« ΠροηγούμενηΣυνέχεια »
SUPREME COURT OF NEVADA
Adopted September 1, 1879, with Amendments of October 25, 1911,
Which Became Effective April 1, 1912
affidavit of such admission or his certificate 1. Applicants for license to practice as at- showing the same, together with satisfactory torneys and counselors will be examined in evidence of good moral character and a recopen court on the first da of the term.
ommendation from a judge before whom he 2. Examination for Attorney at Law-The last practiced, may be deemed sufficient to Supreme Court, upon application of the dis- entitle him to admission to practice in all trict judge of any judicial distríct, will ap- the courts of this state. point a committee to examine persons apply
3. The examiners will not be expected to ing for admission to practice as attorneys go very much at large into the details of and counselors at law. Such committee will these subjects, but only sufficiently so fairly consist of the district judge and at least two to test the extent of the applicant's knowlattorneys resident of the district.
edge and the accuracy of his understanding The examination by the committee so ap- of those subjects and books which he has pointed shall be conducted and certified ac
studied. cording to the following rules:
4. Examination by Committee-When the Examination by Committee-The appli- examination is completed and reduced to cant shall be examined by the district judge writing, the examiners will return it to this and at least two others of the committee, court, accompanied by their certificate showand the questions and answers must be re- ing whether or not the applicant is of good duced to writing.
moral character and has attained his maNo intimation of the questions to be asked jority, and is a bona fide resident of this must be given to the applicant by any mem- state. Such certificate shall also contain the ber of the committee previous to the exami- facts that the applicant was examined in the nation.
presence of the committee; that he had no Examination to Embrace—The examina- knowledge or intimation of the nature of tion all embrace the following subjects:
any of the questions to be propounded to him 1. The history of this state and of the before the same were asked by the comUnited States;
mittee, and that the answers to each and all 2. The constitutional relations of the state the questions were taken down as given by and federal governments;
the applicant without reference to any books 3. The jurisdiction of the various courts or other outside aid. of this state and of the United States;
5. Fee to be Deposited Before Examina4. The various sources of our municipal tion—The fee of thirty-five dollars for 11law;
cense must in all cases be deposited with the 5. The general principles of the common clerk of the court before the application is law relating to property and personal rights made, to be returned to the applicant in case and obligations;
of rejection. 6. The general grounds of equity jurisdic- 6. Oath of Attorney-In addition to the tion and principles of equity jurisprudence; constitutional oath or 'affirmation, attorneys,
7. Rules and principles of pleadings and before being admitted to practice, shall take evidence;
the following oath or affirmation: 8. Practice under the Civil and Criminal 1. That I will maintain the respect due to Codes of Nevada;
courts of justice and judicial officers; 9. Remedies in hypothetical cases;
2. That I will counsel and maintain such 10. The course and duration of the appli- actions, proceedings, and defenses only, as cant's studies.
appear to me legal and just; except the deAdmission of Attorneys from Other Juris-fense of a person charged with a public ofdictions—One who has been admitted upon a fense; creditable examination in any other state, 3. To employ for the purpose of maintainterritory, or foreign country requiring such ing the causes confided to me, such means examination, where the common law of Eng- only as are consistent with truth, and never I land is the basis of jurisprudence, may ap- to seek to mislead the judge by any artifice ply to be licensed in this state, provided his l or false statement of facts or law; 154 P.
4. That I will maintain inviolate the confi- gin. Nothing smaller than minion type leaddence and, at every peril to myself, preserve ed shall be used in printing. the secrets of my client;
2. Transcripts in Criminal Cases-Tran5. That I will abstain from all offensive scripts in criminal cases may be printed in personality, and advance no fact prejudicial | like manner as prescribed for civil cases; or, to the honor or reputation of a party or wit- if not printed, shall be written on one side ness, unless required by the justice of the only of transcript paper, sixteen inches long cause with which I am charged ;
by ten and one-half inches in width, with a 6. That I will never reject, from any con- margin of not less than one and one-half sideration personal to myself, the cause of inches wide, fastened or bound together on the defenseless or oppressed. So help me the left sides of the pages by ribbon or tape, God. (As amended, October 25, 1911.) so that the same may be secured, and every
part conveniently read. The transcript if RULE II.
written, shall be in a fair, legible hand, and
each paper or order shall be separately inFiling Transcript—The transcript of the
serted. record on appeal shall be filed within thirty
3. To be Indexed-The pleadings, proceed-
arranged in the transcript, and each tran-
cal index, specifying the folio of each sepa-
rate paper, order, or proceeding, and of the 1. Appeal may be Dismissed-Can be Re- testimony of each witness; and the transtored-If the transcript of the record be not script shall have at least one blank fly-sheet filed within the time prescribed by rule II, cover. the appeal may be dismissed on motion with. 4. Cannot be Filed-No record which fails out notice. A cause so dismissed may be to conform to these rules shall be received restored during the same term, upon good or filed by the clerk of the court. (As amendcause shown, on notice to the opposite par- ed, October 25, 1911.) ty; and, upon good cause shown, on notice to the opposite party and, unless so restored,
RULE V. the dismissal shall be final and a bar to any
Printing Transcripts—The written tranother appeal from the same order or judg. script in civil causes, together with sufficient ment.
funds to pay for the printing of the same, 2. How Restored on such motion there may be transmitted to the clerk of this court. shall be presented the certificate of the clerk The clerk, upon the receipt thereof shall file below, under the seal of the court, certify- the same and cause the transcript to be ing the amount or character of the judgment; printed, and to a printed copy shall annex the date of its rendition; the fact and date his certificate that the said printed tranof the filing of the notice of appeal, to script is a full and correct copy of the trangether with the fact and date of service script furnished to him by the party; and thereof on the adverse party, and the charac said certificate shall be prima facie evidence ter of the evidence by which said service ap- that the same is correct. The said printed pears; the fact and date of the filing of the copy so certified shall also be filed, and undertaking on 'appeal; and that the same constitute the record of the cause in this is in due form; the fact and time of the set-court, subject to be corrected by reference tlement of the statement, if there be one; to the written transcript on file. and also that the appellant has received a duly certified transcript, or that he has not
RULE VI. requested the clerk to certify to a correct
1. Cost of Typewriting or Printing Truntranscript of the record, or, if he has made such request, that he has not paid the fees script8-The expense of printing or typewrittherefor, if the same bave been demanded. ing transcripts, aflidavits, briefs, or other
papers on appeal in civil causes and plead(As amended, October 25, 1911.)
ings, affidavits, briefs, or other papers con
stituting the record in original proceedings RULE IV.
upon which the case is heard in this court, 1. Printed Transcripts--All transcripts of required by these rules to be printed or typerecord in civil cases, when printed, shall be written, shall be allowed as costs, and taxed printed on unruled white paper, ten inches in bills of costs in the usual mode; provided, long by seven inches wide, with a margin on that no greater amount than twenty-five the outer edge of not less than one inch. cents per folio of one hundred words shall be The printed page shall not be less than seven taxed as costs for printing, and no greater inches long and three and one-half inches amount than twelve and one-half cents per wide. The folios, embracing ten lines each, folio for one copy only shall be taxed as shall be numbered from the commencement costs for typewriting. All other costs to be to the end, and the numbering of the folios taxed by the clerk in accordance with the fee
2. To Serve Cost Bill, When-Either party one day before the argument, or they will desiring to recover as costs his expenses for not be regarded. printing or typewriting in any cause in this court, sball within five days after the de
RULE IX. cision of the cause, file with the clerk and Substitution in Case of Death-Upon the serve upon the opposite party a verified cost death or other disability of party pending bill, setting forth or stating the actual cost an appeal, his representative shall be subof such printing or typewriting, and no stituted in the suit by suggestion in writing greater amount than such actual cost shall to the court on the part of such representabe taxed as costs.
tive, or any party on the record. Upon the 3. Mode of Objecting to Costs—If either entry of such suggestion, an order of substiparty desires to object to the costs claimed tution shall be made and the cause shall by the opposite party, he shall, within ten proceed as in other cases. days after the service upon him of a copy of the cost bill, file with the clerk and serve
RULE X. his objections. Said objections shall be 1. Calendar to Consist of-Upon Motionheard and settled and the costs taxed by the The calendar of each term shall consist only clerk. An appeal may be taken from the de- of those cases in which the transcript shall cision of the clerk, either by written notice have been filed on or before the first day of five days, or orally and instanter, to the of the term, unless by written consent of the justices of this court, and the decision of parties; provided, that all cases, both civil such justices shall be final. If there be no and criminal, in which the appeal has been objections to the costs claimed by the party perfected and the statement settled, as proentitled thereto, they shall be taxed as claim- vided in rule II, and the transcript has ed in his cost bill.
not been filed before the first day of the 4. Indorsed upon Remittitur-In all cases term, may be placed on the calendar, on mowhere a remittitur or other final order is sent tion of either party, after ten days' written to a district court or other inferior tribunal, notice of such motion, and upon filing the the costs of the party entitled thereto as tax- transcript. ed by the clerk shall be indorsed upon such 2. Causes shall be placed on the calendar remittitur or order, and shall be collected in the order in which the transcripts are as other costs in such district court, or other filed by the clerk. inferior court or tribunal, and shall not be
3. The calendar shall be called on the first subject to retaxation in such district court day of each term and cases set for oral arguor other tribunal. (As amended, October 25, ment upon a day certain, upon request of 1911.)
counsel upon either side of the case, or upon RULE VII.
stipulation, subject to the approval of the
court. Requests for settings may be made To Correct Error in Transcript-For the by counsel in open court or by written compurpose of correcting any error or defect in munication addressed to the clerk. Upon the transcript from the court below, either stipulation of counsel, subject to the approval party may suggest the same, in writing, to of the court, cases may be submitted on this court, and, upon good cause shown, ob- briefs filed without oral argument. Where tain an order that the proper clerk certify no request is made by stipulation or otherto the whole or part of the record as may wise for the setting of a case, the same be required, or may produce the same, duly may be passed or be set by the court of its certified, without such order. If the at
own motion. (As amended, October 25, 1911.) torney of the adverse party be absent, or the fact of the alleged error or defect be disput
RULE XI. ed, the suggestion, except when certified
1. Time for Appellant to Serve Briefcopy is produced at the time, must be accom
Respondent-Within fifteen days after the panied by an affidavit showing the existence of the error or defect alleged.
filing of the transcript on appeal in any case, the appellant shall file and serve his points
and authorities or brief; and within fifteen RULE VIII,
days after the service of appellant's points Exceptions-Diminution of Record-Ex- and authorities or brief, respondent sball ceptions or objections to the transcript, state file and serve his points and authorities or ment, the undertaking on appeal, notice of brief; and within fifteen days thereafter, appeal or to its service or proof of service, appellant shall file and serve his points and or any technical exception or objection to the authorities or brief in reply, after which the record affecting the right of the appellant to case may be argued orally. be heard on the points of error assigned, 2. The points and authorities shall contain which might be cured on suggestion of dimi- such brief statement of the facts as may be nution of the record, must be taken at the necessary to explain the points made. first term after the transcript is filed, and 3. Oral Argument—The oral argument must be noted in the written or the printed may, in the discretion of the court, be limitpoints of the respondent, and filed at least led to the printed or typewritten points and
authorities or briefs filed, and a failure by No remittitur or mandate to the court below
Opinion To be Transmitted—Where a judge without permission of the court.
ment is reversed or modified, a certified copy 4. No more than two counsel on a side of the opinion in the case shall be transmitwill be heard upon the oral argument, except ted, with the remittitur, to the court below. by special permission of the court, but each defendant who has appeared separately in
RULE XVII. the court below may be heard through his No Paper to be Taken Without Orderown counsel.
No paper shall be taken from the court room 5 Optional in Criminal Cases—In crim- or clerk's office, except by order of the inal cases it is left optional with counsel ei-court, or of one of the justices. No order ther to file written, printed, or typewritten will be made for leave to withdraw a tranpoints and authorities or briefs.
script for examination, except upon written 6. When Submitted—When the oral argu- consent to be filed with the clerk. ment is concluded, the case shall be submitted for the decision of the court.
RULE XVIII. 7. Stipulation as to Time-The times here
Writ of Error, or Certiorari—No writ of in provided for may be shortened or extend- error or certiorari shall be issued, except upon ed by stipulation of parties or order of court, order of the court, upon petition, showing a or a justice thereof. (As amended, October proper case for issuing the same. 25, 1911.) RULE XII.
RULE XIX. Printing and Paper to be Uniform-In all Writ of Error to Operate as Supersedeascases where a paper or document is required Where a writ of error is issued, upon filing by these rules to be printed, it shall be print- the same and a sufficient bond or undertaked upon similar paper, and in the same style ing with the clerk of the court below, and and form (except the numbering of the folios upon giving notice thereof to the opposite in the margin) as is prescribed for the print- party or his attorney, and to the sheriff, it ing of transcripts.
shall operate as a supersedeas. The bond or
undertaking shall be substantially the same RULE XIII.
as required in cases on appeal. Number of Copies to be Filed-Besides the original, there shall be filed five copies of
RULD XX. all printed transcripts, briefs, and points and When Returnable-The writ of error shall authorities, which copies shall be distribut- be returnable within thirty days, unless ed by the clerk. (As amended, October 25, otherwise specially directed. 1911.) RULE XIV.
RULE XXI. Opinions Recorded-All opinions delivered To Apply—The rules and practice of this by the court, after having been finally cor- court respecting appeals shall apply, so far rected, shall be recorded by the clerk. as the same may be applicable, to proceed.
ings upon a writ of error. RULE XV.
RULE XXII. Rehearing-Remittitur to 188ue, When Time may be Shortened or Extended-All Time Concerning Writ—The writ shall not motions for a rehearing shall be upon pe- be allowed after the lapse of one year from tition in writing, and filed with the clerk the date of the judgment, order, or decree within fifteen days after the final judgment which is sought to be reviewed, except under is rendered, or order made by the court, special circumstances. and publication of its opinion and decision. Personal service or service by mail upon
RULE XXIII. counsel of a copy of the opinion and decision Concerning Change of Venue-Additional shall be deemed the equivalent of publica- Notice Given-Appeals from orders granting tion. The party moving for a rehearing or denying a change of venue, or any other shall serve a copy of the petition upon op- interlocutory order made before trial, will posing counsel, who within ten days there be heard at any regular or adjourned term, after may file a reply to the petition, and upon three days' notice being given by either
live within twenty miles of Carson. When be printed, but, if printed, all the rules conthe party served resides more than twenty cerning the same shall still apply thereto. miles from Carson, an additional day's notice 2. Briefs may be Typewritten-Briefs and will be required for each fifty miles, or frac- points and authorities, instead of being tion of fifty miles, from Carson.
printed, may be typewritten upon the same
paper and in the same style and form as is RULE XXIV.
prescribed for typewritten transcripts.
3. Copy to be served-Two Copies to be Notice of Motion-In all cases where notice Filed—When so typewritten, but one copy of a motion is necessary, unless, for good of such transcript need be filed in the case; cause shown, the time is shortened by an but a copy thereof shall be served upon the order of one of the justices, the notice shall opposite party. Two copies of the briefs and be five days.
points and authorities—viz., the first impresRULE XXV.
sion and a copy thereof-shall be filed with 1. Transcripts may be Typewritten—To be the clerk, and a copy shall be served upon Bound in Boards with Flexible Backs-All each opposite party who appeared separately
in the court 'below. transcripts of the record in any action or
(As amended, October proceeding may be typewritten. The type
RULE XXVI. writing shall be the first impression, clearly and legibly done, with best quality of black Payment of Advance Fee Required-Clerk ink, in type not smaller than small pica, up- Prohibited from Filing—No transcript or on a good quality of typewriting paper, thir- original record shall be filed or cause registeen inches long by eight inches wide, bound tered, docketed, or entered until an adin boards with flexible backs, in volumes of vance fee of twenty-five dollars is paid into a size suitable for convenient handling and the clerk's office, to pay accruing costs of ready reference, and arranged and indexed suit. The clerk of the court is probibited as required by the rules of this court. from filing or registering any record without
hen so typewritten such transcript, in the first having received as a deposit the aforediscretion of the party appealing, need not said fee.