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the plaintiff (or defendant) at the time ex- to the reporter, one copy to the State Libracepted.
VERDICT. day of 19, the jury returned into court with the following verdict: (Set out the verdict, if necessary to a perfect understanding of the questions presented; if not, state the party in whose favor rendered.)
ry, and one to be filed in his office.
Rule 13. The printed abstract provided for by these rules shall be deemed and considered an abstract within the meaning of section 553 of the Code, B. and C. Comp.
Rule 14. In case the appellant shall, without reasonable excuse, fail or neglect to serve and file abstracts or briefs as required by the 19-, the rules of this court, the respondent may have the judgment or decree affirmed on motion and notice; and in case of an abandoned ap
was entered: (Set out the judgment or decree appealed from, or so much thereof as cree appealed from, or so much thereof as may be necessary.)
ASSIGNMENTS OF ERROR.
And the appellant herein says there is manifest error on the face of the record in this: (Here assign and set out briefly and concisely the errors relied upon for a reversal or modification of the order, judgment, or decree appealed from.)1
Rule 10. On the hearing in this court, no questions will be examined or considered, except those going to the jurisdiction of the court, or when the pleading does not state facts sufficient to constitute a cause of action or defense, or those arising upon the assignments of error, as contained in the printed abstract.
Rule 11. When for any reason a strict compliance with the rules relating to the preparation and service of abstracts or briefs becomes impossible or inconvenient, and a waiver or modification thereof, or an extension or shortening of time is desired in any case, the party desiring such waiver or modification or change of time, may at any time before he is in default apply to any justice of this court in vacation, or to the court in term time, for an order directing the same. The application shall be made in writing, and shall set out the particular facts relied upon by the applicant, and shall be certified to by counsel as being true and made in good faith. The order, if made by the court, shall be entered in the journal, and if by one of the justices, filed with the clerk. In no case will these rules, or any of them, be waived, suspended or modified upon agreement of counsel only.
peal, the opposite party may, by presenting
Rule 15. After the rules in regard to service and filing abstracts and briefs have been complied with, the cause shall be put upon the trial docket in its proper order.
Rule 16. Civil causes on the trial docket will be set down for argument as near as convenient in the order of their entry, due notice of which will be given to the attorneys of the respective parties by the clerk; but the court may, whenever in its judgment a cause is of sufficient public importance, on the application of either party, direct it to be set down for argument out of its order; provided, parties in either civil or criminal cases may upon stipulation submit the same on briefs at any time.
Rule 17. In criminal cases the clerk shall, when the briefs are filed, or the time elapsed (unless application for further time to file the same shall have been granted) under these rules for filing the same, set the case down for hearing, unless otherwise ordered by the court. And a copy of all briefs in criminal cases, whether filed by the defendant or the district attorney, must be served on the Attorney-General, as well as the adverse party, and must have proof of such service indorsed before filing.
Rule 12. The clerk shall make the follow-shall be taken from the court room or office Rule 18. No paper on file with the clerk ing distribution of the printed abstracts and of the clerk, except by order of the court or briefs received under the foregoing rules: one of the justices; provided, either party Two copies to each justice of the court and may withdraw the transcript of the record and testimony for the purpose of making ab1 Note. This outline is presented for the pur-stracts or briefs upon giving a receipt therepose of indicating the character of the abstract for to the clerk, and upon such withdrawal contemplated by the rule, which, like all the may retain the same for ten days.
rules, is to be substantially complied with. Of course, no form can be laid down applicable to all cases. The rule to be observed in abstracting the case is, preserve everything material to
MOTIONS-SERVICE AND HEARING.
the question to be decided, and omit everything and each Tuesday thereafter, shall be mo
tion day, at which time all motions, proper notice of which has been given, shall be heard.
Rule 20. All motions, and the affidavits or documents in support thereof, must be filed with the clerk, and, except as otherwise provided, served by copy upon the opposite party or counsel ten days before the date specified in the notice for the hearing. The opposite party shall then have five days to file and serve papers on the other party or his counsel in resistance to the same, and no paper shall be regarded which does not appear to have been so served. The court may, on application, by order, shorten the time for service.
shall not allow exceeding $1 a page, including cover, when printed in twelve-point type, and $1.15 a page when printed in elevenpoint type, unless for special reasons apparent in the record it shall be otherwise ordered.
Rule 26. Cost bills filed within five days after the entry of judgment or decree need not be served; but if filed more than five days after decree or judgment is entered they must be served upon the adverse party with proof of service indorsed thereon before filing.
Rule 27. Costs and disbursements in this court will be taxed by the clerk, and his decision upon all matters of taxation of costs, and upon objections thereto, shall stand as the taxation by the court, unless the party affected by such taxation shall within ten days after such taxation or decision move to retax the same. (39 Or. 594; 43 Or. 487; 44 Or. 529; 45 Or. 139; 87 Pac. Rep. 530.) Rule 28. The clerk shall not tax costs for any matter included in the transcript con
Rule 21. An application to this court or a justice thereof for an order enlarging the time in which to file a transcript shall be accompanied by a stipulation of the respondent consenting thereto or by proof of notice to respondent of such application at least five days before the same is made; provided, however, that when the time in which to file the transcript will expire by limitation betrary to these rules, unless specially directed fore such notice can be given, the court or a justice thereof may enlarge the same sufficiently to enable the required notice to be given.
by the court; nor shall any costs be taxed unless the cost bill therefor shall be filed before the mandate is issued.
Rule 29. The mode of review of final decisions of the circuit court, when the course of proceeding is not specifically pointed out by statute, shall be by appeal as in actions at law, but questions of fact shall not be considered upon such appeal, unless made a part of the record by a bill of exceptions.
ADMISSION TO THE BAR.
Rule 22. All applications for rehearing shall be by petition in writing or printing, signed by counsel, setting forth wherein it is claimed the court has erred, and shall be filed within twenty days next after the filing of the opinion. Counsel may accompany the petition with a brief of the authorities upon which they rely in support thereof, but no oral argument will be heard thereon. Counsel shall serve a copy of such petition on the Rule 30. The second day of the October adverse party and furnish the clerk with five term, and such other time at any term as copies thereof, but it will not be necessary may be ordered, on the written application for the adverse party to answer such petition of five or more persons desiring admission, unless requested to do so by the court. shall be set apart as the time when persons Rule 23. The filing of a petition for a re-desiring admission to practice as attorney? hearing shall suspend further proceedings in the courts of this State may appear and under the decision until the petition is dis- present their applications, who having been posed of, unless the court in term time, or examined in open court touching their qualithe justices in vacation, shall otherwise fications for admission and found duly qualiorder. (39 Or. 525.) fied, may be admitted to practice as attorneys and counselors at law in the several courts of this State. Applications for admission can only be made to this court.
Rule 24. Upon the disposition of a petition for rehearing or if within twenty days after final judgment or decree no petition shall have been filed, the clerk shall, as a matter of course, unless he is directed by the court otherwise, issue and forward a mandate to the clerk below.
Rule 31. Applicants for admission as attorneys shall be examined by the justices of the Supreme Court, or under their direction, and only such shall be admitted as shall be properly learned in the common law, the law merchant, the principles of equity jurisprudence, the history and constitutional law of England prior to the Declaration of IndeRule 25. It shall be the duty of the clerk pendence, the history and constitutional law in taxing costs to allow the prevailing party of the United States, the statute and constithe actual cost of printing his abstract or tutional law of this State, and the practical brief (for not exceeding 40 copies.) But he administration of the law. Such examina
tion shall be conducted in writing, or partly in writing and partly orally, as the court may direct.
that any objection is made to the final admission of any person so licensed to practice law in this State, such objection shall be made Rule 32. Each applicant for admission in writing, setting forth the grounds thereof, must produce the certificate of some attor- and shall be filed with the clerk, and may, ney in good standing in this court that such at the discretion of the court, be referred to applicant, if a graduate of some college or three attorneys appointed by the court for other literary institution authorized to con- investigation and report, under such confer degrees, has read law two years, or if ditions as may be set forth in the order of not a graduate, at least three years; and reference; provided, however, that the court that such applicant has the requisite learning may, in its discretion, either continue or reand ability. There shall also be presented voke the temporary license pending such inthe certificate of two attorneys of like stand-vestigation and report. In case no objection ing to the effect that such applicant is a man is so made and filed within six months after of good moral character. In case, however, the making and entry of the order granting the applicant produces a diploma from any the temporary license to practice, then such regular law school or shows that he is a applicant at any time after the expiration graduate thereof, then the certificate of his of said six months may, on written motion having read the time above indicated shall of an attorney of this court, be permanently be dispensed with. The applicant shall also admitted to practice law in the courts of file his own affidavit that he is a citizen of this State; provided, further, that a resident the United States and of this State, or has and citizen and attorney of the highest court complied with the statutory requirements in of record in a sister State, under the laws of that connection, is over the age of twenty- which an attorney who is a citizen of this one years, and has read the books, a list of State may be admitted to the bar thereof, which is included in his affidavit. may, upon furnishing the proof above required as to his good moral character, be admitted generally as an attorney in all respects as if he were a citizen of this State.
Rule 34. Applicants for admission upon examination shall pay to the clerk $10.00, and upon certificate $20.00. (Laws of 1907, p. 426.)
Rule 33. Attorneys and counselors at law and solicitors in chancery who have been admitted to practice in the highest courts of any other State, territory, or district, or of England, her colonies, or dependencies where the common law prevails, and who are otherwise qualified, may be admitted to the bar of this State without examination upon presenting their certificate of admission to such courts, accompanied by a petition in writing, Rule 35. For the purpose of correcting verified by the oath of the petitioner, show- any error or defect in the transcript from the ing (1) where he was first admitted to prac- court below, either party may suggest the tice, all places and the periods of time dur- same, in writing, to this court, and, upon ing which he has practiced as an attorney or good cause shown, obtain an order that the counselor at law, and especially the place, proper clerk certify up the whole or part of the period of time, and the court before the record, as may be required; or the same whom he last practiced; and (2) whether or may be corrected by stipulation of counsel, not any proceedings for his disbarment or in writing, filed with the clerk before argususpension have been instituted or prosecut- ment. If the attorney of the adverse party ed at any time or place. Such petition must be absent, or if the fact of the alleged error also be accompanied by the certificate of the or defect be disputed, the suggestion must be presiding judge of the highest court in which accompanied by an affidavit showing the exhe last practiced, or was admitted to prac-istence of the error or defect alleged. tice, to the effect that the petitioner was in good standing and trustworthy in his profession in such jurisdiction, and also the certificate of two attorneys of this court to the effect that they believe him to be a reputable attorney and a person of good moral character. Such applicant may, if deemed qualified by the court, be licensed to practice law for a period of nine months from and after the date of such license, and the clerk shall immediately notify the secretary of the State Bar Association of such order; provided, however, that if such license would expire during any vacation of this court, then, and in that event, it shall continue in force until the third Monday of the succeeding term of this court to be held at Salem. In the event
PAPERS, ORIGINAL-HOW BROUGHT
Rule 36. Whenever it shall be necessary or proper, in the opinion of the presiding judge in any district, that original papers or exhibits of any kind should be inspected in this court, such judge may make such order for the safe keeping, transporting, and return of such papers or exhibits as to him may seem proper, and this court will receive and consider such papers or exhibits in connection with the transcript of the proceedings.
The foregoing rules governing the service of abstracts and briefs shall not apply to
cases for hearing at Pendleton, except that fected, and file the same in the appellate the abstract provided for in these rules shall court at least ten days before the first day of be deemed an abstract within the purview of the term. The respondent shall serve his § 553, B. & C. Comp.; and when accompanied brief within twenty days after the service of by a copy of the judgment or decree appealed the appellant's brief upon him, and file the from, the notice of appeal and proof of serv- same within five days before the first day of ice thereof and the undertaking on appeal the term; provided, that in all cases for may be filed in lieu of a transcript. hearing at Pendleton, the first brief shall be served and filed at least five days before the first day of the term, and the answering brief by the first day. When the appeal is from a decree in equity and is to be tried (b) In cases for hearing at Pendleton, the anew upon the transcript and evidence acappellant, except in equity cases to be tried companying it, the plaintiff shall open and anew, must serve a brief containing a con- close, and as to printed briefs shall observe cise statement of the errors relied upon, the rule requiring the service and filing of within thirty days after the appeal is per-such brief by appellant.
(a) No civil case will be heard at Pendleton unless the appeal has been perfected at least fifteen days before the first day of the term.