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WORDS APPELLANT AND RE

SPONDENT, WHAT THEY
INCLUDE.

Rule 10. Whenever the words appellant and respondent appear in these rules they shall be taken to mean and include plaintiff and defendant in error and other parties occupying like positions in a cause.

ABSTRACTS IN LIEU OF TRANSCRIPT,
WHEN FILED AND SERVED.

Rule 11. In those cases where the appellant shall, under the provisions of section 2253, Rev. St. 1889, file in the court a copy of the judgment, order or decree, in lieu of a complete transcript, he shall deliver to the respondent a copy of his abstract at least thirty days before the cause is set for hearing, and shall in like time file ten copies thereof with the clerk of this court. If the respondent is not satisfied with such abstract, he shall deliver to the appellant a complete or additional abstract at least fifteen days before the cause is set for hearing, and within like time file ten copies thereof with the clerk of this court. Objections to such complete or additional abstract shall be filed with the clerk of this court within ten days after service of such abstract upon the appellant, and a copy of such objections shall be served upon the respondent in like time. (As amended February 26, 1895.)

ABSTRACTS, WHEN FILED AND
SERVED.

Rule 12. In all cases where a complete transcript is brought to this court in the first instance, the appellant shall deliver to respondent a copy of his abstract of the record at least thirty days before the day on which the cause is set for hearing, and file ten copies thereof with the clerk of this court not later than the day preceding the one on which the cause is set for hearing. If the respondent desires to file a further or additional abstract, he shall deliver to the ap

pellant a copy thereof at least five days before the cause is set for hearing, and file ten copies thereof with the clerk of this court on the day preceding that on which the cause

is to be heard.

ABSTRACTS, WHAT THEY SHALL
CONTAIN.

es shall be stated in a narrative form, except when the questions and answers are necessary to a complete understanding of the evidence. When there is any question made over the pleadings, or as to the admissibility or legal effect of any documentary evidence, the pleadings and such documentary evidence must be set out in full with the indorsements thereon; and in all other respects the abstract must set forth a copy of so much of the record as is necessary to be consulted in the disposition of the assigned errors.

PRINTED TRANSCRIPTS.

Rule 14. A printed and indexed transcript duly certified by the clerk of the trial court may be filed instead of a manuscript record, and in all cases ten printed and indexed, uncertified copies of the entire record, filed and served within the time prescribed by these rules for serving abstracts, shall be deemed a full compliance with said rule and dispense with the necessity of any further ab. stracts.

BRIEFS, WHAT TO CONTAIN AND
WHEN SERVED.

Rule 15. The appellant shall deliver to the opposing party a copy of his brief thirty days before the day on which the cause is set for hearing, and the respondent shall deliver a copy of his brief to the opposing party at least five days before the last-named date, and the appellant shall deliver a copy of his brief in reply to the opposing party not later than the day preceding that on which the cause is set for hearing, and ten

copies of each brief shall be filed with the clerk on or before the last-named date.

All briefs shall be printed and shall contain separate and apart from the argument

or discussion of authorities, a statement, in numerical order, of the points relied on, together with a citation of authorities appropriate under each point. And any brief failing to comply with this rule may be disre

garded by the court.

The brief filed by appellant shall distinctly and separately allege the errors committed by the inferior court, and no reference will be permitted at the argument to the errors not thus specified, unless for good cause

shown the court shall otherwise direct.

In citing authorities, in support of any proposition, it shall be the duty of the counsel to give the names of the parties to any case cited from any report of the adjudged cases, as well as the number of the volume and the pages where the same will be found; and when reference is made to a passage in any elementary work or treatise, the number of the edition, the volume, section, paging or side paging shall be set forth.

Rule 13. The abstracts mentioned in rules 11 and 12 shall be printed in fair type, and shall be paged, and shall have a complete index at the end thereof, and shall set forth so much of the record as is necessary to a full and complete understanding of all the questions presented to this court for decision. Where there are no questions made over the pleadings, or over deeds or other documentary evidence, it shall be sufficient to set out the substance of such pleadings or docu- Rule 16. If any appellant in any civil case mentary evidence. The evidence of witness-' shall fail to comply with the rules numbered

FAILURE TO COMPLY WITH RULES 11,

12, 13 AND 15.

11, 12, 13 and 15, the court, when the cause is called for hearing, will dismiss the appeal or writ of error; or at the option of the respondent continue the cause at the cost of the party in default.

COSTS, WHEN ALLOWED FOR PRINTING ABSTRACTS AND RECORDS.

Rule 17. Costs will not be allowed either party for any abstract, filed in lieu of a full transcript under section 2253, Rev. St. 1889, which fails to make a full presentation of all the record necessary to be considered in disposing of all the questions arising in the cause. But in those cases brought to this court by a copy of the judgment, order, or decree instead of a full transcript, and in which the appellant shall file in this court a printed copy of the entire record as and for an abstract, costs will be allowed for printing the same.

In any case in which a manuscript record has been or may be filed in this court, a reasonable fee for printing an abstract of the record, or the entire record in lieu of an abstract, may be taxed as costs upon the written stipulation of both parties to that effect. The affidavit of the printer shall be received in every case, where costs may properly be taxed for printing, as prima facie evidence of the reasonableness thereof; and, if the adverse party objects thereto, such objection shall be filed within ten days after service of notice of the amount of such charge.

SERVICE OF ABSTRACTS AND BRIEFS.

Rule 18. Delivery of an abstract or brief to the attorney of record of the opposing party shall be deemed a delivery to such party under the foregoing rules, and the evidence of such delivery must be by the written acknowledgment of such opposing party or his attorney, or the affidavit of the person making the service, and such evidence of service must be filed in this court with the abstract or brief.

When appellants have been allowed to prosecute their appeal as poor persons, by the circuit court, counsel will be permitted to file typewritten briefs and statements. In cases in which the transcript has been filed thirty days before the day on which the cause is docketed, counsel for appellant shall file their statements, briefs and assignments of error fifteen days before the hearing, and the Attorney-General his brief and statement five days before the hearing.

When such transcript has been filed in this court fifteen days before the first day of the term at which such case is set for hearing, the appellant, or plaintiff in error, shall file his statement, brief and assignments of error five days before the first day of such term, and the Attorney-General shall have till on or before the first day of the term within which to file his brief and statement.

Hereafter no brief or statement shall be allowed to be filed in a criminal case out of time, as in this rule prescribed; nor will counsel who violate this rule be heard in oral argument, unless in exceptional cases, for good cause shown, by motion theretofore filed, heard and ruled on before the day set for the hearing of the case.

Ordered to be in full force and effect on and after September 1, 1913. (Adopted April 28, 1913.)

TAKING RECORD FROM CLERK'S

OFFICE.

Rule 20. No member of the bar shall be permitted to take a record from the clerk's office.

(Amended by the court in banc, July 15, 1911.)

MOTIONS FOR REHEARING.

Rule 21. Motions for rehearing must be accompanied by a brief statement of the reasous for a reconsideration of the cause, and must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court, or that the decision is in

SERVICE OF ABSTRACT AND BRIEFS conflict with an express statute, or with a

IN CRIMINAL CASES.

Rule 19. The attorneys for appellants, in criminal cases in which transcripts have been filed in the office of the clerk of this court sixty days before the day the cause is docketed for hearing, shall, at least thirty days before the day of hearing, file in the office of the clerk of the Supreme Court a printed statement, containing apt reference to the pages of the transcript, assignments of errors and brief of points and argument, and serve a copy thereof upon the Attorney-General, and, thereupon the Attorney-General shall, fifteen days before the day of trial, serve defendant or his counsel with a copy of his statement and brief.

When a criminal case shall be advanced on the docket the court shall designate the time for filing statements and briefs.

controlling decision to which the attention of the court was not called through the neglect or inadvertence of counsel; and the question so submitted by the counsel and overlooked by the court, or the statute with which the decision conflicts, or the controlling decision to which the attention of the court was not called, as the case may be, must be distinctly and particularly set forth in the motion, otherwise the motion will be disregarded. Such motion must be filed within ten days after the opinion of the court shall be delivered, and notice of the filing thereof must be served on the opposite counsel. After a cause has been once reheard and the motion for rehearing overruled either in division or in banc, no further motion for rehearing or motion to set aside the order overruling the motion for rehearing, by the same party, will

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be entertained by the court or filed by the pellant for any reason can not or does not clerk.

EXTENSION OF TIME.

Rule 22. Hereafter in no case will extension of time for filing statements, abstracts and briefs be granted, except upon affidavit showing satisfactory cause.

NOTICE TO ADVERSE PARTY.

Rule 23. A party, in any cause, filing a motion either to dismiss an appeal or writ of error, or to affirm the judgment, shall first notify the adverse party or his attorney of record, at least twenty-four hours before making the motion, by telegram, by letter, or by written notice, and shall on filing such motion, satisfy the court that such notice has been given.

Rule 24. A motion to transfer a cause under the provisions of the constitution from either division to court in banc must be filed within ten days after the final disposition of the cause by the division, and notice of such motion shall be given as provided in rule 23.

RETURN OF ORIGINAL WRITS. Rule 25. Original writs or other process issued by either division of the court, or by any judge in vacation, may be made returnable to and disposed of by such division, or the court in banc as such division or judge in vacation may order.

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WHEN APPEAL IS RETURNABLE-CERTIFICATE OF JUDGMENTTRANSCRIPT.

Rule 28. In all cases where appeals shall be taken or writs of error sued out to this court after January 1, 1902, the appellant shall file with the clerk of this court a full transcript or in lieu thereof a certificate of judgment as provided by section 813, Rev. St. 1899, within the time by said section provided, and the date of the allowance of the appeal and not the time of filing the bill of exceptions after the appeal is granted, shall determine the term of this court to which such appeal is returnable, and when the ap

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file a complete transcript, he shall file within the time allowed by said section of the statutes a certificate of judgment, and may thereafter file a complete transcript and abstract of the record, or simply an abstract of the record. And neither the fact that this court has heretofore held that the return term of the appeal is to be determined by the date of the filing of the bill of exceptions, nor the fact that for any reason a complete transcript could not be filed in time for the return term, shall be taken as an excuse, but in all such cases the appellant shall file a certificate of the judgment as and when required by said section 813, Rev. St. 1899. (Adopted at October sitting, 1901.)

Rule 29. The time allowed for oral argument and statement shall be an hour and ten minutes for appellant or plaintiff in error, or relator in original proceeding, and fifty minutes for respondent or defendant in error or respondent in original proceeding.

(Adopted at the January sitting, 1912.)

Rule 30. All motions, briefs, letters or communications in anywise relating to a matter pending in this court must be addressed to its clerk, who will lay them before the court in due course. Hereafter any letter or communication relating directly or indirectly to any pending matter, addressed personally or officially to any judge of this court, will be filed with the case and be open to the inspection of the public and opposing parties.

(Adopted July 13, 1912.)

Rule 31. All rules not included in the foregoing enumeration are hereby rescinded.

Rule 32. Hereafter an appellant, filing here a certified copy of the order granting an appeal, need not abstract the record entries showing the steps taken below to perfect such appeal. If the abstract state the appeal was duly taken, then absent a record showing to the contrary, by respondent, it will be presumed the proper steps were taken at the proper time and term.

Hereafter no appellant need abstract record entries evidencing his leave to file, or filing of, a bill of exceptions. It shall be sufficient if his abstract state the bill of exceptions was duly filed. The burden is then on respondent to produce here the record showing the contrary to be the fact, if he make the point.

Anything in any rule to the contrary is hereby abrogated.

(Adopted December 10, 1912.)

Rule 33. No original remedial writ, except habeas corpus will be issued by this court in any case wherein adequate relief can be afforded by an appeal or writ of error, or by application for such writ to a court having in that behalf concurrent jurisdiction.

Rule 34. No oral arguments will be granted by this court on applications for original remedial writs; and before such writs shall issue the applicant therefor shall give not less than five days' notice thereof to the adverse party, or his attorney. Such notice shall be in writing, accompanied by a copy of the application for the writ and the suggestions in support of same. The adverse party may file in this court suggestions in opposition to the issuance of the writ. Whenever the required notice would, in the judgment of the court, defeat the purpose of the writ, it may be dispensed with. On final hearing printed abstracts and briefs shall be filed in all respects as required in appeals and writs of error in other civil cases.

Rule. 35. No writ of certiorari shall be granted to quash the judgment of a Court of Appeals, on the ground that such court has failed or refused to follow the last controlling decision of the Supreme Court, unless the applicant for such writ shall give all parties to be adversely affected, or their attorneys of record, at least five days' notice of

such application; and the applicant shall, in the petition of not exceeding five pages, concisely set out the issue presented to the Court of Appeals and show wherein and in what manner the alleged conflicting ruling arose, and shall designate the precise place in our official reports where the controlling decision will be found. Said petition shall be accompanied by a true copy of the opinion of the Court of Appeals complained of, a copy of the motion for rehearing or to transfer the cause to this court, a copy of the ruling of the Court of Appeals on said motion, and suggestions in support of the petition not to exceed six printed or typewritten pages.

The notice to the party to be adversely affected shall be printed or typewritten, accompanied by a true copy of the petition and all exhibits and suggestions in regard thereto. The party to be adversely affected may file on or before the day preceding that fixed by the notice suggestions of not more than five printed or typewritten pages, stating the reasons why such writ should not issue.

(Rules 33, 34, and 35 adopted April 2, 1914.)

COURT OF APPEALS OF MISSOURI

Rules Governing Practice in the Kansas City Court of Appeals

from the clerk's office to the library room of

It is ordered by the court that the follows the court, and to no other place, and then

rules of practice in the Kansas City court of appeals shall be in force and observed from and after the first day of April, 1885: Rule 1.-PRESIDING JUDGE. The presiding judge shall superintend all matters of order in the court room and entertain and dispose of all oral motions.

Rule 2.-All motions in a cause shall be in writing, signed by the counsel and filed of record, and no motion shall be argued orally, unless the court so directs.

Rule 3.-HEARING OF CAUSES. No cause

shall be heard before it is reached in its regular order on the docket, unless circumstances exist such as entitle it to precedence; and any motion to advance a cause on the docket shall be accompanied by affidavits, showing particularly the facts on which such motion is based. When a cause is advanced, the record, as well as the briefs, shall be printed, unless the court shall otherwise order. This rule has no application to causes whereof this court has original jurisdiction.

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Rule 4. TAKING RECORDS FROM CLERK'S OFFICE. Counsel in a cause are permitted to take the records of such cause

they must leave a written receipt therefor, but shall not be retained from the clerk's office over night.

Rule 5.-DIMINUTION OF RECORDS. No suggestion of diminution of record in civil cases will be entertained by the court after joinder in error, except by consent of parties.

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cause, and will refrain from setting out any abandoned pleadings as part of the record, unless it be made such by a bill of exceptions; and no clerk shall insert in the transcript any matter touching the organization of the court, or any mention of any continuance, motion or affidavit in the cause, unless the same be specially called for by bill of exceptions.

In actions at law it shall not be necessary, | pleading as the only one of that order in the for the purpose of reviewing in this court the action of any circuit court, or any other court having by statute jurisdiction of civil cases, in giving or refusing instructions, that the whole of the testimony given or excluded at the trial in the court of first instance should be embodied in the bill of exceptions; but it shall be sufficient, for the purpose of such review, that the bill of exceptions should state that "evidence tending to prove" a particular fact or issue was given, and that an exception was saved to the giving or refusal of the instruction founded on it.

Rule 9.-BILL OF EXCEPTIONS WHEN GENERAL STATEMENT OF EVIDENCE IS ALLOWED BY TRIAL COURT. If the opposite party shall contend that there was no evidence tending to prove a fact or issue, and the court of first instance shall be of opinion that there was such evidence, it shall be the duty of the court to allow the bill of exceptions in the form stated in the last preceding rule, and then the other party shall be at erty to set out in a bill of exceptions, to be prepared by him, the whole of the testimony supposed by him to be applicable to such fact or issue, and to except to the opinion of the court that the same tends to prove such fact or issue.

Rule 13.-PRESUMPTION THAT BILL OF

EXCEPTIONS CONTAINS ALL THE EVI DENCE. The only purpose of a statement in a bill of exceptions, that it sets out all the evidence in the cause, being that this court may have before it the same matter which was decided by the court of first instance, it shall be presumed, as matter of fact, in all bills of exceptions, that they contain all the evidence applicable to any particular ruling to which exception is saved.

Rule 14.-BILL OF EXCEPTIONS IN EQUITY CASES. In all cases of equitable jurisdiction the whole of the evidence shall be emlib-bodied in the bill of exceptions, unless the parties shall agree upon an abbreviated statement thereof.

Rule 10.-EVIDENCE-BILL OF EXCEPTIONS TO BE ALLOWED, WHEN. If the court of first instance shall be of opinion that there is no evidence tending to prove a particular issue of fact, the party alleging that there is such evidence shall tender a bill of exceptions detailing all the evidence given and supposed to tend to the proof of such fact or issue, and except to the opinion of the court that it does not so tend, which bill of exceptions shall be allowed by the court by which the cause is tried.

Rule 11.-EXCEPTIONS-QUESTIONS TO BE EMBODIED IN BILL. When an exception is saved to the admission or exclusion of any evidence, or the allowance or disallowance of any question, the question itself shall be stated in the bill of exceptions, or the substance of the evidence shall be fully stated.

Rule 12.-DUTY OF CIRCUIT COURT CLERKS IN MAKING TRANSCRIPTS. The clerks of the several circuit courts and other courts of first instance, before which a trial of any cause is had, in which an appeal is taken or writ of error is sued out, shall not (unless an exception is saved to the regularity of the process or its execution, or to the acquiring by the court of jurisdiction in the cause), in making out transcripts of the record for this court, set out the original or any subsequent writ, or the return thereof, but in lieu thereof shall say (e. g.): "Summons is sued on the day of 188, executed on the day of -, 188-;" and if any pleading be amended the clerk in making out transcripts will treat the last amended

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Rule 15.-ABSTRACT AND BRIEFS TO BE FILED AND SERVED. In all cases the appellant or plaintiff in error shall file with the clerk of this court, on or before the day next preceding the day on which the cause is docketed for hearing, five copies of a printed abstract or abridgment of the record in said cause, setting forth so much thereof as is nections presented to this court for decision, toessary to a full understanding of all the quesgether with a brief containing in numerical order, the points or legal propositions relied on, with citation of such authorities as counsel may desire to present in support thereof.

The appellant or plaintiff in error shall also deliver a copy of said abstract, brief, points and authorities to the attorney for respondent, or defendant in error, at least twenty days before the day on which the cause is docketed for hearing, and the counsel for respondent, or defendant in error, shall, at least eight days before the day the cause is docketed for hearing, deliver to the counsel for appellant, or plaintiff in error, one copy of his statement, brief, points and authorities cited, and such further abstract of the records as he may deem necessary, and shall, on or before the day next preceding the day on which said cause is docketed for hearing, file with the clerk of this court five copies of the same; and the counsel for appellant, or plaintiff in error, may, if he desires, within five days after the service on him of the respondent's, or defendant in error's, abstract and brief of aforesaid, file and serve a reply thereto in the manner aforesaid; and the evidence of the service of such abstracts, briefs, points and authorities, as above required, shall be filed by each party at the time of filing said copies with the clerk.

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