COURT RULES SUPREME COURT OF NEVADA Adopted September 1, 1879, with Amendments of October 25, 1911, RULE I. 1. Applicants for license to practice as attorneys and counselors will be examined in open court on the first day of the term. 2. Examination for Attorney at Law-The Supreme Court, upon application of the district judge of any judicial district, will appoint a committee to examine persons applying for admission to practice as attorneys and counselors at law. Such committee will consist of the district judge and at least two attorneys resident of the district. The examination by the committee so appointed shall be conducted and certified according to the following rules: Examination by Committee-The applicant shall be examined by the district judge and at least two others of the committee, and the questions and answers must be reduced to writing. No intimation of the questions to be asked must be given to the applicant by any member of the committee previous to the examination. Examination to Embrace-The examination shall embrace the following subjects: 1. The history of this state and of the United States; 2. The constitutional relations of the state and federal governments; 3. The jurisdiction of the various courts of this state and of the United States; 4. The various sources of our municipal law; 5. The general principles of the common law relating to property and personal rights and obligations; 6. The general grounds of equity jurisdiction and principles of equity jurisprudence; 7. Rules and principles of pleadings and evidence; 8. Practice under the Civil and Criminal Codes of Nevada; 9. Remedies in hypothetical cases; affidavit of such admission or his certificate showing the same, together with satisfactory evidence of good moral character and a recommendation from a judge before whom he last practiced, may be deemed sufficient to entitle him to admission to practice in all the courts of this state. 3. The examiners will not be expected to go very much at large into the details of these subjects, but only sufficiently so fairly to test the extent of the applicant's knowledge and the accuracy of his understanding of those subjects and books which he has studied. 4. Examination by Committee-When the examination is completed and reduced to writing, the examiners will return it to this court, accompanied by their certificate showing whether or not the applicant is of good moral character and has attained his majority, and is a bona fide resident of this state. Such certificate shall also contain the facts that the applicant was examined in the presence of the committee; that he had no knowledge or intimation of the nature of any of the questions to be propounded to him before the same were asked by the committee, and that the answers to each and all the questions were taken down as given by the applicant without reference to any books or other outside aid. 5. Fee to be Deposited Before Examination-The fee of thirty-five dollars for license must in all cases be deposited with the clerk of the court before the application is made, to be returned to the applicant in case of rejection. 6. Oath of Attorney-In addition to the constitutional oath or affirmation, attorneys, before being admitted to practice, shall take the following oath or affirmation: 1. That I will maintain the respect due to courts of justice and judicial officers; 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. Admission of Attorneys from Other Jurisdictions-One who has been admitted upon a creditable examination in any other state, territory, or foreign country requiring such examination, where the common law of England is the basis of jurisprudence, may apply to be licensed in this state, provided his 154 P. appear to me legal and just; except the defense of a person charged with a public offense; (vii) 3. To employ for the purpose of maintaining the causes confided to me, such means only as are consistent with truth, and never to seek to mislead the judge by any artifice or false statement of facts or law; viii 154 PACIFIC REPORTER 4. That I will maintain inviolate the confidence and, at every peril to myself, preserve the secrets of my client; 5. That I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; 6. That I will never reject, from any consideration personal to myself, the cause of So help me the defenseless or oppressed. God. (As amended, October 25, 1911.) RULE II. Filing Transcript-The transcript of the record on appeal shall be filed within thirty (30) days after the appeal has been perfected and the statement settled, if there be one. (As amended, October 25, 1911.) RULE III. 1. Appeal may be Dismissed-Can be Restored-If the transcript of the record be not filed within the time prescribed by rule II, the appeal may be dismissed on motion without notice. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party; and, upon good cause shown, on notice to the opposite party and, unless so restored, the dismissal shall be final and a bar to any other appeal from the same order or judg ment. 2. How Restored-On such motion there shall be presented the certificate of the clerk below, under the seal of the court, certifying the amount or character of the judgment; the date of its rendition; the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears; the fact and date of the filing of the undertaking on appeal; and that the same is in due form; the fact and time of the settlement of the statement, if there be one; and also that the appellant has received a duly certified transcript, or that he has not requested the clerk to certify to a correct transcript of the record, or, if he has made such request, that he has not paid the fees therefor, if the same have been demanded. (As amended, October 25, 1911.) RULE IV. 1. Printed Transcripts-All transcripts of record in civil cases, when printed, shall be printed on unruled white paper, ten inches long by seven inches wide, with a margin on the outer edge of not less than one inch. The printed page shall not be less than seven inches long and three and one-half inches wide. The folios, embracing ten lines each, shall be numbered from the commencement to the end, and the numbering of the folios shall be printed between lines or on the mar gin. Nothing smaller than minion type lead- 2. Transcripts in Criminal Cases-Tran- 3. To be Indexed-The pleadings, proceed- 4. Cannot be Filed-No record which fails to conform to these rules shall be received or filed by the clerk of the court. (As amended, October 25, 1911.) RULE V. Printing Transcripts-The written tran- RULE VI. 1. Cost of Typewriting or Printing Transcripts-The expense of printing or typewriting transcripts, affidavits, briefs, or other papers on appeal in civil causes and pleadings, affidavits, briefs, or other papers constituting the record in original proceedings upon which the case is heard in this court, required by these rules to be printed or typewritten, shall be allowed as costs, and taxed in bills of costs in the usual mode; provided, that no greater amount than twenty-five cents per folio of one hundred words shall be taxed as costs for printing, and no greater amount than twelve and one-half cents per folio for one copy only shall be taxed as costs for typewriting. All other costs to be taxed by the clerk in accordance with the fee bill. 3 RULE IX. 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, shall within five days after the decision of the cause, file with the clerk and serve upon the opposite party a verified cost bill, setting forth or stating the actual cost of such printing or typewriting, and no greater amount than such actual cost shall be taxed as costs. 3. Mode of Objecting to Costs-If either party desires to object to the costs claimed by the opposite party, he shall, within ten days after the service upon him of a copy of the cost bill, file with the clerk and serve his objections. Said objections shall be heard and settled and the costs taxed by the clerk. An appeal may be taken from the decision of the clerk, either by written notice of five days, or orally and instanter, to the justices of this court, and the decision of such justices shall be final. If there be no objections to the costs claimed by the party entitled thereto, they shall be taxed as claimed in his cost bill. 4. Indorsed upon Remittitur-In all cases where a remittitur or other final order is sent to a district court or other inferior tribunal, the costs of the party entitled thereto as taxed by the clerk shall be indorsed upon such remittitur or order, and shall be collected as other costs in such district court, or other inferior court or tribunal, and shall not be subject to retaxation in such district court or other tribunal. (As amended, October 25, 1911.) RULE VII. To Correct Error in Transcript-For the purpose of correcting any error or defect in the transcript from the court below, either party may suggest the same, in writing, to this court, and, upon good cause shown, obtain an order that the proper clerk certify to the whole or part of the record as may be required, or may produce the same, duly certified, without such order. If the attorney of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion, except when a certified copy is produced at the time, must be accompanied by an affidavit showing the existence of the error or defect alleged. RULE VIII. Substitution in Case of Death-Upon the death or other disability of a party pending an appeal, his representative shall be substituted in the suit by suggestion in writing to the court on the part of such representative, or any party on the record. Upon the entry of such suggestion, an order of substitution shall be made and the cause shall proceed as in other cases. RULE X. 1. Calendar to Consist of-Upon MotionThe calendar of each term shall consist only of those cases in which the transcript shall have been filed on or before the first day of the term, unless by written consent of the parties; provided, that all cases, both civil and criminal, in which the appeal has been perfected and the statement settled, as provided in rule II, and the transcript has not been filed before the first day of the term, may be placed on the calendar, on motion of either party, after ten days' written notice of such motion, and upon filing the transcript. 2. Causes shall be placed on the calendar in the order in which the transcripts are filed by the clerk. Upon 3. The calendar shall be called on the first day of each term and cases set for oral argument upon a day certain, upon request of counsel upon either side of the case, or upon stipulation, subject to the approval of the court. Requests for settings may be made by counsel in open court or by written communication addressed to the clerk. stipulation of counsel, subject to the approval of the court, cases may be submitted on briefs filed without oral argument. Where no request is made by stipulation or otherwise for the setting of a case, the same may be passed or be set by the court of its own motion. (As amended, October 25, 1911.) RULE XI. 1. Time for Appellant to Serve Brief— Respondent-Within fifteen days after the filing of the transcript on appeal in any case, the appellant shall file and serve his points and authorities or brief; and within fifteen days after the service of appellant's points and authorities or brief, respondent shall file and serve his points and authorities or brief; and within fifteen days thereafter, appellant shall file and serve his points and authorities or brief in reply, after which the case may be argued orally. Exceptions-Diminution of Record-Exceptions or objections to the transcript, state ment, the undertaking on appeal, notice of appeal or to its service or proof of service, or any technical exception or objection to the record affecting the right of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken at the 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 leasted to the printed or typewritten points and 2. The points and authorities shall contain such brief statement of the facts as may be necessary to explain the points made. X 154 PACIFIC REPORTER authorities or briefs filed, and a failure by either party to file points and authorities or briefs under the provisions of this rule and within the time herein provided, shall be deemed a waiver by such party of the right to orally argue the case, and such party shall not recover cost for printing or typewriting any brief or points and authorities in the case. Counsel shall not read from decisions nor argue more than one hour on each side without permission of the court. 4. No more than two counsel on a side will be heard upon the oral argument, except by special permission of the court, but each defendant who has appeared separately in the court below may be heard through his own counsel. 5 Optional in Criminal Cases-In criminal cases it is left optional with counsel either to file written, printed, or typewritten points and authorities or briefs. 6. When Submitted-When the oral argument is concluded, the case shall be submitted for the decision of the court. 7. Stipulation as to Time-The times herein provided for may be shortened or extended by stipulation of parties or order of court, or a justice thereof. (As amended, October 25, 1911.) RULE XII. Printing and Paper to be Uniform-In all cases where a paper or document is required by these rules to be printed, it shall be printed upon similar paper, and in the same style and form (except the numbering of the folios in the margin) as is prescribed for the printing of transcripts. RULE XV. No remittitur or mandate to the court below RULE XVI. Opinion To be Transmitted-Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted, with the remittitur, to the court below. RULE XVII. No Paper to be Taken Without OrderNo paper shall be taken from the court room or clerk's office, except by order of the court, or of one of the justices. No order will be made for leave to withdraw a transcript for examination, except upon written consent to be filed with the clerk. Writ of Error to Operate as SupersedeasWhere a writ of error is issued, upon filing the same and a sufficient bond or undertaking with the clerk of the court below, and upon giving notice thereof to the opposite party or his attorney, and to the sheriff, it shall operate as a supersedeas. The bond or undertaking shall be substantially the same as required in cases on appeal. RULE XXII. Time Concerning Writ-The writ shall not be allowed after the lapse of one year from the date of the judgment, order, or decree which is sought to be reviewed, except under special circumstances. RULE XXIII. Rehearing-Remittitur to Issue, When— Time may be Shortened or Extended-All motions for a rehearing shall be upon petition in writing, and filed with the clerk within fifteen days after the final judgment is rendered, or order made by the court, and publication of its opinion and decision. Personal service or service by mail upon Concerning Change of Venue-Additional counsel of a copy of the opinion and decision 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 no other argument shall be heard thereon. I appellant or respondent, when the parties 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 will be required for each fifty miles, or fraction of fifty miles, from Carson. RULE XXIV. Notice of Motion-In all cases where notice of a motion is necessary, unless, for good cause shown, the time is shortened by an order of one of the justices, the notice shall be five days. RULE XXV. 1. Transcripts may be Typewritten-To be Bound in Boards with Flexible Backs-All transcripts of the record in any action or proceeding may be typewritten. The typewriting shall be the first impression, clearly and legibly done, with best quality of black ink, in type not smaller than small pica, upon a good quality of typewriting paper, thirteen inches long by eight inches wide, bound in boards with flexible backs, in volumes of a size suitable for convenient handling and ready reference, and arranged and indexed as required by the rules of this court. When so typewritten such transcript, in the discretion of the party appealing, need not 2. Briefs may be Typewritten-Briefs and points and authorities, instead of being printed, may be typewritten upon the same paper and in the same style and form as is prescribed for typewritten transcripts. 3. Copy to be Served-Two Copies to be Filed-When so typewritten, but one copy of such transcript need be filed in the case; but a copy thereof shall be served upon the opposite party. Two copies of the briefs and points and authorities-viz., the first impression and a copy thereof shall be filed with the clerk, and a copy shall be served upon each opposite party who appeared separately in the court 'below. (As amended, October 25, 1911.) RULE XXVI. Payment of Advance Fee Required-Clerk Prohibited from Filing-No transcript or original record shall be filed or cause registered, docketed, or entered until an advance fee of twenty-five dollars is paid into the clerk's office, to pay accruing costs of suit. The clerk of the court is prohibited from filing or registering any record without first having received as a deposit the aforesaid fee. |