OREGON—Supreme Court.

THOMAS A. MCBRIDE, CHIEF JUSTICE

Department 1.
FRANK A. MOORE, PRESIDING JUDGE.

ASSOCIATE JUDGES. GEORGE H. BURNETT.

WILLIAM M. RAMSEY.

ASSOCIATE JUSTICES. STEPHEN J. CHADWICK.

OVERTON G. ELLIS' MACK F. GOSE.

JOHN F. MAIN.

COURT RULES

SUPREME COURT OF OKLAHOMA

Adopted July 22, 1913

I. T'erms. The regular terms of this court VII. Briefs, Civil-Service-Filing. In will be held beginning on the second Tuesday each civil cause filed in this court, counsel of January, April, July and October, each for plaintiff in error shall, unless otherwise year, at 10:00 o'clock a. m., standard time. ordered by the court, serve his brief on counSpecial sessions may be held at any time sel for defendant in error at least forty (40) upon call of the Chief Justice. The fore days before the case is set for submission. noon sitting shall convene at 10:00 o'clock Counsel for plaintiff in error shall file with and the afternoon sitting at 2:00. o'clock. the clerk of this court fifteen (15) copies of

II. Assignment of Cases. All causes in such brief within the time above designated, which no notice for oral argument has been and defendant in error shall, within thirty given shall stand for submission on the first (30) days after the service of the brief of day of the term; all cases standing for trial plaintiff in error upon him, file with the will be heard in the order assigned, unless clerk of this court fifteen (15) copies of his the court, on proper motion and showing, answer brief, and serve same upon plaintiff shall order otherwise; provided, that in makin error; and all reply briefs, except as othing up the trial docket the clerk shall so ar-erwise ordered by the court, must be filed range the assignment of cases that those by the date the case is submitted or called from each supreme judicial district may be for argument. Proof of service must be filed heard together as nearly as may be.

with the clerk within ten (10) days after

service. III. Notice-of Trial Docket-Of Order8.

In case of failure to comply with the reAt least seventy (70) days prior to the com. quirements of this rule, the court may conmencement of each term of court, the clerk tinue or dismiss the cause, or reverse or afshall send to the attorneys interested a print- firm the judgment, in its discretion. ed copy of the trial doctet for the term fol. lowing, showing the day on which each VIII. Citations. In all proceedings in this cause will be heard. All attorneys interest- court, in citing cases from the courts of this ed shall be notified by the clerk of all orders state, counsel are required to cite the volume of the court concerning each case.

and page of the official state reports in which

A failure to comply IV. Oral Arguments. Attorneys desiring

the case is reported. to make oral arguments shall file notice with this rule will render briefs subject to thereof with the clerk of such intention with be stricken from the files. in ninety (90) days after the commencement IX. Rehearing8. Application for a rehearof the proceeding in error. If no such notice ing in any cause, unless otherwise ordered is served, causes will stand submitted on by the court, shall be made by a petition to briefs. No motion shall be argued unless by the court signed by counsel and filed with direction of the court. One hour only, ex- the clerk within fifteen (15) days from the cept with the consent of the court, shall be date on which the opinion in the cause is consumed in the oral argument of a cause by filled. Such petition shall state briefly the counsel of either party.

grounds upon which counsel relles for a reV. Motions—Requisites. All motions to hearing, and show either that some question the court shall be reduced to writing and decisive of the case and duly submitted by shall contain a brief statement of the facts the counsel has been overlooked by the court, and objects of the motion, supported by cita- or that the decision is in conflict with an tion of the authorities relied upon; and, ex- express statute or controlling decision, to cept in cases where all the facts relied upon which the attention of the court was not callare of record, such motions shall be support. ed, either in brief or oral argument, or ed by affidavit. No motion shall be consid- which has been overlooked by the court, and ered unless reasonable notice has been given the question, statute, or decision so overlookto counsel upon the opposite side of the case, ed must be distinctly and particularly set except where, in the opinion of the court, forth in the petition. No oral argument will an emergency exists.

be allowed on an application for rehearing, VI. Motion to Advance Cause. Every mo- except upon order of the court, but if such tion to advance a cause shall contain a brief application is granted, the cause shall be statement of the matter involved, with the assigned for rehearing, and the clerk shall reason for the application.

notify both parties or their counsel of the 137 P.

......SS.

19..

time when such rehearing will be had, and XVI. Clerk's Certificate to Transcripts. such time may be given for argument or Transcripts may be certified by the clerk of brief as the court shall allow.

the district court substantially in the fol

lowing form: X. Rehearing-Stay of Mandate. After the expiration of fifteen days from the filing

State of Oklahoma, County of of an opinion, the clerk shall issue a man

I,

clerk of the district court for

said county, do hereby certify that the foregoing datę to the court in which the judgment was is a full, true, and correct transcript of the recrendered, in accordance with the decision of ord in the above entitled cause. this court, and no petition for rehearing shall In testimony whereof, I have hereunto set stay such mandate unless the person apply- my hand and seal of the court, this

day of

19.... ing for rehearing shall present such petition

... Clerk. to and obtain from one of the justices who

XVII. Verification of Case-Made. A cerconcurred in the opinion a stay of such man- tificate of the settlement of a case-made may date until said petition for rehearing shall be substantially in the following form: be heard. The justice to whom such peti

I, the undersigned, judge of the district court tion is presented shall examine the same, of

district for

counand if, in his opinion, a rehearing will prob- ty, Oklahoma, hereby certify that the foregoing ably be granted, he may make an order stay-was presented to me as a case-made in the ac

tion above entitled (here cite the facts with ing such mandate.

reference to the appearance of parties and sugIn any case in which a petition for re- gestion of amendments), and I now settle and hearing is denied, or in which an opinion is sign the same as a true and correct case-made, rendered on rehearing, no further motions and direct that it be attested and filed by the

clerk of said court. or applications for rehearing or review will

Witness my hand at

iD be allowed, and the clerk shall not file any

county, Oklahoma, this such motions or applications, except by leave day of

District Judge. of court first obtained.

Attest:

... Clerk. XI. Affirmance-Proceedings Upon. Upon XVIII. Motions-Notice of. Orders for the affirming of a judgment, execution may amending or completing transcripts and caseissue at the option of the party, from this made, or for reviving, reinstating, or discourt, or, if such party elects, a writ of pro- missing causes, shall be made only upon cedendo shall be issued to the court below written motions, stating the grounds thereupon the payment by the successful party of; and reasonable notice thereof must be of the costs incurred in this court.

served upon the opposing counsel. XII. Dissenting Opinions. Any justice

XIX. Record-Acce88 to. The record may may file a dissenting opinion in any cause in be temporarily withdrawn by an attorney inwhich he is entitled to sit and in the de terested in the case for the purpose of entermination of which he participates; but abling him to prepare his brief and abstract, before any such dissenting opinion is filed, and in all such cases the attorney receiving it shall be submitted in conference to the such record shall receipt for the same, and justices who concurred in the original opin- return it to the clerk within twenty days ion. No syllabus to a dissenting opinion shall from its receipt, such attorney paying all be published

charges of transmitting and returning such

record. In no case shall the clerk allow an XIII. Costs-Case-Made. In the taxation original opinion to be taken from his office. of costs in the Supreme Court, the clerk shall not tax any costs for expense of case-made, lant shall number the pages of the petition

XX. Numbering Pages. Counsel for appeltranscript, or record, unless the person claiming same shall, prior to the filing of the opin- ord before filing the same.

in error and the record, and index the recion in the cause, file with the clerk a verified statement of such expenses and show XXI. Printing-When Not Required. The ing that he has paid the same.

record and petition in error shall not be re

quired to be printed, but when so desired, XIV. Original Cases- A fidavit. In all may be printed upon agreement of both paroriginal actions or proceedings instituted in ties, filed with the clerk of this court, and this court it shall be necessary for the plain the expense of the same shall be taxed as tiff or applicant for the writ to state fully, costs in the case. by affidavit, the reasons why the action or

XXII. Contemptuous Language. No arguproceeding is brought in this court instead of one of the inferior courts having concur- ment or motion filed or made in this court

shall contain language showing disrespect rent jurisdiction.

for or contempt of the trial court. XV. Non-Resident Attorneys.

Any prac

XXIII, Remedial Writs-Exceptive Proticing attorney of any state or territory or vision. Rule VII shall not apply to cases of the District of Columbia, having professional writs of habeas corpus, mandamus, quo warbusiness in this court, may, on motion, be ranto, certiorari, prohibition and such other recognized for the purpose of presenting such remedial writs as may be provided by law. cause in which he appears as counsel In such case, briefs shall be prepared and

served in the form, manner and time as may | are purely formal or otherwise immateri.
be directed by the court in each cause. al shall be omitted altogether, but quota-

XXIV. Attorneys Temporary License. tions must be made with verbal accuracy
Whenever attorneys, who are residents of whenever the decision of any question in
this state, file a written application with the controversy may be affected thereby. The
clerk of this court for admission to practice abstracts shall refer to the pages of the rec-
as an attorney and counselor-at-law in the ord.
courts of this state, and show in such ap-

The brief shall contain the specifications of
plication that they have been admitted to errors complained of, separately set forth and
practice in a court of record in another state numbered; the argument and authorities in
or territory or of the District of Columbia, support of each point relied on, in the same
and that such order is still in force, it is or- order, with strict observance of rule VII.
dered that such attorney or attorneys shall The brief of the appellee or defendant in er-
be permitted to practice in the courts of ror shall also be printed when so required
this state until the next meeting of the Bar of the plaintiff in error, and contain, with
Commission for the purpose of examining ap- pertinent reference to the pages of the ab-
plicants or making recommendation upon stract, any point challenging the right of
such applicants.

plaintiff in error to be heard; a full state-

ment of any additional facts shown by the
XXV. Briefs-Requisites-Contents. The
brief of the plaintiff in error in all cases ex- authorities and discussion of alleged errors,

abstract and deemed essential; citations of
cept felonies shall contain an abstract or in the same order as in the brief of the plain-
abridgment of the transcript, setting forth

tiff in error.
the material parts of the pleadings, proceed-
ings, facts and documents upon which he re XXVI. Authorities-Requiring Additional.
lies, together with such other statements The court may at any time after a case is
from the record as are necessary to a full submitted request counsel for either or both
understanding of the questions presented to parties to an action to file with the court,
this court for decision, so that no examina- within the time fixed by the court in its re-
tion of the record itself need be made in this quest, additional authorities, if any they
court. If the defendant in error or appellee have, upon any proposition involved in the
shall claim that such abstract is incomplete action: provided, that when such request is
for the purpose stated, his brief shall con- made upon counsel for either party to the
tain a counter abstract correcting any such action, the same shall be made in writing,
omissions or inaccuracies. Where a party and a copy of the same shall be mailed to
complains on account of the admission or re-counsel for the opposite party to the action.
jection of testimony, he shall set out in his
brief the full substance of the testimony, to

XXVII. Citation by Publication. When-
the admission or rejection of which he ob- ever in any case filed in this court it shall
jects, stating specifically his objection there be made to appear to the clerk of this court
to. Also where a party complains of instruc-by the affidavit of a plaintiff in error, his
tions given or refused, he shall set out in agent or attorney, that the defendant has
totidem verbis in his brief separately the no attorney of record, or that he is beyond
portion to which he objects or may save ex-

the limits of the state, or that his residence
ceptions. A party need not include in his is unknown, so that it is impracticable to
abstract all the evidence in support of a

serve citation upon him in the ordinary
claim on his part that it does not show or method provided by law, it shall be the duty
tend to show a certain fact, but when such of the clerk of this court, upon the plaintifr
a question is presented the adverse party shall in error making provision for the payment
print so much of the evidence as he claims of the expense thereof, to cause notice of
to have that effect. The abstract shall state the pendency of such cause to be published
only the substance of those parts of the rec-

once each week for four successive weeks in
ord the bearing of which upon the case can some newspaper published in the county in
be clearly shown in this manner; such as I which the case was tried.