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steps required by this rule to be taken by other cause whatsoever within the time prethe party so seeking to appeal have been so scribed by this rule such evidence, may be taken by him within the time required, and settled by any other judge of the court preof the expiration of the time herein limited sided over by the judge who heard said for the service of the proposed amendments cause or proceeding, and in case there shall by said adverse party, shall certify and set- be no such other judge of such court, or tle the case in the manner and form as pro- in case of his or their absence or disabilposed by the party seeking to appeal as the ity from any cause, then such evidence may case on appeal therein.

be settled by any circuit judge of an ad(f) It shall, however, in all cases be law- joining circuit. ful for the parties, or their solicitor, to agree

(h) The judge who heard such cause or upon a statement of the facts without pro- proceeding, or any other circuit judge holdcuring the stenographer's minutes of the ing court within the judicial district and testimony taken at the trial and in case of duly qualified to preside over the court where such agreement, and if satisfactory to him, such cause or proceeding was heard, may the judge who heard said cause or proceed- grant an extension or extensions of the time ings, or any other judge with authority in for making, settling, signing and filing such the premises by virtue of this rule, shall

case on appeal for such a period in addisign and certify to such statement, and such tion to the time hereinbefore allowed as statement so signed and certified shall stand shall not make the whole time in which to as the case for review on appeal to the Su- settle said case exceed one year from and preme Court in such cause.

after the filing and entry of the final order (g) Whenever the judge who heard said such extensions shall only be granted upon

or decree sought to be appealed from, but cause or proceeding shall die, resign or vacate the office before the expiration of his

cause shown and due notice to the adverse term, or whenever such judge shall be un party, or his solicitor of record, of the hearable to settle such evidence by reason of

ing of the application therefor. sickness, absence from the state or for any Adopted February 3, 1910.

AMENDMENT TO

TO RULES

SUPREME COURT OF MICHIGAN *

SUPREME COURT RULES 38 AND 42.

Supreme Court Rules 38 and 42 were amended December 22, 1904, so as to require

18 copies of record and briefs to be filed, instead of 12.

*For rules as previously adopted, see 68 N. W. viii.

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RULE 1.

is appealed shall transmit a complete copy Duties of CLEBR.] The clerk shall keep of the record and of all bills of exceptions, a complete record of all proceedings of the together with an assigument of errors and court, and shall perform all the duties per- prayer for reversal, and embracing the certaining to his office. He must not allow any tificate of the judge provided in section 490, written opinion of the court, or any original Rev. Code Criminal Proc., and certify the record or paper pertaining to his office, to be same under his hand and seal of the court, taken therefrom by any person, except the and transmit the same to the clerk of this Supreme Court reporter, without an order court. Which certificate shall be substantial. from the court or one of the judges thereof.ly in the following form: He shall promptly announce every decision Form of Clerk's Certificate in Criminal Cases. rendered, to one of the attorneys on each I, A. B., clerk of the circuit (or county or side, except when such attorneys are in at- municipal) court within and for said county of tendance upon the court.

in the ...... judicial circuit (or city of

.) of the state of South Dakota, do here

by certify and return in obedience to the annexRULE 2.

ed writ of error (or notice of appeal), that the

above and foregoing is a full, true, correct and WRITS OF ERROR AND CITATIONS IN CRIM- complete copy and transcript of the record of INAL Cases.) When a writ of error shall be this action, to-wit: Of the indictment (or in. issued in a criminal cause, a citation to the formation), of the minutes of the plea (or deadverse party must issue directing such party murrer) and of the minutes of the trial; of the

charges given and refused, and the endorsements to be and appear in this court to answer at thereon; and of the judgment, and also the bill such time as shall be fixed by the court for of exceptions, the assignment of errors and praybearing of said cause. Such citation shall be er for reversal, and of the certificate of the judge

in the foregoing entitled cause wherein the State. issued by the clerk of this court and be by of South Dakota is plaintiff and .... is debim delivered, or sent by mail, to the plaintiff fendant, as the same now remains of record in in error, or his attorney, who shall cause said court. the same to be served on the adverse party hand and affixed the seal of said court this

In witness whereof I have hereunto set my or his attorney within five (5) days from re

.... day of ......, A. D. 19... ceipt thereof.

Clerk.
RULE 3.

RULE 5.
SERVICE OF NOTICES AND PAPERS IN CRIM-
INAL CASES.) In all criminal causes the par-

TRANSMISSION OF COPY OF NOTICE OF APty suing out the writ of error or giving no- PEAL IN CRIMINAL CASES.) Appellant, with. tice of appeal, shall, within ten (10) days in ten days after notice of appeal in a crimafter the date of the citation or of such no

inal cause, shall transmit a copy of such no. tice

, serve upon the Attorney General a copy tice of appeal, to the clerk of this court, to-
of such citation or notice, and after the date gether with any fees required by law.
of the issuance of such citation or the filing
of the notice of appeal all papers shall be

RULE 6.
served on the Attorney General as well as TRANSMISSION OF COPY OF NOTICE OF AP-
upon the state's attorney and notice of every PEAL IN CIVIL CASES.) Appellant, within
proceeding taken therein, either before this ten (10) days after the appeal has been per-
or the trial court, shall be served on the At- fected in civil causes, shall cause to be trans-
torney General as well as upon the state's mitted to the clerk of this court a copy of
attorney,

such notice of appeal together with fees RULE 4.

required by law. TRANSMISSION OF PAPERS BY CLERK IN

RULE 7. CRIMINAL CASES.) Where appeal is taken or ABSTRACT NUMBER OF COPIES AND Serv. writ of error is sued out in criminal cases, ICE.) In all civil causes the appellant shall, the clerk of the court from which the cause I within thirty (30) days after notice of ap

iled, to

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peal, unless a bill of exceptions or statement, bill of exceptions, or statement, epitomize the of the case is yet to be settled at time of no same carefully so as only to present the matter tice of appeal and, in such case, within thirty in regard to which error is alleged.) (30) days after settlement of such bill of ex

Instructions. ceptions or statement of the case, serve upon At the proper time the plaintiff (or the defendcounsel for each opposing party one (1) copy, ant, as the case may be) asked the court to give and transmit to the clerk of this court at each of the following instructions to the jury:

(Set out the instructions referred to and conleast fifteen (15) copies, of an abridgment or tinue:) abstract of the record in the cause, setting Which the court refused as to each instrucforth so much thereof only as is necessary to tion, to which several rulings the plaintiff (or a full understanding of all the questions pre- defendant) at the proper time excepted, and sented to tbis court for decision. The ab- tions to the jury:

thereupon the court gave the following instrucstract shall be prepared and printed in sub (Set out the instructions.) stantially the following form:

To the giving of those numbered (give the

numbers, if numbered) or (if not numbered) to In the Supreme Court,

the giving of the following portions thereof (set

ting out the portions), and to the giving of each State of South Dakota,

thereof, plaintiff (or defendant) at the proper .. Term, 19...

time specifically excepted. Appellant

Verdict. John Doe, Plaintiff and { Respondent as}

On the ( case may be. j

day of

19.., the jury returned the following verdict into court: [ Appellant

(Set out the verdict.). Richard Roe, Defendant and Respondent as

(If the case be tried by the court, instead of | case may be. J

the instructions and verdict of the jury, set out

so much of the findings of fact and conclusions Complaint.

of law, and requests for findings, if any, togethThe plaintiff in his complaint states his cause

er with the exceptions relating thereto, as may of action as follows:

be necessary to present the errors complained (Set out all the complaint necessary to an un- of.) derstanding of the questions to be presented to

Motion for New Trial. this court, and no more. In setting out exhib On the ..... day of ...., 19.., the plainits omit all merely formal or irrelevant parts, tiff (or defendant) moved for a new trial upon as for example, if the exhibit be a deed or mort- the following grounds: gage and no question is raised as to the ac

(Set out the grounds for new trial.) knowledgment, omit the acknowledgment. When On the ...... day of

19.., the court the defendant has appeared it is useless to en- made the following rulings upon said motion: cumber the record with the summons or the re

(Set out the record of the rulings) to which turn of the officer.)

the plaintiff (or defendant) at the proper time Demurrer.

excepted.

Judgment. To which complaint the defendant demurred,

On the .. setting up the following grounds:

day of

19.., the fol(State only the grounds of the demurrer, omit- lowing judgment was entered: ting all formal parts. If the pleading was at

(Set out the judgment entry (or order] appeal. tacked by motion below and the ruling thereon

ed from.) is one of the questions to be considered: set out tiff (or defendant) perfected an appeal to the

On the
day of

19.., the plainthe motion in the same way and continue.) And on the day of ...

the

Supreme Court of the state of South Dakota by same was submitted to the court, and the court serving upon the defendant (or plaintiff, as the made the following ruling thereon:

case may be) and the clerk of the

of (Ilere set out the ruling.. In every instance ing what was appealed from and what orders,

county, a notice of appeal (specifylet the abstract be made in the chronological or if any, are sought to be reviewed), and by servder of the events in the case--letting each ruling appear in the proper connection. If the des ing and filing an undertaking (when required by

law.) fendant pleaded over, and thereby waived his right to appeal from these rulings, no mention

(If supersedeas bond was filed state the fact.) of them should be made in the abstract; but

Assignment of Error. it should continue.)

And the appellant herein says there is maniAnswer.

fest error on the face of the record, in this: Which complaint the defendant answered, set

(Set out the errors assigned.) ting up the following defenses:

(This outline is presented for the purpose of (Here set out the defenses, omitting all form-indicating the character of the abstracts contemal parts. If motions or demurrer were inter- plated by the rule, which, like all the rules, is posed to the pleading, proceed as directed with to be substantially complied with. Of course reference to the complaint. Frame the record no formula can be laid down applicable to all so that it will properly present all questions to

The rule to be observed in abstracting be reviewed and raised before issue is joined. I a case is: PRESERVE EVERYTHING M12 When the record shows issue joined, proceed.) TERLAL TO THE QUESTION TO BE DEOn the

day of 19. ., said cause CIDED AND OMIT EVERYTHING ELSE.) was tried by a jury (or the court, as the case The abstract must be accompanied by a may be) and on the trial the following proceedings were had:

compete index of its contents. (Set out so much of the bill of exceptions, or statement, as is necessary to show the rulings

RULE 8. of the court to which exceptions were taken during the progress of the trial; and if the evi

ASSIGNMENT OF ERRORS-FORM OF, ETC.)

19..,

court

cases.

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lant shall append to and print with his ab- , ment of bill of exceptions or statement of
stract an assignment of errors, which assign- case, and except; where under chapter 4,
ment need follow no stated form, but must | Rev. Code of Criminal Procedure the defend-
in a way as specific as the case will allow, ant is entitled to file in this court typewrit-
point out the errors objected to, and only ten copies of abstract and brief, he shall file
such as he expects to rely on and ask this herein eight (8) copies of separate abstract
curt to examine. Among several points in and brief.
a demurrer, in a motion, in the instructions,

RULE 12.
or in other rulings excepted to, it must desig-

ORAL ARGUMENTS AND NOTICE THEREOF.] nate which is relied on as error, and the No party will be entitled or permitted to court will, in its discretion, only regard er- make oral argument in any cause unless such rors which are assigned with the requisite party shall have filed and served a printed exactness. And in criminal causes the coun- brief containing a citation of all authorities sel for the plaintiff in error shall also file relied upon by such party. Any party desiring an assignment of errors in this court, specific- to make oral argument in any cause pending ally setting forth the errors he desires to before the court on appeal or writ of error have reviewed, as in this rule provided,

shall give notice thereof at the conclusion of

his printed brief. No party will be entitled RULE 9.

to make oral argument in any cause unless RESPONDENT'S ABSTRACT AND SERVICE OF.] notice thereof is so given in the printed brief ; If the respondent shall deem the abstract of provided that, where a respondent demands the appellant imperfect or unfair, he may oral argument after an appellant has waived within thirty (30) days after receiving the the same, the appellant may be permitted same, deliver to the counsel of the adverse also to make oral argument, by filing notice party, one printed copy, and deliver or mail thereof with the clerk of the court within to the clerk of this court at least fifteen (15) ten (10) days after the service of respondent's printed copies of such further or additional brief. In case neither party shall give notice abstract as he shall deem necessary to a full of oral argument as aforesaid, after the filunderstanding of the questions presented to ing of all abstracts and briefs, or the expirathis court for decision.

tion of the time for such filing, the said Either party, however, upon notice, or or- cause, when any briefs are filed, shall be der to show cause, and upon satisfactory placed on the term calendar and disposed showing that through mistake or excusable of as directed by the Presiding Judge, withneglect, he has made or consented to an ab-out notice to either party. In all causes stract which is incorrect or imperfect in any where no brief is filed by the appellant the material respect, designated in the notice, appeal will be deemed abandoned and dismay have an order of the court allowing him missed. A respondent will not be required to file a supplemental abstract upon such or permitted to file a brief where none has terms as to the court shall seem just.

been served or filed by appellant.

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RULE 10.

RULE 13.
BRIEFS-SERVICE OF, ETC.) In all civil

Form, SIZE AND Cost OF ABSTRACTS AND causes the appellant shall, within the time BRIEFS.) All abstracts and briefs, in causes fixed by rule 7 for service of his abstract, heard on appeal or by writ of error, shall be serve upon counsel for each opposing party printed on 28x42 80 lbs. white book paper or one (1) copy, and transmit to the clerk of this other white paper of equal or better quality. court at least fifteen (15) copies, of his brief; Neither less than 11 nor more than 12 point within thirty (30) days from the date of type shall be used. Each printed page, exservice of appellant's brief, the respondent cept the first, last and those occupied by the shall serve on counsel for appellant one (1) | index, shall have 28 lines and be 42 pica ens cops, and transmit to the clerk of this court in length, exclusive of page numbers. All at least fifteen (15) copies of his brief. printed pages shall be 21 pica ems in width,

exclusive of folio numbers. The finished RULE 11.

book shall be trimmed to precisely 1014 inchABSTRACTS

BRIEFS CRIMINAL es in length and 634 inches in width. On the Cases.] Rules 7, 9 and 10 are hereby made first page of the cover shall appear the title applicable as well to criminal causes except: of the cause, the court and county in which, the time for service and transmission of ap- and the name of the judge before whom, it pellant's abstracts and briefs, shall be with was tried, to which may be added the name in thirty (30) days from date of writ of error or names of counsel. No charge for printing or notice of appeal, unless bill of exceptions the books mentioned in this rule shall be alor statement of case is yet to be settled at lowed as a disbursement unless its requiredate of notice of appeal or writ of error, and, ments are complied with, nor shall any party in such case, such service and transmission be allowed for any portion of an abstract or

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AND

IN

Of com cable to a

abstraction HING IN O BE DE NG ELSE inied bf 1

er presentation of the cause in this court. , for serving last brief may by direction of the Disbursements for printing under this rule Presiding Judge be placed upon the calendar shall not exceed what has been actually and of the current term for hearing; and when necessarily expended or incurred by the party a cause shall be so placed upon the calendar, seeking to have the disbursement allowed, the date fixed for hearing shall be not less nor, in any case, exceed $1.00 per page for than · twenty (20) days from the date the the first fifty (50) pages, including one page cause is placed upon the calendar. The clerk for the cover, and seventy-five (75) cents for shall give all parties or their attorneys imeach additional page. If any abstract or mediate notice that said cause has been placbrief which does not conform to the require- ed on the calendar and the date set for hearments of this rule, as to quality of paper, ing same. size of type, size of printed page, or size of

RULE 17. finished book, is offered for filing, the same

DATES FOR CALLING CAUSES AND FOR MOshall be refused by the clerk and immediately TIONS.) The dates for calling causes and the returned with a statement of the objections order thereof shall be as fixed on the calthereto.

endar subject to such changes as may be diRULE 14.

rected by the court through its Presiding ABSTRACTS AND BRIEFS IN ORIGINAL AC- Judge. TIONS AND PROCEEDINGS.] The court, in its The second day of the term as fixed by discretion, may require all original actions statute, shall be motion day for the causes and proceedings, except habeas corpus, to be then on calendar. Motion days for causes presented for argument on printed abstracts placed on calendar after beginning of term, and briefs; and when it is so ordered, the shall be fixed by the presiding judge from abstracts and briefs shall be printed in ac- time to time and the clerk shall give notice cordance with Rule 13.

thereof when advising parties that their

cause is placed on calendar. RULE 15.

No cause shall be heard prior to date fixed FAILURE TO SERVE OR TRANSMIT ABSTRACT on calendar, except by stipulation of parties OR BRIEF.) Parties shall transmit to the and leave of the court. clerk of this court, with all abstracts and

RULE 18. briefs, proof of due service of the same. No abstract or brief not served and trans

NUMBER OF COUNSEL TO ARGUE CAUSEmitted within the times provided for in rules SUBMISSION OF CAUSE ON BRIEFS.] Only two 7, 9, 10 and 11 or such further time as may counsel shall be permitted to argue for each be stipulated for by the parties, shall be filed party in a cause, except in capital cases, and by the clerk of this court.

the court may limit the time to be occupied

by counsel for each side, before the argument RULE 16.

shall commence; and any cause may be sub

mitted on printed arguments or briefs. MAKING UP OF CALENDAR.) All criminal causes shall be placed first upon the calendar

RULE 19. prepared at the beginning of each term, and in the order of the dates of notices of appeal

ARGUMENT-LENGTH OF TIME.] In the arand writs of error. Civil cases preferred un- gument of causes not more than one hour and der the statute shall immediately follow the fifteen minutes shall be occupied by counsel criminal cases on such calendar and shall be for appellant and forty-five minutes by counplaced thereon in the order of dates of no- sel for respondent, unless by the express tices of appeal.

permission of the court, obtained before the All other civil cases shall be placed upon commencement of the argument. the calendar prepared at the beginning of each term, in the order of the several judicial

RULE 20. circuits, commencing with the first. The APPLICATIONS FOR REHEARING.] Unless causes for each circuit shall appear on such otherwise ordered by the court, or presiding calendar according to the dates of the no-judge, no cause, civil or criminal, heard on tices of appeal.

appeal or by writ of error, shall be remanded No cause shall be placed upon the calendar for thirty (30) days after decision upon the prepared at the beginning of a term, unless merits, during which time either party may the record from the lower court together with apply for a rehearing by serving and filing a all briefs therein shall be filed in this court typewritten petition wherein the grounds of at least fifteen days before the opening day of the application shall be stated in clear and such term, or the date for filing such briefs concise language without unnecessary repehas expired. The dates for hearing causes tition and without argument. Eight copies appearing on the calendar shall be fixed by of the petition with proof of service shall be the clerk of this court under the direction of filed with the clerk, and the party opposing the Presiding Judge. Any cause, civil or the petition may, within ten (10) days after

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