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CASES ARGUED AND DETERMINED
CIRCUIT COURTS OF APPEALS AND CIRCUIT
CIRCUIT COURT OF UNITED STATES,
Eastern District of Pennsylvania.
ADDITIONAL RULE OF COURT.
Ordered, that Additional Rules in Equity, Nos. IX., X., XI., and XV., be and they are hereby repealed; and that for Equity Rule XVIII., adopted May 24, 1899, and the amendment thereto made February 20, 1900, there shall be substituted the following
ADDITIONAL EQUITY RULE NO. -.
The plaintiff shall in every case file with the clerk of this court, at least thirty days before argument on pleadings and proofs, five copies of a printed brief, and shall at the same time furnish five copies thereof to opposing counsel. This brief shall include a statement of the facts claimed by the plaintiff to be established by the evidence. The statement shall be positive, not argumentative. It shall follow an orderly method, and shall be divided into paragraphs consecutively numbered. As a rule, no paragraph shall contain more than one fact; but when any fact is claimed to be inferable from other facts, the primary facts and the ultimate fact deduced therefrom shall all be distinctly stated and in the same paragraph.
The defendant shall, within fifteen days thereafter, file with the clerk five copies of a printed brief, and shall at the same time furnish five copies thereof to opposing counsel. This brief shall include a statement of the facts claimed by the defendant to be established by the evidence, which statement shall conform to the requirements above prescribed with respect to the plaintiff's statement, and shall separately set forth, first, an admission or denial of each of the facts asserted in the plaintiff's statement; and, second, such other facts as the defendant claims to have been established.
The plaintiff may, at his option, within five days thereafter, file five copies of a brief in reply, and shall at the same time furnish five copies thereof to opposing counsel. This brief shall contain a statement of the admission or denial of each of the facts set up for the first time in the defendant's statement. The said reply brief and the statement contained therein must, however, be strictly responsive to the new matter contained in the brief and statement of the defendant. In any case where the statements herein provided for shall not have been filed by either party, the facts stated in the statement of the opposite party will be taken as admitted.
The respective statements of fact must be printed at the beginning of the briefs; and, in discussing the evidence, giving the reasons why the facts proposed should or should not be regarded as established, the briefs of each counsel shall follow the order adopted in the said statements of fact respectively, supporting first his own propositions, and afterwards attacking the propositions of his opponents. Each brief shall also contain a separate and distinctly enumerated statement of the legal propositions relied on, supported by such arguments and citation of authorities as counsel may deem appropriate; but the legal arguments shall, as far as possible, pursue the order of the statements of fact.
The counsel on both sides may at any time before final hearing, by written stipulation filed with the clerk, agree upon the reference of the issues in the case to a master, and may agree by such stipulation that the person selected shall also act as examiner.
It will be the duty of the master to find all the material facts and to state his legal conclusions, subject in all respects to the review by the court upon exceptions to his report, which shall be filed as required by rule 83. Exceptions to the report of such a master may be ordered down by either counsel on any day appointed for the hearing, upon fifteen days' notice to the other side. Where a master is appointed, compliance with the foregoing provisions respecting the filing of briefs and statements of fact will not be requisite.
February 19, 1901.
UNITED STATES CIRCUIT COURTS OF APPEALS AND THE CIRCUIT AND DISTRICT COURTS.
Hon. HORACE GRAY, Circuit Justice...
Hon. RUFUS W. PECKHAM, Circuit Justice..
Hon. WILLIAM K. TOWNSEND, District Judge, Connecticut.
Hon. GEORGE SHIRAS, Jr., Circuit Justice.......
Hon. EDWARD G. BRADFORD, District Judge, Delaware..
Washington, D. C.
Washington, D. C.
Hon. ANDREW KIRKPATRICK, District Judge, New Jersey..
Hon. JOHN B. MCPHERSON, District Judge, E. D. Pennsylvania......Philadelphia, Pa. Hon. JOSEPH BUFFINGTON, District Judge, W. D. Pennsylvania..........Pittsburgh, Pa.
Hon. MELVILLE W. FULLER, Circuit Justice...
Hon. CHARLES H. SIMONTON, Circuit Judge.......
..Washington, D. C. .....Albany, N. Y. .New York, N. Y. .Hartford, Conn. .New Haven, Conn. ........Utica, N. Y. .New York, N. Y. Liberty St., New York. .... Brattleboro, Vt ...Buffalo, N. Y.
.Washington, D. C. ......Clarksburg, W. Va. ..........Charleston, S. C. ........Baltimore, Md.