time when such rehearing will be had, and such time may be given for argument or brief as the court shall allow. XVI. Clerk's Certificate to Transcripts. Transcripts may be certified by the clerk of the district court substantially in the following form: State of Oklahoma, County of SS. I, clerk of the district court for said county, do hereby certify that the foregoing is a full, true, and correct transcript of the record in the above entitled cause. In testimony whereof, I have hereunto set day of .... 19.... X. Rehearing-Stay of Mandate. After the expiration of fifteen days from the filing of an opinion, the clerk shall issue a mandate to the court in which the judgment was rendered, in accordance with the decision of this court, and no petition for rehearing shall stay such mandate unless the person apply-my hand and seal of the court, this ing for rehearing shall present such petition to and obtain from one of the justices who concurred in the opinion a stay of such mandate until said petition for rehearing shall be heard. The justice to whom such petition is presented shall examine the same, and if, in his opinion, a rehearing will probably be granted, he may make an order staying such mandate. Clerk. XVII. Verification of Case-Made. A certificate of the settlement of a case-made may be substantially in the following form: .... coun I, the undersigned, judge of the district court of district for ty, Oklahoma, hereby certify that the foregoing was presented to me as a case-made in the action above entitled (here cite the facts with reference to the appearance of parties and suggestion of amendments), and I now settle and sign the same as a true and correct case-made, and direct that it be attested and filed by the clerk of said court. Witness my hand at county, Oklahoma, this 19.... .District Judge. Clerk. In any case in which a petition for rehearing is denied, or in which an opinion is rendered on rehearing, no further motions or applications for rehearing or review will be allowed, and the clerk shall not file any such motions or applications, except by leave day of of court first obtained. XI. Affirmance-Proceedings Upon. Upon the affirming of a judgment, execution may issue at the option of the party, from this court, or, if such party elects, a writ of procedendo shall be issued to the court below upon the payment by the successful party of the costs incurred in this court. XII. Dissenting Opinions. Any justice may file a dissenting opinion in any cause in which he is entitled to sit and in the determination of which he participates; but before any such dissenting opinion is filed, it shall be submitted in conference to the justices who concurred in the original opinion. No syllabus to a dissenting opinion shall be published. XIII. Costs-Case-Made. In the taxation of costs in the Supreme Court, the clerk shall not tax any costs for expense of case-made, transcript, or record, unless the person claiming same shall, prior to the filing of the opinion in the cause, file with the clerk a verified statement of such expenses and showing that he has paid the same XIV. Original Cases-Affidavit. In all original actions or proceedings instituted in this court it shall be necessary for the plaintiff or applicant for the writ to state fully, by affidavit, the reasons why the action or proceeding is brought in this court instead of one of the inferior courts having concurrent jurisdiction. XV. Non-Resident Attorneys. Any practicing attorney of any state or territory or the District of Columbia, having professional business in this court, may, on motion, be recognized for the purpose of presenting such Attest: .... in ........ XVIII. Motions-Notice of. Orders for amending or completing transcripts and casemade, or for reviving, reinstating, or dismissing causes, shall be made only upon written motions, stating the grounds thereof; and reasonable notice thereof must be served upon the opposing counsel. XIX. Record-Access to. The record may be temporarily withdrawn by an attorney interested in the case for the purpose of enabling him to prepare his brief and abstract, and in all such cases the attorney receiving such record shall receipt for the same, and return it to the clerk within twenty days from its receipt, such attorney paying all charges of transmitting and returning such record. In no case shall the clerk allow an original opinion to be taken from his office. lant shall number the pages of the petition XX. Numbering Pages. Counsel for appelin error and the record, and index the rec ord before filing the same. XXI. Printing-When Not Required. The record and petition in error shall not be required to be printed, but when so desired, may be printed upon agreement of both parties, filed with the clerk of this court, and the expense of the same shall be taxed as costs in the case. XXII. Contemptuous Language. No argument or motion filed or made in this court shall contain language showing disrespect for or contempt of the trial court. XXIII. Remedial Writs-Exceptive Provision. Rule VII shall not apply to cases of writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law. served in the form, manner and time as may | are purely formal or otherwise immateribe directed by the court in each cause. al shall be omitted altogether, but quotations must be made with verbal accuracy whenever the decision of any question in controversy may be affected thereby. The abstracts shall refer to the pages of the record. XXIV. Attorneys Temporary License. Whenever attorneys, who are residents of this state, file a written application with the clerk of this court for admission to practice as an attorney and counselor-at-law in the courts of this state, and show in such application that they have been admitted to practice in a court of record in another state or territory or of the District of Columbia, and that such order is still in force, it is ordered that such attorney or attorneys shall be permitted to practice in the courts of this state until the next meeting of the Bar Commission for the purpose of examining applicants or making recommendation upon such applicants. The XXV. Briefs-Requisites-Contents. brief of the plaintiff in error in all cases except felonies shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court. If the defendant in error or appellee shall claim that such abstract is incomplete for the purpose stated, his brief shall contain a counter abstract correcting any such omissions or inaccuracies. Where a party complains on account of the admission or rejection of testimony, he shall set out in his brief the full substance of the testimony, to the admission or rejection of which he objects, stating specifically his objection thereto. Also where a party complains of instructions given or refused, he shall set out in totidem verbis in his brief separately the portion to which he objects or may save exceptions. A party need not include in his abstract all the evidence in support of a claim on his part that it does not show or tend to show a certain fact, but when such a question is presented the adverse party shall print so much of the evidence as he claims to have that effect. The abstract shall state only the substance of those parts of the record the bearing of which upon the case can be clearly shown in this manner; such as The brief shall contain the specifications of errors complained of, separately set forth and numbered; the argument and authorities in support of each point relied on, in the same order, with strict observance of rule VII. The brief of the appellee or defendant in error shall also be printed when so required of the plaintiff in error, and contain, with pertinent reference to the pages of the abstract, any point challenging the right of plaintiff in error to be heard; a full statement of any additional facts shown by the authorities and discussion of alleged errors, abstract and deemed essential; citations of in the same order as in the brief of the plaintiff in error. XXVI. Authorities-Requiring Additional. The court may at any time after a case is submitted request counsel for either or both parties to an action to file with the court, within the time fixed by the court in its request, additional authorities, if any they have, upon any proposition involved in the action: provided, that when such request is made upon counsel for either party to the action, the same shall be made in writing, and a copy of the same shall be mailed to counsel for the opposite party to the action. When XXVII. Citation by Publication. ever in any case filed in this court it shall be made to appear to the clerk of this court by the affidavit of a plaintiff in error, his agent or attorney, that the defendant has no attorney of record, or that he is beyond the limits of the state, or that his residence is unknown, so that it is impracticable to serve citation upon him in the ordinary method provided by law, it shall be the duty of the clerk of this court, upon the plaintiff in error making provision for the payment of the expense thereof, to cause notice of the pendency of such cause to be published once each week for four successive weeks in some newspaper published in the county in which the case was tried. |