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14. Notice shall be given of all motions upon the attorneys, or the giving of no. except such as are filed in open court, on tice by publication, be deemed submitted, the call of the docket, and except motions unless, for cause shown, as hereinafter profor a certiorari made prior to the submis- vided, no order of submission is inade. sion of the cause. The notico shall state The clerk shall make an entry showing the general character of the motion and date of submission in all cases where the time appointed for hearing it. If the causes are submitted under the provisions motion cannot be considered on the day of this rule. appointed, it will be taken up as soon after- Proof of potice may be made by the rewards as inay be convenient. If the mo. turn of the proper officer, or by affidavit, tion is not well taken, all costs occasioned or it may be shown by a written agreeby it shall be taxed by the clerk against ment, or by a written acknowledgment of the party making it. At the time appoint- service, in all cases of personal service. ed for bearing, or at such subsequent In cases of notice by publication the affitime as may be convenient, the motion davit of the printer of the newspaper, or will be taken up and decided by the court his agent, shall be evidence of publication. on the papers and briefs filed with the In case the appellee desires to secure the clerk.
submission of a cause under the act of
April 13, 1885, he shall enter an appearSUBMISSION OF CIVIL CAUSES.
ance, and in writing request the clerk to 15. On Wednesday of the first week of issue notice to the appellant of the request each term the ducket will be called for the to submit. The notice to submit may be submission of causes, or other steps to be served upon the appellant or upon his attaken therein; and, upon such calls, torneys of record, and may be issued to causes ready for submission may be subo and served by an officer, or it may be mitted by the parties, or either of them. served by a party, his agent or attorney. The docket will not remain longer on call | In case the notice is served by an officer, unless by order of the court. On the call his return shall be evidence of service; if of a cause ready for submission, if the ap- served by a person not an officer, service pellant does not appear, the appellee may, may be proved by affidavit. If the appelat his election, submit the cause or bave lant or his attorney in writing accepts it dismissed.
service of the notice, no other evidence of 16. A cause may be submitted by a writ- service shall be required. The notice of ten agreement, filed with the clerk or in the request to submit shall be issued by dorsed upon the transcript.
the clerk, and shall be made returnable 17. Parties who appeal under the pro- with ten days. After the expiration of visions of the act of April 13, 1885, entitled thirty days from the service of such notice
An act to amend section six hundred and upon the appellant or his attorney, the thirty-nine of an act entitled 'An act con- clerk shall enter an order submitting the cerning proceedings in civil cases,' ap- case, unless for cause shown the court proved April 7, 1881, the same being sec- shall otherwise direct. Return of service tion six hundred and fifty-two of the Re. of notice, or proof of service by affidavit. vised Statutes of 1881," shall file the rec. or by acceptance of service, shall be filed ord of the cause with the clerk of this with the clerk, who shall deposit the nocourt, together with an assignment of tice and evidence of service with the record errors as required by the rules of the court, and papers of the cause. The notice hereand shall, in case the appellees are resi- in provided for shall be deemed the notice dents of this state, cause process to be is required by the last clause of the act of sued by the clerk of this court returnable April 13, 1885, and an appellee shall not be within ten days; but, if the appellees are entitled to submit a cause unless such nonot residents of the state, the appellant tice is given; but when given it shall be shall obtain a form of notice from the clerk all the notice to submit that shall be refor publication wherein a time for the quired. bearing of such cause shall be fixed so as Where the appellee objects to a submisto allow publication to be made for the sion of a cause under the act of April 13, three successive weeks and thirty days to 1885, and files written objections, accomelapse from the time of the last publica- panied by a verified statement that the tion. Such notice shall be deemed com- objections are made in good faith, the clerk plete upon the expiration of thirty days shall not enter a submission, but shall refrom the last publication, and thirty fer the matter to the court, and in such a days from the time the notice is complete cause submission shall not be entered exthe cause shall be deemed ready for sub- (ept upon the order of the court. mission: provided, however, that when When the clerk of this court enters an the appellees have attorneys of record, and order of submission under this rule, he notice bas been served upon them accord- shall mail notice of such submission to ing to law, or when notice has been served one, at least, of the attorneys whose names on resident parties, it shall not be neces- are appended to the assignment of errors, sary to issue summons or notice for publi. and the clerk of this court shall also mail cation.
notice of the entry of submission to the When notice shall have been given by clerk of the court from which the appeal service of summons, or by service of notice upon the attorneys of record of the appel- This rule does not apply to cases sublee, or upon resident parties, or in case mitted on the call of the ducket, but does notice by publication has been given, as apply to cases appealed in term-time, in provided herein, the cause shall, at the so far as to require the clerk to enter an expiration of thirty days from the service of order of submission where such appeals such summons, or the service of notice have been pending for thirty days or more in this court, and to give notice by counsel, and not questioned or ex. thereof.
plained by opposing counsel, it will be
deemed by the court to be accurate. BUBMISSION OF CRIMINAL CASES.
Where objections are urged against plead.
ings, the brief shall state the substance of 18. Criminal cases may be submitted im
the pleading assailed, and specify, with mediately upon filing the transcript and
particularity, the defects which counsel as. notice, and the clerk shall at once enter
sert to exist. In referring to instructious, the proper order of submission, or they
counsel shall specify the number of the in: may be submitted by written agreement.
struction, and give the pages and lines of The state inay be represented either by the
the record where it appears, and shall attorney general or by the prosecuting at succinctly state the substance of the in. torney who prosecuted the case in tbe tri.
struction, the specific objections to it, al court. The appellant shall file a brief
where objections are urged, or, where the within sixty days after submission, or the
instruction is deemed correct, counsel shall clerk shall enter an order dismissing the
succinctly state the propositions upon appeal.
which they assert its accuracy. In disARGUMENTS AND BRIEFS.
cussing questions arising on the admission
or exclusion of evidence, counsel shall re19. Where a cause is submitted on call, fer to the particular testimony, and specby agreement, or upon notice, the appel- ify by pages and lines the part of the reclant shall have sixty days in which tu file ord where it appears, and shall also state a brief, and, if a brief is not filed within specifically the nature of the evidence and the time limited, the clerk shall enter an the objections thereto. order dismissing the appeal, unless the ap- 26. Upon a written application filed with pellee shall have filed with the clerk a writ- the clerk in a submitted cause, the court ten reguest that the cause be passed upon will set it down for oral argument. The by the court. If cross-errors are assigned, argument shall be heard at such time as the party assigning them shall have the may be designated by the court, and it same length of time to file a brief thereon, shall be conducted under such limitations and if a brief is not filed within the time as to time as the court may deem it prop. the cross-errors shall be struck out.
er to impose. The counsel applying for 20. All briefs shall be printed or legibly and obtaining leave to argue a cause oralwritten, otherwise they will be ordered to 15 shall at once notify counsel representing be copied by the clerk of this court, at the the adverse party of the time fixed by the cost of the party filing the same, as pro. court for the argument. vided for by statute.
27. Oral argument shall be limited to 21. The appellee shall file a brief upon sone definite time, not exceeding two the assignment of errors made by the appel. | hours, to be equally divided between the lant within ninety days after the submis- parties, except in cases where counsel shall sion of the cause; but where there is a cross- request and secure, in advance of the arassignment of errors, the appellee shall file gument, a longer time. a brief thereon as hereinbefore provided. 28. Counsel asking for an oral argument If the appellee shall fail to file a brief with- shall state, in the form of concise propoin the time specified, he shall, at the option sitions, properly numbered, the points of the court, be deemed to have waived the wbich they propose to argue, and to each right to file one.
of the propositions shall append the au22. An application for a supersedeas thorities relied upon as supporting it. This must, in all cases, be accompanied by a statement shall be printed or legibly write brief referring to the record by pages and ten; a copy of it shall be mailed or deliv. lines, and pointing out the errors upon ered to opposing counsel at least ten days which the appellant relies.
before the time appointed for the oral ar23. In all cases it shall be the duty of the gument, and a copy shall be filed with the clerk, where briefs are filed, to place the clerk, before the argument, for the use of same with the transcript, and to note the court. If counsel to whom such statethereon the fact and time of filing the ment is mailed or delivered desire to orally same, and the party by whom filed.
argue the cause, they shall mail or deliver 24. Attorneys upon opposite sides will to counsel on the opposite side of the case be required, upon request, to interchange a statement of propositions of like characbriefs. Where supplemental or additional ter within five days after the receipt of the briefs are filed, counsel shall at once fur- statement from the opposite side, and nish the adverse counsel with a copy. shall also file a copy with the clerk for the
25. The fact that an oral argumentis ob- use of the court. The oral argument shall tained shall not dispense with the filing of be confined to the discussion of the propobriefs, but briefs shall be filed in all cases, sitions and authorities contained in the and they shall refer hy page and line to statement. The propositions shall be the transcript wherever necessary to a full briefly stated, and they shall not be disunderstanding of the questions discussed. cussed in the statement of points required They shall state concisely the propositions by this rule, nor shall counsel read from relied on, and they shall also give the ti. written or printed briefs in discussing the tles of cases cited, together with the vol. | the propositions stated. The failure to ume and pages of the Reports where they notice or discuss in the oral argument are found. When necessary to clearly pre- points properly made in the briefs shall sent the questions involved, the briefs shall not be deemed a waiver of such points, contain a concise and clear statement of but they will be fully considered in deter. the facts. If a statement of fact is made / mining the cause.
PREPARATION OF TRANSCRIPTS. the costs of the order and service thereol,
and an attachment may issue for a con29. Where it is desired to present a ques. tempt, or the court may, at its option, ention of law arising upon the giving or the re- ter an order reversing the case if the record fusal of instructions, it shall not be neces. is wrongfully withheld by appellee's coun. sary to incorporate the evidence in the rec- sel, or, if withheld wrongfully by appelord, but it shall be sufficient to incorpo. | lants' counsel, the court may enter an order rate therein all of the instructions given affirming the judgment. and refused, together with the statement 33. After a case has been decided, neither of the judge that there was competent evi. the record nor the opinion shall be taken dence introduced on the trial material to from the office of the clerk, except by a the point covered by the instructions, rel- judge of the court or by the official reportevant to the questions involved, and tend- er; and the clerk is required to enforce Ing to sustain tbe theory of the party who this rule. believes himself aggrieved by the ruling of the court.
SECURITY FOR COSTS. 30. The appellant shall cause the tran
34. Whenever it shall be made to appear script to be paged, and the lines of each page to be numbered. He shall also cause
by the transcript or papers in the cause, marginal notes to be placed on the tran
or by affidavit filed at any time before the script in their appropriate places, indicat
submission of a cause, that the appellant ing the several parts of the pleadings in
or appellants is or are non-residents of the the cause, the exhibits, if any, the orders
state, security for costs will be required of of the court, and the hills of exceptions.
such appellant or appellants. If the party Where the evidence is set out by deposi
or his attorney be not present in court, tion or otherwise, the names of the wit
notice of the requirement shall be given by nesses shall be stated in the margin. The
the clerk to the party or his attorney ; appellant shall also note on the margin
and, if the security shall not be given all motions and rulings thereon, and he
within the time limited by the court, the shall also note the instructions given and
appeal will be dismissed. refused in all cases where questions are made thereon.
DISMISSAL OF CAUSEA.
35. Where a cause appealed in vacation CERTIORARI.
has been on the docket ninety days or 31. No motion for a certiorari to correct
more, and there is no appearance by the the record in a submitted cause will be en appellee, and no steps have been taken to
bring him into court, or where a notice tertained, unless the opposite party or his
has been issued and proves ineffectual attorney shall have had ten days' notice in writing of the intended motion, but no
froin any cause, and no sieps are taken notice shall be necessary where the cer
for more than ninety days after the insti.
ance of such ineffectual notice to bring the tiora ri is asked prior to the submission of the cause. The application for the cer
appellee into court, the clerk shall enter an tiorari shall clearly designate the parts
order dismissing the appeal. of the records asserted to be defective, im
REHEARING. properly omitted, or improperly incorpo. rated in the transcript. Briefs and af- 36. Rehearing must be applied for by pefidavits may be filed in support of and in tition in writing, setting forth the cause opposition to the motion, but oral argu- for which the judgment is supposed to be ment will not be heard.
erroneous. The court will consider the
petition without oral argument, upon the WITHDRAWAL AND RETURN OF RECORDS IN
inatters therein alleged, or upon written CASES PENDING.
or printed briefs. Upon proper motion,
counsel will be required to interchange 32. In any case pendiug in this court briefs as upon the originalsubmission. The and not distributed, any attorney, or firm party by whom the petition is filed shall of attorneys, representing either party, return the record with bis brief on the pemay be allowed to take the record and tition within sixty days from the time the papers out of the clerk's office for any decision of the court is filed with the clerk, proper purpose connected with such cause, and if the record and brief be not placed on giving a receipt therefor in such form on file within that time it shall be the as the clerk may adopt, in which shall be duty of the clerk to enter an order overspecified the time during wbich such rec- ruling the petition. After the petition, ord and papers may be kept, but in no brief, and record have been filed they shall case shall such papers be retained more not be taken from the files by the petitioner than sixty days, except by special leave. without special leave, applied for in writOn failure to return such record and papers | ing. When a rehearing is granted, the orwithin the time stated, the attorney or der granting it shall not have the effect to firm of attorneys so failing shall receive no set aside the submission of the cause, un. other record or papers while so in default, less specially directed; but the record and the clerk shall im inediately issue an shall be returned to the files of the clerk's order against him or them to show cause office, and the cause shall stand for hear. why such record and papers have not been ing as a submitted cause, and it may be returned. On failure to show sufficient taken up and decided at once as a submitcause, and to return such record and pa- ted cause, unless upon leave granted upon pers, such attorney or attorneys shall pay special request, in writing, time is given. OPINIONS, WHEN TO BE CERTIFIED. WITHDRAWAL OF PAPERS AFTER DISMISSAL. 37. Opinions and judgments shall not be 39. When an appeal shall have been dis. certified to the court below by the clerk missed, the transcript of the record of the of this court, except in criminal cases, un- court below shall not be withdrawn from til the expiration of sixty days, unless by the files of this court to be used in another order of this court, or on the filing of a appeal, or for any other purpose, without waiver of a petition for reliearing, which special leave of the court in term, or of a order of court, or filing of waiver, shall judge thereof iu vacation, and only on be certified by the clerk with the opinion. good cause shown by affidavit.
LIBRARY 38. The opinions of this court which are
40. No book belonging to the law library to be published shall not be delivered to
shall be removed from the library room, the reporter until the expiration of sixty
except for the purpose of oral argument, . days from the deterniination of the cause,
into the court or consultation room, and unless certified as bereinbefore provided; it shall be delivered to the court or reand where, in such cases, petitions for re
turned to the library at the conclusion hearing are filed, the opinions therein shall
of the argument. Any violation of this not be delivered to the reporter uutil such
rule will be treated as a contempt of court. petitions are overruled.
In force from and after March 18, 1891
SUPREME COURT OF OHIO.
Amendments to the Rules.
ered, whether marked for oral argument § 10. In all cases where the briefs filed or not, unless the plaintiff, or party holdin compliance with Rule IV, do not con- ing the affirmative, sball have caused to tain all points and authorities intend. be filed with the clerk, for the use of the ed to be relied upon on oral argument, court and reporter, ten printed copies of so counsel must, five days before the cause is much of the record, testimony, and docu. set for hearing, furnish opposite counsel ments therein, necessary to be considered with a brief statement of any additional by the court, in octavo size, pamphlet points and authorities intended to be form, and suitable for binding, with index presented; and each member of the court and marginal references, (the cost of which and the reporter must be furuished with a printed copies shall be taxed as costs in copy the day before the oral argument. the cause,) and shall also have filed with At the conclusion of the oral argument,
the clerk a like number of printed copies, time will not be given for the filing of briefs in like form, of a brief or argument therethereafter; and all cases assigned for oral in, contaiuing a statement of the quesargument must be submitted on the day tions presented, and a succinct statement they are assigned for such argument.
of so much of the cause, referring to the § 11. No motion to take a cause out pages of the printed record, as is necessary of its order and advance it for hearing
to show how the questions arise, with will be entertained, on the part of the marginal references to the headings and plaintiff, until it is ready to be submitted points made; and for want of such print. by him, and, when allowed, time will be ed copies, unless good reason be shown to given the defendant, not exceeding 60 days, the contrary, the cause may, on call of the in which to prepare and file his brief; nor, docket, be dismissed as for want of proseon the part of the defendant, until the rec
cution. ord has been printed, (unless dispensed
And no brief or argument on behalf of with;) and, when allowed, the brief of the the defendant or party holding the nega. plaintiff must be filed 60 days thereafter,
tive will be read or considered, unless it and that of the defendant in 60 days after
be printed with like references, and a like the expiration of the time allowed the number of copies filed with the clerk. A plaintiff. If oral argument is desired by copy of the printed l'ecord, and all briefs either party, notice must be given at or be
or argument, shall be furnished to oppo. fore the motion to take out of order is made.
site counsel a reasonable time before the
cause is called upon the docket, and proof Rule IV. BRIEFS AND TRANSCRIPTS. of such service of records and briefs shall No civil cause will be heard or consid- be filed with the clerk.
Page Ables v. Agar (N. Y.)... 412 Bartels, People v. (III.)....
..1091 Adams v. Speelman (N. Y.).
854 Bartholomew v. Poughkeepsie & H. Ferry Adams v. Tuly,(Ind.). 991 Co. (N. Y.)....
408 Adams, Hovey v. (Mass.). 659 Bassett, Ellis v. (Ind.).
344 Adams, Lederer v. (N. Y.) 407 Bauer, Cochrane v. (N. Y.).
857 Adams, People v. (N. Y.)... .1075 Baugh, Martin v. (Ind.).
110 Agar's Will, In re (N. Y.). 412 Baumgarten, Roberts v. (N. Y.).
470 Alexander v. Rochester City & B. R. Co. Beakes v. Da Cunha (N. Y.).
251 (N. Y.)...
950 Beals, Thomas v. (Mass.). Alexander, Walker v. (III.). 41 Bean v. Carleton (N. Y.)...
852 Algonquin Club, Attorney General
Beardsley, Fitts v., two cases, (N. Y.)..... 853 (Mass.). .... 2 Beattey v. O'Connor (Ind.).
446 Allen v. Jones (Ind.). 116 Beattie, People v. (Ill.)..
.1096 Allen, Townsend v. (N. Y.)
853 Beckwith v. New York Cent. & H. R. R. Alliger v. Brooklyn Daily Eagle (N. Y.)... 856 Co., two cases. (N. Y.)..
408 Allison, In re (N. Y.)....
855 Beeckel v. Imperial Council of Order of Amberg, Daly v. (N. Y.).. .1038 United Friends (N. Y.).
413 Ambs v. Towle (Ind.). 625 | Beem v. Lockhart (Ind.)
239 Anderson v. Anderson (Ind.). 724 Bell, Marshall v. (Ind.).
988 Anderson v. Prairie School Tp. (Ind.). 439 Bence, Huffmond v. (Ind.).
347 Andrews v. Brewster (N. Y.). 856 Benedict v. Farlow (Ind.).
307 Andrews, Lewis v. (N. Y.). . .1044 Bennett's Will, In re (N. Y.).
413 Antle v. Sexton (I11.).
691 Bergen v. Manbattan Ry. Co. (N. Y.).. 408 Apple v. Board Com’rs of Marion County Berger v. Varrelmann (N. Y.)..
.1065 (Ind.).... 166 Bergman, Shewalter v. (Ind.)..
159 Appleton, Newhall v. (N. Y.).. 855 Berkley, Wheelock v. (Ill.).
942 Arkenburgh, Pirsson v. (N. Y.). 854 Bickford v. Richards (Mass.).
.1014 Arnold, Kayser v. (N. Y.).. 360 | Bien, Springer v. (N. Y.)...
.1076 Asay, McDonald v. (III.) 929 Bingham, In re (N. Y.)..
.1055 Aspy, Steele v. (Ind.).. 739 Bingham v. Walk (Ind.)..
483 Atkinson v. Chicago Tire & Spring Works Blackburst, People v. (N. Y.).
.1017 (Ill.).... 919 Blake & Johnson v. Krom (N. Y.).
977 Atkinson v. Truesdell (N. Y.).. 844 Blanton, Koons v. (Ind.). .
334 Atlantic Ave. R. Co., Medler v. (N. Y.). ... 854 Bleckwenn, Oakley v. (N. Y.).
378 Attorney General V. Algonquin Club Bleckwenn, People v. (N. Y.)
376 (Mass.). 2 Blue, Town of Laurel v. (Ind.).
301 Atwater v. Trustees of Village of Capan- Blue Ridge Marble Co. v. Duffy (Ind.)..... 430 daigua (N. Y.)...
385 Blume, Chicago, P. & St. L. Ry. Co. v. Avery v. Starbuck (N. Y.). . 1080 (Ill.).
Board of Canvassers of Chemung County, Badenfeld v. Massachusetts Mut. Acc. People v. (N. Y.)...
769 Board of Com’rs of County of Gibson v. Bailey v. Pardridge (III.). .
89 Cincinnati Steam-Heating Co. (Ind.)..... 612 Bainard v. City of Newton (Mass.). 995 Board of Com’rs of Delaware County, Baker v. Groves (Ind.)
641 Baker, Franklin v. (Ohio).
550 Board of Com'rs of Fountain County v. Baltimore & O. & C. R. Co. v. Illinois Cent. Board of Com’rs of Warren County R. Co. (Ill.).. 38 (Ind.). .
133 Bangs, Geary v. (Ill.)..
462 Board of Com'rs of Marion County, Apple Bank of Attica, Read v. (N. Y.). 250 v. (Ind.)..
166 Bank of British North America v. Delafield Board of Com’rs of Marshall County v. (N. Y.).... 797 Burkey (Ind.)....
.1108 Bank of North America v. Rindge (Mass.) 1015 Board of Com’rs of Monroe County, Bank of State of New York, Shipman v. Campbell v. (Ind.).
560 (N. Y.). .....
371 Board of Com’rs of Rush County, Gilson Barker, Hodgman v. (N. Y.).. . 1029 v. (Ind.).
235 Barker, National Broadway Bank v. (N. Board of Com’rs of Tipton County, Woods Y.)... .1029 v. (Ind.).
611 Barnes v. Sammons (Ind.)..
747 Board of Com’rs of Warren County, Board Barnes, Mathis v. (Ind.).
308 of Com'rs of Fountain County v. (Ind.). . 133 Barnett, Hamrick v. (Ind.).
106 Board of Police Com’rs of Greenbush, PeoBaron v. Korn (N. Y.).. 804 ple v. (N. Y.)..
410 Barr v. New York, L. E. & W. R. Co. (N. Board of Sup'rs Cayuga County, Crowin. Y.)..
242 Barrett v. Johnson (Ind.).
983 Board of Sup’rs of Hamilton County, Peo. Barrett v. Sears (Ind.). 607 ple v. (N. Y.).