SUPREME COURT AND DÍSTRICT COURTS OF APPEAL OF CALIFORNIA RULE I. ADMISSION OF ATTORNEYS. that a person may make application and be examined and admitted in another appellate 1. Applicants for license to practice as at- district upon filing with his application a torneys and counsellors will be examined in written statement showing good cause thereopen court, by the court authorized by law for, satisfactory to the court to which he to act in that behalf, and at such regular applies, accompanied by the written consent times as such court shall fix. Until further of the Presiding Justice of the appellate order the examination will be based upon district in which he resides. No person rethe following books: Blackstone's "Commen-jected shall be at liberty to renew his applitaries," Kent's "Commentaries," Greenleaf's cation in any court earlier than six months "Evidence" (first volume), Story's "Equity after such rejection. Jurisprudence," Gould's "Pleading," Lube's "Equity Pleading," Parsons on "Contracts," Pomeroy's "Introduction to Municipal Law," Code of Civil Procedure, Civil Code, Constitutions of the United States and of the state of California. Persons applying for admission, whether upon examination or motion, must personally appear in court at the time RULE II. within forty days after an appeal is per1. The appellant in a civil action shall fected, except as hereinafter stated, serve and file the transcript of the record, duly When a certified to be correct by the attorneys of the the application for admission is made. No applicant will be examined unless there shall respective parties, or by the clerk of the have been filed with the clerk of the court, court from which the appeal is taken. If before the day on which the application is a proceeding is pending for the settlement made, a certificate signed by at least two at- of a bill of exceptions or statement which torneys of the court, each of whom shall may be used in support of such appeal, the time aforesaid shall not begin to run until have been regularly engaged in practice as such attorney for at least four years next the settled and authenticated statement or a theretofore, stating, in substance, that they bill of exceptions has been filed. have, and that each of them has, carefully party appealing from a judgment has given and diligently examined the applicant touch- notice of motion for a new trial before pering the qualifications of such applicant infecting said appeal, the time aforesaid shall point of learning in the law; that it satisfactorily appeared to them, and to each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, naming the place at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate; and stating any other fact tending to show the character of the attainments of the applicant, and also stating that, in their opinion, the applicant possesses the requisite qualifications in point of learning in the law to be entitled to be admitted to practice. FEE. 2. The fee for license must in all cases be deposited with the clerk of such court before the application is made, to be returned to the applicant in case of rejection. REJECTION. not begin to run until the motion for a new trial has been decided, or the proceeding therefor dismissed. If the transcript for use on appeal is prepared under the provisions of section 953a of the Code of Civil Procedure and a notice is filed by the appellant requesting a transcript of the phonographic report, the time for filing the transcript of the record on appeal shall not begin to run until such phonographic report is approved and certified by the judge or until the proceeding to obtain the same has been terminated in the court below by dismissal or otherwise. An appeal from a judgment and from any order denying a new trial of the issue may in all cases be presented in the same transcript. EVIDENCE OF SERVICE. 2. Written evidence of the service upon the adverse party of the transcript shall be filed therewith. EXTENSION OF TIME. 3. Applicants must apply for examination 3. The time above limited may be exto the District Court of Appeal of the appel- tended by order, based on stipulation or late district in which they reside. Provided, | affidavit, showing good cause therefor. BRIEFS. 4. Thirty days after the filing of the transcript, the appellant shall file with the clerk his printed points and authorities, with proof of the service of one copy thereof upon the attorney or attorneys of each respondent who shall have appeared separately in the superior court. Within thirty days after the service of appellant's points and authorities, the respondent shall serve and file his printed points and authorities; and within ten days after service of respondent's points the appellant may serve and file a reply. In criminal cases the appellant shall file his points and authorities (with proof of service of a copy thereof on the Attorney General) within ten days after the filing of the transcript. The Attorney General shall serve and file his points and authorities within ten days after service upon him of the appellant's points, and within five days thereafter the appellant may serve and file a reply. Such points and authorities may be either printed or typewritten. EXTENSION OF TIME ON BRIEFS. 5. The time above limited for filing points and authorities shall not be extended except by order of the court upon stipulation of the parties, or an affidavit showing good cause therefor. No brief shall be filed after oral argument except by special order. TWENTY-ONE COPIES OF TRANSCRIPT AND 6. The party wishing to file any printed paper shall prepare the original and twenty copies thereof. If such paper is to be filed in the District Court of Appeal, the original and three copies shall be filed therein, and the remaining seventeen copies shall be simultaneously delivered to the clerk of the Supreme Court. with said sections; and no further copies of such record shall be required. When such appeal is taken to the Supreme Court, or has been transferred thereto from a District Court of Appeal, the record shall be kept in the San Francisco office of the clerk of the Supreme Court. DISPOSITION OF PAPERS. briefs filed in any matter appealed, must be 7. Copies of all printed papers, points and deposited with the clerk of the court from which the appeal is taken; and the copies to the judge who presided at the trial of the so deposited shall, by said clerk, be delivered cause in the lower court. There must be endorsed upon the cover of the printed transcript the name of the county from which the appeal is taken, and also the name of the judge of the superior court If it is to be filed in the Su-whose decision is presented for review and preme Court, the original must be accompa- the names and addresses of the attorneys nied by the twenty copies, unless it is an ap- representing the parties to the appeal. plication to the Supreme Court for the hearing of a cause decided by the District Court of Appeal, in which case the party shall deliver to the clerk of said District Court one copy for each Justice of said court and file the original and seventeen copies in the Supreme Court. Papers not required to be printed are subject to these provisions if they are, in fact, printed. If not printed, they must be in typewriting, and (except as provided in the next succeeding paragraph) three copies must be filed with the original. A carbon copy must not be used for the orig inal. RULE IV. CALENDAR FOR ORAL ARGUMENT. Thirty days before the commencement of a regular session the clerk shall, unless otherwise ordered by the court, place on the calendar for oral argument all cases which have been continued for such argument, and also, in the order in which the transcripts were filed, all cases in which points and authorities are on file, and also all motions and original proceedings pending and not under submission. Cases in certiorari shall, after the record is brought up by the return, be subject to the same rules with respect to argument and submission as cases on appeal. In civil cases appealed under the provisions of sections 953a, 953b and 953c of the Code of Civil Procedure, and in criminal cases appealed under the provisions of sections 1246, 1247, 1247a and 1247b of the Penal Code, the record upon appeal shall be prepared and transmitted to the court to 1. If the transcript of the record or ap RULE V. DISMISSAL OF APPEAL. |
