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JOHN R. McFIE. (1st Dist.) F. W. PARKER. (3d Dist.)
J. W.CRUMPACKER. (2d Dist) DANIEL H. MCMILLAN. (5th Dist.)

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AMENDMENTS TO RULES.

SUPREME COURT OF MONTANA.1

The court now here orders that: Rule II. | advance the cause or appoint a time for the of the rules of this court be and is amended hearing; but if no such motion be interposed, by adding thereto the following additional subdivisions, to wit:

"3. Applications for writs of review shall set out copies of the judgments or orders sought to be annulled or modified.

"4. In all proceedings and actions commenced in this court originally the plaintiff shall file his application with the clerk of this court prior to its presentation.

"5. In all proceedings and actions commenced in this court originally, each party shall file with the clerk of this court, at or before the time set for final hearing, seven copies of the brief of his argument, containing a recital of the facts and exhibiting a clear statement and orderly arrangement of the points of law to be discussed and the authorities relied upon in support of each point. Said brief shall be printed in conformity to the requirements of subdivision 1 of Rule X. of this court, unless, upon application and for good cause shown, the court order otherwise. A failure to comply with the requirements of this subdivision may result in a dismissal of the proceedings or action, or a refusal to hear the party in default.

"6. Unless otherwise ordered, the hearing of an original proceeding or action will not be had on the return day. After issue joined, the court will, on motion of either party,

1 For rules as originally adopted, see 57 Pac. V., viii.

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the cause will stand for hearing in its chronological order.

"7. Applications to this court for writs or orders must be presented by the parties in person, or by counsel, and in open court; under no circumstances will the court entertain such applications when made through the medium of the clerk: Provided, always, that motions to advance, to reinstate, to dismiss, to affirm, to modify, to strike out, to tax or to allow costs, to quash, for rehearings, to correct the transcript, motions based upon suggestions of diminution of the record, motions for substitution of parties, and motions touching the time of filing or serving briefs, may be presented by filing the same with the clerk, and will be considered in regular order."

It is further ordered that the rules of this court be and are amended by the addition thereto of a rule designated as Rule XVIIIa, as follows:

"Rule XVIIIa.-JUDGMENT BOOK.

"The clerk of the court shall keep a book to be known as the Judgment Book, in which he shall enter at large all judgments hereafter rendered in actions and proceedings originally instituted in this court."

These rules shall be in force on and after the first day of December, 1900. Promulgated October 23, 1900.

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Page

Bonelli v. Jones (Nev.)...

Bonney, Littell v. (Wash.).

Borchard v. Eastwood (Cal.)
Borin v. Johnson (Kan. Sup.).

374 Chase v. Cameron (Cal.)..

Page

460

640 Cheney v. Crandell (Colo. Sup.).

56

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Cloud, Cowing v. (Colo. App.).

417

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