ence is made in the assignment of errors, | ted case for oral argument at any designated the appeal or writ of error may be dismissed. Briefs of Counsel. Rule 20. The brief of counsel for appellant or plaintiff in error shall contain a statement of the errors relied upon and the authorities to be used in the argument, and eight copies thereof shall be filed with the clerk of this court within forty days after the day fixed by rule for the filing of his ab stracts. Two copies of such brief may be withdrawn by counsel for appellee or defendant in error, and the other copies shall be for the use of the justices of the court. Rule 21. If the brief of appellant or plaintiff in error shall be filed in compliance with the foregoing rule, the appellee or defendant in error, if the latter shall have joined in error pursuant to rule, shall file with the clerk eight copies of his brief within forty days after the expiration of the time mentioned for the filing of the brief of appellant or plaintiff in error. Twenty days thereafter shall be allowed for the reply of appellant or plaintiff in error, eight copies of which shall be filed, as provided in case of other briefs. Rule 22. For good cause shown, the court, or a justice thereof in vacation, may extend the time for the filing of abstracts and briefs. Rule 23. All abstracts of the record and briefs of counsel shall be printed upon octavo pages, in pamphlet form. Upon expiration of the time provided in the foregoing rules for the filing of abstracts and briefs, the cause shall be placed upon the submission docket. In any cause upon the submission docket wherein no briefs have been filed by appellant or plaintiff in error under the standing rule, or an order granting further time, the appeal or writ of error may be dismissed, without notice, for want of prosecution. Rule 24. The application of the foregoing rules concerning the filing of abstracts and briefs shall not be suspended by any motion filed in a cause, except by order of the court, or one of the justices thereof. Rule 25. In citing cases from published reports, the names of the parties as they appear in the title of the cases, as well as the book and page, shall be given. Rule 26. Counsel who have not complied with the rules relating to briefs will not be heard. Oral Argument. time, and the clerk will notify the parties. Rule 28. The party holding the affirmative shall begin and conclude the argument upon the hearing of any matter before the court. Motions. Rule 29. All motions shall be in writing: and at least twenty-four hours' written notice of the time at which any motion will be heard shall be given the opposite party, (unless such notice shall be waived,) except in ex parte proceedings, or where no appearance shall be entered by the opposite party. Withdrawal of Papers. Rule 30. No papers shall be taken from the files except by leave of court, but appellants and plaintiffs in error may withdraw the transcript of the record for the purpose of making abstracts, upon giving receipt therefor to the clerk, and upon such withdrawal may retain the same for eight days, and no more. If the appellee or defendant in error shall desire to make an abstract of the record, he may withdraw the transcript upon giving the like receipt, and retain the same for the like time. Neither party shall withdraw the transcript of the record more than once. Agreed Case. Rule 31. No judgment will be pronounced on any agreed case, unless an affidavit of some credible person shall be filed, setting forth that the matters presented by the record are litigated in good faith about a matter in actual controversy between the parties, and that the opinion of this court is not sought with any other design than to adjudicate and settle the law relative to the matter in controversy between the parties to the record. Rehearing of Causes. Rule 32. Application for rehearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points wherein it is alleged that the court has erred, such petition to be filed within fifteen days next after the filing of the opinion in the cause. Counsel may accompany such petition with a brief of the authorities relied upon in support thereof. Rule 33. The filing of a petition for a rehearing shall suspend proceedings under the decision until the petition is disposed of, unless the court in term time, or one of the justices in vacation, shall otherwise order. Rule 27. Any cause upon the submission docket may be moved by either party for oral argument. Such motion shall be deliv- Rule 34. Upon the determination of a petiered to the clerk, and filed with the papers tion for rehearing, or if, within fifteen days. in the cause. Prior to reaching such cause after final judgment, no such petition shall for decision the court will fix a day for the have been filed, the clerk shall issue remitargument, due notice of which will be given titur to the court below, or, if in an original the parties by the clerk. And the court will, proceeding, issue a certified copy of the final upon its own motion, set down any submit-judgment, upon payment, by the party de siring such remittitur or copy of final judg- the necessary matter requisite by the rules ment, of the balance of costs, if any, due the clerk in the cause; and, if entitled thereto, the party paying costs may have execution or fee bill out of this court therefor. Costs. Rule 35. Upon printed abstracts being furnished, as required in the foregoing rules, it shall be the duty of the clerk, unless otherwise ordered, to tax a printer's fee, at the rate of thirty cents for each one hundred words of one copy of such abstract, against the unsuccessful party not furnishing such abstract, as costs, to be recovered by the successful party furnishing the same. Rule 36. Clerks of district courts and other courts of record shall be entitled to receive the fees allowed by law for all copies of rec ords before delivering the same, except in criminal causes where the defendants are unable to pay for transcripts of the record, and the trial judge shall have ordered the same to be furnished without charge. Rule 37. Upon the filing of any suit or proceeding in this court there shall be paid to the clerk, by the party filing the same, the sum of twenty dollars, ($20.00,) which shall be for and in full payment of all clerical costs of such party in the cause, except for copies of papers; and upon the entry of appearance the opposite party shall pay to the clerk the sum of five dollars, ($5.00,) which shall be for and in full payment of the like costs of said party in the cause. Upon the final termination of the cause in this court the successful party shall have judgment and execution against the unsuccessful party for the amount of said payment, together with any other costs or damages awarded by the court pursuant to law or the rules of this court. In of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it necessary or proper that the writ should issue originally from this court, and not from such other court. The sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application. case any court, justice, or other officer, or any board or other tribunal, in the discharge of duties of a public character, be named in the application as respondent, the petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings; and in such case it shall be the duty of the applicant obtaining an order for any such writ to serve, or cause to be served, upon such party or parties in interest, a true copy of the petition, and of the writ issued thereon, in like manner as the same is required to be served upon the respondent named in the application and proceedings, and to produce and file in the office of the clerk of this court the like evidence of such service. Rule 39. In case an executor, administrator, or conservator of the peace is a party to an action in this court in that capacity, after the same is put at issue and submitted in accordance with the rules of this court, the person or party so prosecuting or defending in such representative capacity may have the cause advanced to the head of the submission docket, upon motion, without further showing in support thereof. Rule 40. On the second Monday of each month the first twenty-five cases then undisposed of on the submission docket will be called. Application in person or by attorney for oral arguments in any such cases Application for Original Writs. must then be made, when they will be set Rule 38. In any application made to the down as the business of the court may percourt for a writ of habeas corpus, manda- mit. If no application be made, the causes mus, quo warranto, certiorari, injunction, or will stand upon the submission docket for for any prerogative writ to be issued in the determination. Stipulations for an oral arexercise of its original jurisdiction, and for gument may be entered into between parwhich an application might have been law-ties, save as to time, which will be fixed by fully made to some other court in the first the court, of which attorneys must take noinstance, the petition shall, in addition to tice. SUPREME COURT OF NEVADA. RULE XXV. 1. Hereafter 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 be printed; but, if printed, all the rules concerning the same shall still apply thereto. 2. 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. When so typewritten, but one copy of such transcript need be filed in the case, but a copy thereof shall be served on 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. AMENDMENTS TO RULES. SUPREME COURT OF UTAH TERRITORY. It is ordered by the court that rule 21 of by adding, at the end thereof, the following: the rules of practice of this court, revised and adopted January 28, 1891, be amended by inserting after the word "due," in the third line of said rule 21, the words "the clerk;" and after the word "cause," in the same line, the words "from the appellant." Promulgated January 14, 1892. It is ordered by the court that rule 10 of the rules of practice of this court, revised adopted January 28, 1891, be amended "For failure of the appellant to file his brief of points and authorities as required in this rule, the court may, in its discretion, affirm the judgment appealed from, dismiss the appeal, or may examine the record, and render such judgment as it may deem just; and, for failure of respondent to file his briefs as required by this rule, he shall not be heard on the merits of the cause." Promulgated June 22, 1893. |