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RULE IX.

2. To Serve Cost Bill, When-Either party | one day before the argument, or they will desiring to recover as costs his expenses for not be regarded. printing or typewriting in any cause in this court, shall within five days after the decision of the cause, file with the clerk and serve upon the opposite party a verified cost bill, setting forth or stating the actual cost of such printing or typewriting, and no greater amount than such actual cost shall be taxed as costs.

3. Mode of Objecting to Costs-If either party desires to object to the costs claimed by the opposite party, he shall, within ten days after the service upon him of a copy of the cost bill, file with the clerk and serve his objections. Said objections shall be heard and settled and the costs taxed by the clerk. An appeal may be taken from the decision of the clerk, either by written notice of five days, or orally and instanter, to the justices of this court, and the decision of such justices shall be final. If there be no objections to the costs claimed by the party entitled thereto, they shall be taxed as claimed in his cost bill.

4. Indorsed upon Remittitur-In all cases where a remittitur or other final order is sent to a district court or other inferior tribunal, the costs of the party entitled thereto as taxed by the clerk shall be indorsed upon such remittitur or order, and shall be collected as other costs in such district court, or other inferior court or tribunal, and shall not be subject to retaxation in such district court or other tribunal. (As amended, October 25, 1911.)

RULE VII.

To Correct Error in Transcript-For the purpose of correcting any error or defect in the transcript from the court below, either party may suggest the same, in writing, to this court, and, upon good cause shown, obtain an order that the proper clerk certify to the whole or part of the record as may be required, or may produce the same, duly certified, without such order. If the attorney of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion, except when a certified copy is produced at the time, must be accom

Substitution in Case of Death-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 any party on the record. Upon the entry of such suggestion, an order of substitution shall be made and the cause shall proceed as in other cases.

RULE X.

1. Calendar to Consist of-Upon MotionThe calendar of each term shall consist only of those cases in which the transcript shall have been filed on or before the first day of the term, unless by written consent of the parties; provided, that all cases, both civil and criminal, in which the appeal has been perfected and the statement settled, as provided in rule II, and the transcript has not been filed before the first day of the term, may be placed on the calendar, on motion of either party, after ten days' written notice of such motion, and upon filing the transcript.

2. Causes shall be placed on the calendar in the order in which the transcripts are filed by the clerk.

3. The calendar shall be called on the first day of each term and cases set for oral argument upon a day certain, upon request of counsel upon either side of the case, or upon stipulation, subject to the approval of the court. Requests for settings may be made by counsel in open court or by written communication addressed to the clerk. Upon stipulation of counsel, subject to the approval of the court, cases may be submitted on briefs filed without oral argument. Where no request is made by stipulation or otherwise for the setting of a case, the same may be passed or be set by the court of its own motion. (As amended, October 25, 1911.)

RULE XI.

1. Time for Appellant to Serve Briefpanied by an affidavit showing the existence filing of the transcript on appeal in any case, Respondent-Within fifteen days after the

of the error or defect alleged.

RULE VIII.

the appellant shall file and serve his points and authorities or brief; and within fifteen days after the service of appellant's points and authorities or brief, respondent shall file and serve his points and authorities or brief; and within fifteen days thereafter, appellant shall file and serve his points and authorities or brief in reply, after which the case may be argued orally.

Exceptions-Diminution of Record-Exceptions or objections to the transcript, statement, the undertaking on appeal, notice of appeal or to its service or proof of service, or any technical exception or objection to the record affecting the right of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken at the first term after the transcript is filed, and 3. Oral Argument-The oral argument must be noted in the written or the printed may, in the discretion of the court, be limit

2. The points and authorities shall contain such brief statement of the facts as may be necessary to explain the points made.

authorities or briefs filed, and a failure by either party to file points and authorities or briefs under the provisions of this rule and within the time herein provided, shall be deemed a waiver by such party of the right to orally argue the case, and such party shall not recover cost for printing or typewriting any brief or points and authorities in the case. Counsel shall not read from decisions nor argue more than one hour on each side without permission of the court.

4. No more than two counsel on a side will be heard upon the oral argument, except

by special permission of the court, but each defendant who has appeared separately in the court below may be heard through his own counsel.

5. Optional in Criminal Cases-In criminal cases it is left optional with counsel either to file written, printed, or typewritten points and authorities or briefs.

6. When Submitted-When the oral argument is concluded, the case shall be submitted for the decision of the court.

7. Stipulation as to Time-The times herein provided for may be shortened or extended by stipulation of parties or order of court, or a justice thereof. (As amended, October 25, 1911.)

RULE XII.

Printing and Paper to be Uniform-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 XIII.

Number of Copies to be Filed-Besides the original, there shall be filed five copies of all printed transcripts, briefs, and points and authorities, which copies shall be distributed by the clerk. (As amended, October 25, 1911.)

RULE XIV.

Opinions Recorded-All opinions delivered by the court, after having been finally corrected, shall be recorded by the clerk.

RULE XV.

Rehearing-Remittitur to Issue; WhenTime may be Shortened or Extended-All motions for a rehearing shall be upon petition in writing, and filed with the clerk within fifteen days after the final judgment is rendered, or order made by the court, and publication of its opinion and decision. Personal service or service by mail upon counsel of a copy of the opinion and decision shall be deemed the equivalent of publication. The party moving for a rehearing shall serve a copy of the petition upon opposing counsel, who within ten days thereafter may file a reply to the petition, and no other argument shall be heard thereon.

No remittitur or mandate to the court below shall be issued until the expiration of the fifteen days herein provided, and decisions upon the petition, except upon special order. The times herein provided for may be shortened or extended, for good cause shown, by order of court.

RULE XVI.

Opinion To be Transmitted-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 XVII.

No Paper to be Taken Without Order— No paper shall be taken from the court room or 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 XVIII.

Writ of Error, or Certiorari-No writ of error or certiorari shall be issued, except upon order of the court, upon petition, showing a proper case for issuing the same.

RULE XIX.

Writ of Error to Operate as SupersedeasWhere a writ of error is issued, upon 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 XX.

When Returnable-The writ of error shall be returnable within thirty days, unless otherwise specially directed.

RULE XXI,

To Apply-The rules and practice of this court respecting appeals shall apply, so far as the same may be applicable, to proceedings upon a writ of error.

RULE XXII.

Time Concerning Writ-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 XXIII.

Concerning Change of Venue-Additional Notice Given-Appeals from orders granting or denying a change of venue, or any other interlocutory order made before trial, will be heard at any regular or adjourned term, upon three days' notice being given by either appellant or respondent, when the parties

When be printed, but, if printed, all the rules concerning the same shall still apply thereto.

live within twenty miles of Carson. the party served resides more than twenty miles from Carson, an additional day's notice will be required for each fifty miles, or fraction of fifty miles, from Carson.

RULE XXIV.

Notice of Motion-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, the notice shall be five days.

RULE XXV.

1. Transcripts may be Typewritten-To be Bound in Boards with Flexible Backs—All transcripts of the record in any action or proceeding may be typewritten. The typewriting shall be the first impression, clearly and legibly done, with best quality of black ink, in type not smaller than small pica, upon a good quality of typewriting paper, thirteen inches long by eight inches wide, bound in boards with flexible backs, in volumes of a size suitable for convenient handling and ready reference, and arranged and indexed as required by the rules of this court. When so typewritten such transcript, in the discretion of the party appealing, need not

2. Briefs may be Typewritten-Briefs and points and authorities, instead of being printed, may be typewritten upon the same paper and in the same style and form as is prescribed for typewritten transcripts.

3. Copy to be Served-Two Copies to be Filed-When so typewritten, but one copy of such transcript need be filed in the case; but a copy thereof shall be served upon the opposite party. Two copies of the briefs and points and authorities-viz., the first impression and a copy thereof-shall be filed with the clerk, and a copy shall be served upon each opposite party who appeared separately in the court below. (As amended, October 25, 1911.)

RULE XXVI.

Payment of Advance Fee Required-Clerk Prohibited from Filing-No transcript or original record shall be filed or cause registered, docketed, or entered until an advance fee of twenty-five dollars is paid into the clerk's office, to pay accruing costs of suit. The clerk of the court is prohibited from filing or registering any record without first having received as a deposit the aforesaid fee.

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City of Goodland, Hartzler v. (Kan.).

265 Desmont, Navajo-Apache Bank & Trust

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