointed March 10, 1863, by President Lincoln.
SUPREME COURT OF THE UNITED STATES.
ADOPTED JANUARY 7, 1884.1
CLERK. 1. The clerk of this court shall reside and keep the office at the seat of the national government, and he shall not practice, either as attorney or counselor, in this court, or in any other court, while he shall continue to be clerk of this court.
2. The clerk shall not permit any original record or paper to be taken from the court-room, or from the office, without an order from the court, except as provided by rule 10.
ATTORNEYS AND COUNSELORS. 1. It shall be requisite to the admission of attorneys or counselors to practice in this court that they shall have been such for three years past in the supreme courts of the states to which they respectively belong, and that their private and professional character shall appear to be fair.
2. They shall respectively take and subscribe the following oath or affirmation, viz.:
-, do solemnly swear for affirm that I will demean myself, as an attorney and counselor of this court, uprightly, and according to law; and that I will support the constitution of the United States.
PRACTICE. This court considers the former practice of the courts of king's bench and of chancery, in England, as affording outlines for the practice of this court; and will from time to time make such alterations therein as circumstances may render necessary.
BILL OF EXCEPTIONS. The judges of the circuit and district courts shall not allow any bill of exceptions which shall contain the charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge.
See Index to Rules, post, p. xix.
But the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court.
PROCESS. 1. All process of this court shall be in the name of the president of the United States.
2. When process at common law or in equity shall issue against a state, the same shall be served on the governor, or chief executive magistrate, and attorney general of such state.
3. Process of subpæna, issuing out of this court, in any suit in equity, shall be served on the defendant 60 days before the return-day of the said process; and if the defendant, on such service of the subpæna, shall not appear at the return-day, the complainant shall be at liberty to proceed ex parte.
MOTIONS. 1. All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion.
2. One hour on each side shall be allowed to the argument of a motion, and no more, without special leave of the court, granted before the argument begins.
3. No motion to dismiss, except on special assignment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party.
4. All motions to dismiss writs of error and appeals, except motions to docket and dismiss under rule 9, must be submitted, in the first instance, on printed briefs or arguments. If the court desires further argument on that subject, it will be ordered in connection with the hearing on the merits. The party moving to dismiss shall serve notice of the motion, with a copy of his brief or argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before the time fixed for submitting the motion, in all cases except where the counsel to be notified resides west of the Rocky mountains, in which case the notice shall be at least 30 days. Affidavits of the deposit in the mail of the notice and brief to the proper address of the counsel to be served, duly post-paid, at such time as to reach him by due course of mail, the three weeks or 30 days before the time fixed by the notice, will be regarded as prima facie evidence of service on counsel who reside without the District of Columbia. On proof of such service, the motion will be considered, unless, for satisfactory reasons, further time be given by the court to either party.
5. There may be united, with a motion to dismiss a writ of error or an appeal, a motion to affirm on the ground that, although the record may show that this court has jurisdiction, it is manifest the writ or appeal was taken for delay only, or that the question on which the jurisdiction depends is so frivolous as not to need further argument.
6. The court will not hear arguments on Saturday, (unless for special cause it shall order to the contrary,) but will devote that day to the other business of the court. The motion-day shall be Monday of each week; and motions not required by the rules of the court to be put on the docket shall be entitled to preference immediately after the reading of opinions, if such motions shall be made before the court shall have entered upon the hearing of a case upon the docket.
LAW LIBRARY. 1. During the session of the court, any gentleman of the bar having a case on the docket, and wishing to use any book or books in the law library, shall be at liberty, upon application to the clerk of the court, to receive an order to take the same (not exceeding at any one time three) from the library, he being thereby responsible for the due return of the same within a reasonable time, or when required by the clerk. It shall be the duty of the clerk to keep, in a book for that purpose, a record of all books so delivered, which are to be charged against the party receiving the same. And in case the same shall not be so returned, the party receiving the same shall be responsible for and forfeit and pay twice the value thereof, and also one dollar per day for each day's detention beyond the limited time.
2. The clerk shall deposit in the law library, to be there carefully preserved, one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs, or arguments filed therein.
3. The marshal shall take charge of the books of the court, together with such of the duplicate law-books as congress may direct to be transferred to the court, and arrange them in the conference room, which he shall have fitted up in a proper manner; and he shall not permit such books to be taken therefrom by any one except the justices of the court.
Rule 8. WRIT OF ERROR, RETURN, AND RECORD. 1. The clerk of the court to which any writ of error may be directed shall make return of the same, by transmitting a true copy of the record, and of the assignment of errors, and of all proceedings in the case, under his hand and the seal of the court.
2. In all cases brought to this court, by writ of error or appeal, to review any judgment or decree, the clerk of the court by which such judgment or decree was rendered shall annex to and transmit with the record a copy of the opinion or opinions filed in the case.
3. No case will be heard until a complete record, containing, in itself, and not by reference, all the papers, exhibits, depositions, and other proceedings, which are necessary to the hearing in this court, shall be filed.
4. Whenever it shall be necessary or proper, in the opinion of the presiding judge in any circuit court, or district court exercising circuit court jurisdiction, that original papers of any kind should be inspected in this court upon writ of error or appeal, such presiding judge may make such rule or order for the safe keeping, transporting, and return of such original papers as to him may seem proper; and this court will receive and consider such original papers in connection with the transcript of the proceedings.
5. In cases where final judgment is rendered more than 30 days before the first day of the next term of this court, the writ of error and citation, if taken before, must be returnable on the first day of said term, and be served before that day; but in cases where the judgment is rendered less than 30 days before the first day, the writ of error and citation may be made returnable on the third Monday of the said term, and be served before that day.
6. The record in cases of admiralty and maritime jurisdiction, when under the requirements of law the facts have been found in the court helow, and the power of review is limited to the determination of questions of law arising on the record, shall be confined to the pleadings, the findings of fact, and conclusions of law thereon, the bills of exceptions, the final judgment or decree, and such interlocutory orders and decrees as may be necessary to a proper review of the case.
DOCKETING CASES. 1. In all cases where a writ of error or an appeal shall be brought to this court from any judgment or decree rendered 30 days before the coininencement of the term, it shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court within the first six days of the term; and if the writ of error or appeal shall be brought from a judgment or decree rendered less than 30 days before the cominencement of the term, it shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court within the first 30 days of the term; and if the plaintiff in error or appellant shall fail to comply with this rule, the defendant in error or appellee may have the case docketed and dismissed, upon producing a certificate from the clerk of the court wherein the judgment or decree was rendered, stating the case, and certifying that such writ of error or appeal has been duly sued out and allowed. And in no case shall the plaintiff in error or appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court.
2. But the defendant in error or appellee may, at his option, docket the case and file a copy of the record with the clerk of the court; and if the case is docketed and a copy of the record filed with the clerk of this court by the plaintiff in error or appellant within the periods of time above limited and prescribed by this rule, or by the defendant in error or appellee at any time thereafter during the term, the case shall stand for argument at the term.
3. Upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the party docketing the case shall be entered.
4. In all cases where the period of 30 days is mentioned in this rule, it shall be extended to 60 days in writs of error and appeals from California, Oregon, Nevada, Washington, New Mexico, Utah, Arizona, Montana, and Idaho.
PRINTING RECORDS. 1. In all cases the plaintiff in error or appellant, on docketing a case and filing the record, shall enter into an undertaking to the clerk, with surety to bis satisfaction, for the payment of his fees, or otherwise satisfy him in that behalf.
2. The clerk shall cause an estimate to be made of the cost of printing the record, and of his fee for preparing it for the printer and supervising the printing, and shall notify to the party docketing the case the amount of the estimate. If he shall not pay it within a reasonable time, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, and for want of such payment the record shall not have been printed when a case is reached in the regular call of the docket, after March 1, 1884, the case shall be dismissed.
3. Upon payment by either party of the amount estimated by the clerk, 25 copies of the record shall be printed, under his supervision, for the use of the court and of counsel.