RULE FIFTH.

Each transcript shall be prefaced with or have annexed an alphabetical index to its contents, specifying the page of each separate paper. order or proceeding, and of the testimony of each witness, and shall have blank or fly-sheet covers.

RULE SIXTH.

The transcript shall be fastened together on the left side of the pages, so that the same may be secured and every part conveniently read.

RULE SEVENTH.

The transcript, if not printed, shall be written on a caligraph, or typewriter, and each paper or order shall be separately inserted. This rule shall take effect on and after September 1, 1886.

RULE EIGHTH.

The party filing the transcript may, if he so desire, have the same printed, but the expense of printing shall not be allowed or taxed as costs.

RULE NINTH.

No transcript which fails to conform to the requirements of these rules shall be filed by the clerk.

RULE TENTH.

The transcript, on appeal from a final judgment, shali contain copies of the notice of appeal; the undertaking executed by appellant on the appeal; the pleadings on which are formed the issues tried in the cause; the statement, if there be one, and such other parts of the judgment roll as are necessary to present or explain the points relied on and no

more.

On appeal from a judgment rendered on an appeal or from an order, the transcript shall contain copies of the notice of appeal, the undertaking or undertakings filed by appellant, the judgment or order appealed from, and of the papers used on the hearing in the court.

RULE ELEVENTH.

The appellant shall be charged with the duty of having the transcript perfected in accordance with the statute and these rules: Provided, that if it shall appear to the satisfaction of the court that the appellant has filed his præcipe in time with the clerk of the court below, directing the preparation of the transcript and specifying what portions of

the record the same shall contain, then, in case the transcript shall be imperfect and shall not conform to the requirements of the præcipe, and sufficient reason for such non-conformity does not appear, the appeal shall not be dismissed, and on motion of the appellant a rule shall be entered upon the clerk below to correct the transcript within such time as may be allowed by the court below.

RULE TWELFTH.

For the purpose of correcting any error or defect in the transcript, 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 alleged error or defect.

RULE THIRTEENTH.

Proof of service of notice of appeal on the respondent may be made by affidavit, and in all cases proof of service of such notice or waiver thereof shall be filed in this court five days at least before the commencement of the term to which the appeal is taken.

RULE FOURTEENTH.

Exceptions to the transcript, statement, undertaking on appeal, notice of appeal, or to its service, or proof of service, or any technical objection to the record affecting the right of the appellant to be heard on the errors assigned, must be taken at least one day before the day on which the cause may be set down for hearing, and must be noted in writing and filed at least one day before the argument, unless the appellant otherwise consent; but in all cases such objection must be presented to the court before the argument on the merits.

RULE FIFTEENTH.

Upon the death or disability of a party, or transfer of his interest in the suit, pending an appeal, such fact shall be suggested in writing to the court, and if the cause of action survive or continue, upon motion of the legal or personal representative of such party, or of any party to the record, an order shall be made substituting such representative in the cause, and the same shall proceed as in other cases.

RULE SIXTEENTH.

The calendar of each term of this court shall consist only of those causes in which the transcript shall have been filed in this court five days before the commencement of the term, unless by written consent

of the parties: Provided, that all cases in which the appeal is perfected, as provided in rule first, and the transcript is not filed five days before the first day of the term, may be placed on the calendar, on motion of the respondent, upon the filing of the transcript during the first week of the term.

RULE SEVENTEENTH.

In all civil cases the briefs and arguments of counsel shall be printed and bound in pamphlet form; and when briefs or arguments are filed, one copy shall be delivered to the adverse party, one to each of the justices, and one to the reporter. This rule shall take effect on and after the 1st day of September, 1886.

RULE EIGHTEENTH.

The appellant shall file with the transcript a brief of his points and authorities, and within one day after such filing shall serve a copy of such brief upon respondent's counsel. Such service shall be made by delivering such copy to respondent's counsel personally, or by leaving the same in his office with some person in charge thereof, or in a conspicuous place, or by mailing the same to such counsel at his usual or last place of residence. If respondent has no counsel, the same may be made in like manner upon the respondent himself. The respondent shall, at least three days prior to the day upon which the cause is assigned for hearing, file with the clerk a brief of his points and authorities, and serve a copy of the same upon appellant's counsel; such service to be made in the same manner as above provided for service of copy of appellant's brief. In case either party fails to furnish to the opposite party the copies of briefs required by this rule, within the time above specified, he shall be deemed to have waived his right to argue the case orally, except by consent of the opposite counsel and of the court. No brief, not filed in accordance with this rule, will be considered by the court, except after at least one day's notice to the opposite party of the filing of the same, which shall only be allowed by leave of the court; and if such brief is so allowed to be filed, the opposite party shall have such time as may be allowed by the court to file his reply thereto. References in the briefs to matters in the transcript shall be referred to by page and line, and shown by marginal notes on the brief.

RULE NINETEENTH.

When briefs or arguments are filed, one copy shall be delivered to the adverse party, one to each of the justices, and one to the reporter.

RULE TWENTIETH.

No more than two counsel will be heard upon a side, and not over one and a half hours on a side for argument will be allowed, unless

permission be asked and allowed before the arguments commence. When permitted by the court, arguments on motions are limited to fifteen minutes on a side unless an extension of the argument is requested by the court.

RULE TWENTY-FIRST.

The records and reports must, in all cases, show whether a decision was made by a full bench, and which of the judges, if either, dissented therefrom.

RULE TWENTY-SECOND.

When the court takes a case under advisement it shall file its opinion at or before the next term thereafter.

RULE TWENTY-THIRD.

In any case, if the court is satisfied from the record that the appeal was taken for delay, such damages shall be awarded as may, under the circumstances, be proper, and as shall tend to prevent the taking of appeals for delay.

RULE TWENTY-FOURTH.

Appeals in criminal cases shall take precedence of all other business.

RULE TWENTY-FIFTH.

When a judgment of the supreme court is rendered, such judgment and the opinion, when finally corrected, must be recorded, and a certified copy of the judgment, with proper instructions, must be forthwith remitted to the clerk of the district court in which the judgment appealed from was rendered, and a copy of the opinion shall be remitted upon application of either party, and payment of the costs thereof within ten days after the close of the term at which such opinion was filed.

RULE TWENTY-SIXTH.

In case any justice of this court, while holding a district court, shall refuse to allow an exception or to certify to a statement in accordance with facts, upon presentation to this court, or to any two justices thereof, in vacation, of a petition verified by the affidavit of any person aggrieved thereby, or by the attorney of such person, this court, or such justices thereof, shall, if sufficient reason appear therefor, sign an order granting leave to such person to prove the facts in relation to such exception or statement. Such proof shall be made by deposition taken after three days' notice to the opposite party or his attorney, of the time and place of taking the same, which shall contain a copy of the order granting such leave, and within ten days after the taking of

such depositions shall be concluded the opposite party may, after like notice and in like manner, take depositions of witnesses in relation thereto. Such depositions shall be taken and certified before the same persons and in the same manner, in all respects, as is provided by law in the case of depositions taken within this territory.

RULE TWENTY-SEVENTH.

All motions for rehearing shall be in writing, and filed within three days after the judgment is rendered or order made and the opinion delivered, and during the term at which the judgment or order is rendered or made.

RULE TWENTY-EIGHTH.

No transcript or paper filed in a cause shall be taken from the court room or clerk's office except by written order of the court or one of the justices.

RULE TWENTY-NINTH.

The party filing the transcript shall be primarily liable for costs, and at the time of the filing shall pay to the clerk $25, which shall be applied to the payment of fees. In no civil case shall the clerk be required to remit the final papers until the costs accrued in this court are paid.

RULE THIRTIETH.

Upon the receipt by the clerk of this court of a mandate from the supreme court of the United States in any case at law or in equity, theretofore taken from this court by writ of error or appeal to said supreme court, it shall be the duty of said clerk forthwith to issue under his hand and the seal of this court a remittitur to the district court of the district and county in which the judgment was rendered, commanding such court to take such action in the premises as by the mandate shall be proper, and the said remittitur shall also contain therein a recital in hæc verba of the said mandate, and all the costs subsequent to the appeal from said district court shall be taxed in such remittitur.

RULE THIRTY-FIRST.

When a judgment or order from which an appeal is taken is reversed, the remittitur shall be accompanied by a certified copy of the written opinion of this court in the case.

RULE THIRTY-SECOND.

Unless made a part of the record in the court below by a bill of exceptions, or unless, upon an inspection of the judgment roll, some question of error arises upon the formal parts of pleadings, motions