steps required by this rule to be taken by the party so seeking to appeal have been so taken by him within the time required, and of the expiration of the time herein limited for the service of the proposed amendments by said adverse party, shall certify and settle the case in the manner and form as proposed by the party seeking to appeal as the case on appeal therein.

other cause whatsoever within the time prescribed by this rule such evidence, may be settled by any other judge of the court presided over by the judge who heard said cause or proceeding, and in case there shall be no such other judge of such court, or in case of his or their absence or disability from any cause, then such evidence may 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 the premises by virtue of this rule, shall sign and certify to such statement, and such statement so signed and certified shall stand as the case for review on appeal to the Supreme Court in such cause.

(g) Whenever the judge who heard said cause or proceeding shall die, resign or vacate the office before the expiration of his term, or whenever such judge shall be unable to settle such evidence by reason of sickness, absence from the state or for any

for making, settling, signing and filing such
case on appeal for such a period in addi-
tion to the time hereinbefore allowed as
shall not make the whole time in which to
settle said case exceed one year from and
after the filing and entry of the final order
such extensions shall only be granted upon
or decree sought to be appealed from, but

cause shown and due notice to the adverse
party, or his solicitor of record, of the hear-
ing of the application therefor.
Adopted February 3, 1910.

AMENDMENT 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.

COURT RULES

SUPREME COURT OF SOUTH DAKOTA

Adopted February 23, 1910

Instructions.

At the proper time the plaintiff (or the defendant, as the case may be) asked the court to give each of the following instructions to the jury: (Set out the instructions referred to and continue:)

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 nosame 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 exceptions or statement of the case, serve upon counsel for each opposing party one (1) copy, and transmit to the clerk of this court at least fifteen (15) copies, of an abridgment or abstract of the record in the cause, setting forth so much thereof only as is necessary to a full understanding of all the questions presented to this court for decision. The abstract shall be prepared and printed in substantially the following form:

The plaintiff in his complaint states his cause of action as follows:

(Set out all the complaint necessary to an understanding of the questions to be presented to this court, and no more. In setting out exhibits omit all merely formal or irrelevant parts, as for example, if the exhibit be a deed or mortgage and no question is raised as to the acknowledgment, omit the acknowledgment. When the defendant has appeared it is useless to encumber the record with the summons or the return of the officer.)

Demurrer.

To which complaint the defendant demurred, setting up the following grounds:

(State only the grounds of the demurrer, omitting all formal parts. If the pleading was attacked by motion below and the ruling thereon is one of the questions to be considered, set out the motion in the same way and continue.) And on the ..... day of 19. the same was submitted to the court, and the court made the following ruling thereon:

.......

Which the court refused as to each instruction, to which several rulings the plaintiff (or thereupon the court gave the following instrucdefendant) at the proper time excepted, and tions to the jury:

(Set out the instructions.)

To the giving of those numbered (give the numbers, if numbered) or (if not numbered) to the giving of the following portions thereof (setting out the portions), and to the giving of each thereof, plaintiff (or defendant) at the proper time specifically excepted.

of

court

(IIere 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 order of the events in the case-letting each rul- if any, are sought to be reviewed), and by serving appear in the proper connection. If the de-ing and filing an undertaking (when required by fendant pleaded over, and thereby waived his (If supersedeas bond was filed state the fact.) right to appeal from these rulings, no mention of them should be made in the abstract; but it should continue.)

Answer.

Which complaint the defendant answered, setting up the following defenses:

(Here set out the defenses, omitting all formal parts. If motions or demurrer were interposed to the pleading, proceed as directed with reference to the complaint. Frame the record so that it will properly present all questions to be reviewed and raised before issue is joined. When the record shows issue joined, proceed.) On the ... day of ..... 19. ., said cause was tried by a jury (or the court, as the case may be) and on the trial the following proceedings were had:

(Set out so much of the bill of exceptions, or statement, as is necessary to show the rulings of the court to which exceptions were taken during the progress of the trial; and if the evi

law.)

Assignment of Error.

And the appellant herein says there is manifest error on the face of the record, in this: (Set out the errors assigned.)

(This outline is presented for the purpose of indicating the character of the abstracts contemplated by the rule, which, like all the rules, is to be substantially complied with. Of course no formula can be laid down applicable to all cases. The rule to be observed in abstracting a case is: PRESERVE EVERYTHING MA TERIAL TO THE QUESTION TO BE DECIDED AND OMIT EVERYTHING ELSE.) The abstract must be accompanied by a compete index of its contents.

lant shall append to and print with his abstract an assignment of errors, which assignment need follow no stated form, but must in a way as specific as the case will allow, point out the errors objected to, and only such as he expects to rely on and ask this court to examine. Among several points in a demurrer, in a motion, in the instructions, or in other rulings excepted to, it must designate which is relied on as error, and the court will, in its discretion, only regard errors which are assigned with the requisite exactness. And in criminal causes the counsel for the plaintiff in error shall also file an assignment of errors in this court, specific ally setting forth the errors he desires to have reviewed, as in this rule provided.

RULE 9.

RESPONDENT'S ABSTRACT AND SERVICE OF.] If the respondent shall deem the abstract of the appellant imperfect or unfair, he may within thirty (30) days after receiving the same, deliver to the counsel of the adverse party, one printed copy, and deliver or mail to the clerk of this court at least fifteen (15) printed copies of such further or additional abstract as he shall deem necessary to a full understanding of the questions presented to this court for decision.

Either party, however, upon notice, or order to show cause, and upon satisfactory showing that through mistake or excusable neglect, he has made or consented to an abstract which is incorrect or imperfect in any material respect, designated in the notice, may have an order of the court allowing him to file a supplemental abstract upon such terms as to the court shall seem just.

RULE 10.

BRIEFS-SERVICE OF, ETC.] In all civil causes the appellant shall, within the time fixed by rule 7 for service of his abstract, serve upon counsel for each opposing party one (1) copy, and transmit to the clerk of this court at least fifteen (15) copies, of his brief; within thirty (30) days from the date of service of appellant's brief, the respondent shall serve on counsel for appellant one (1) copy, and transmit to the clerk of this court at least fifteen (15) copies of his brief.

ment of bill of exceptions or statement of case, and except; where under chapter 4, Rev. Code of Criminal Procedure the defendant is entitled to file in this court typewritten copies of abstract and brief, he shall file herein eight (8) copies of separate abstract and brief.

RULE 12.

ORAL ARGUMENTS AND NOTICE THEREOF.]

No party will be entitled or permitted to make oral argument in any cause unless such party shall have filed and served a printed brief containing a citation of all authorities relied upon by such party. Any party desiring to make oral argument in any cause pending before the court on appeal or writ of error shall give notice thereof at the conclusion of his printed brief. No party will be entitled to make oral argument in any cause unless notice thereof is so given in the printed brief; provided that, where a respondent demands oral argument after an appellant has waived the same, the appellant may be permitted also to make oral argument, by filing notice thereof with the clerk of the court within ten (10) days after the service of respondent's brief. In case neither party shall give notice of oral argument as aforesaid, after the filing of all abstracts and briefs, or the expiration of the time for such filing, the said cause, when any briefs are filed, shall be placed on the term calendar and disposed of as directed by the Presiding Judge, without notice to either party. In all causes where no brief is filed by the appellant the appeal will be deemed abandoned and dismissed. A respondent will not be required or permitted to file a brief where none has been served or filed by appellant.

RULE 13.

FORM, SIZE AND COST OF ABSTRACTS AND BRIEFS.] All abstracts and briefs, in causes heard on appeal or by writ of error, shall be printed on 28x42 80 lbs. white book paper or other white paper of equal or better quality. Neither less than 11 nor more than 12 point type shall be used. Each printed page, except the first, last and those occupied by the index, shall have 28 lines and be 42 pica ems in length, exclusive of page numbers. All printed pages shall be 21 pica ems in width, exclusive of folio numbers. The finished book shall be trimmed to precisely 104 inchABSTRACTS AND BRIEFS IN CRIMINAL es in length and 64 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

RULE 11.

of the current term for hearing; and when a cause shall be so placed upon the calendar, the date fixed for hearing shall be not less than twenty (20) days from the date the cause is placed upon the calendar. The clerk shall give all parties or their attorneys immediate notice that said cause has been plac

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 necessarily expended or incurred by the party seeking to have the disbursement allowed, nor, in any case, exceed $1.00 per page for the first fifty (50) pages, including one page for the cover, and seventy-five (75) cents for each additional page. If any abstract or brief 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, size of type, size of printed page, or size of finished book, is offered for filing, the same shall be refused by the clerk and immediately returned with a statement of the objections thereto.

RULE 14.

ABSTRACTS AND BRIEFS IN ORIGINAL ACTIONS AND PROCEEDINGS.] The court, in its discretion, may require all original actions and proceedings, except habeas corpus, to be presented for argument on printed abstracts and briefs; and when it is so ordered, the abstracts and briefs shall be printed in accordance with Rule 13.

RULE 15.

FAILURE TO SERVE OR TRANSMIT ABSTRACT

OR BRIEF.] Parties shall transmit to the clerk of this court, with all abstracts and briefs, proof of due service of the same.

No abstract or brief not served and trans

mitted within the times provided for in rules 7, 9, 10 and 11 or such further time as may be stipulated for by the parties, shall be filed by the clerk of this court.

RULE 16.

MAKING UP OF CALENDAR.] All criminal causes shall be placed first upon the calendar prepared at the beginning of each term, and in the order of the dates of notices of appeal and writs of error. Civil cases preferred under the statute shall immediately follow the criminal cases on such calendar and shall be placed thereon in the order of dates of notices of appeal.

All other civil cases shall be placed upon the calendar prepared at the beginning of each term, in the order of the several judicial circuits, commencing with the first. The causes for each circuit shall appear on such calendar according to the dates of the notices of appeal.

No cause shall be placed upon the calendar prepared at the beginning of a term, unless the record from the lower court together with all briefs therein shall be filed in this court at least fifteen days before the opening day of such term, or the date for filing such briefs has expired. The dates for hearing causes appearing on the calendar shall be fixed by the clerk of this court under the direction of the Presiding Judge. Any cause, civil or

ing same.

RULE 17.

DATES FOR CALLING CAUSES AND for MoTIONS.] The dates for calling causes and the order thereof shall be as fixed on the calendar subject to such changes as may be directed by the court through its Presiding Judge.

The second day of the term as fixed by statute, shall be motion day for the causes then on calendar. Motion days for causes placed on calendar after beginning of term, shall be fixed by the presiding judge from time to time and the clerk shall give notice thereof when advising parties that their cause is placed on calendar.

No cause shall be heard prior to date fixed on calendar, except by stipulation of parties and leave of the court.

RULE 18.

NUMBER OF COUNSEL TO ARGUE CAUSE

SUBMISSION OF CAUSE ON BRIEFS.] Only two counsel shall be permitted to argue for each party in a cause, except in capital cases, and the court may limit the time to be occupied by counsel for each side, before the argument shall commence; and any cause may be submitted on printed arguments or briefs.

RULE 19.

ARGUMENT-LENGTH OF TIME.] In the argument of causes not more than one hour and fifteen minutes shall be occupied by counsel for appellant and forty-five minutes by counsel for respondent, unless by the express permission of the court, obtained before the commencement of the argument.

RULE 20.

Unless

APPLICATIONS FOR REHEARING.] otherwise ordered by the court, or presiding judge, no cause, civil or criminal, heard on appeal or by writ of error, shall be remanded for thirty (30) days after decision upon the merits, during which time either party may apply for a rehearing by serving and filing a typewritten petition wherein the grounds of the application shall be stated in clear and concise language without unnecessary repetition and without argument. Eight copies of the petition with proof of service shall be filed with the clerk, and the party opposing the petition may, within ten (10) days after