upon order of the court; but if such applica- | plicant shall show that he has given notice to tion is granted, the cause shall be assigned for re-hearing and the clerk shall notify both parties or their counsel of the time when such re-hearing will be had, and such time may be given for argument or brief as the court shall allow.

In any case in which a petition for re-hearing is denied, or in which an opinion is rendered on re-hearing, no further motions or applications for re-hearing or review will be allowed and the clerk shall not file any such motions or applications, except by leave of court first obtained.

the opposite party or his attorney of record of his intention to apply for such writ and the time thereof, or furnish satisfactory reasons by affidavit for his failure to give such notice.

(C) The notice above required shall be not less than five nor more than fifteen days. Applications under this rule must be made on a Tuesday unless there be some special emergency requiring earlier action.

(D) The opposing party shall be at liberty to make any objection he sees fit upon the face of the papers presented with the application.

(E) Upon the final hearing of any application under this rule, each side shall furnish for the use of the court twelve written or printed copies of their points and authorities.

X. After the expiration of 15 days from the filing of an opinion, the clerk shall issue a mandate to the court in which the judgment was rendered in accordance with the decision of this court, provided that when a petition for re-hearing is filed within the time prescribed by rule IX or by leave of court, no mandate shall issue in said cause until said petition for re-hearing shall have been de-may, on motion, be recognized for the purpose termined.

XI. Where the original supersedeas bond or a certified copy thereof is included in the case made or transcript of the record and that fact is called to the attention of the court in the briefs of counsel for defendant in error, this court will, in all proper cases, where defendant in error is entitled thereto, render judgment thereon at the same time judgment is rendered in the cause.

XVI. Any practicing attorney of any state or territory or of the District of Columbia, having professional business in this court,

of presenting such cause in which he appears as counsel.

XVII. Transcripts may be certified by the court clerk substantially in the following form:

State of Oklahoma, County of

I, court clerk for said county, do hereby certify that the foregoing is a full, true and correct transcript of the record in the above entitled cause.

......

......

In testimony whereof, I have hereunto set my hand and seal of this court this .. day of ... 19.. . Court Clerk. XVIII. A certificate of the settlement of a case-made may be substantially in the following form:

XII. Upon the affirmance of a judgment, execution may issue thereon from this court; or a writ of procedendo shall be issued to the court below upon the payment by the successful party of the costs incurred in this court. XIII. Any Justice may file a dissenting I, the undersigned judge of the district court ... district for opinion in any cause in which he is entitled of county, Oklahoma, to sit and in the determination of which he hereby certify that the foregoing was presented to me as a case-made in the action above enparticipates; but before any such dissenting titled (here cite the facts with reference to the opinion is filed, it shall be submitted in con- appearance of parties and suggestion of amendference to the Justices who concurred in the ments), and I now settle and sign the same as a true and correct case-made, and direct that original opinion. No syllabus to a dissent-it be attested and filed by the clerk of said ing opinion shall be published.

XIV. In the taxation of costs in the Supreme Court, the clerk shall not tax any costs for expense of case-made, transcript, or record, unless the person claiming same shall, prior to the filing of the opinion in the cause, file with the clerk a verified statement of such expenses and showing that he has paid the same.

XV. In all original actions or proceedings instituted in this court, it shall be necessary for the plaintiff or applicant for the writ to state fully, by affidavit, the reasons why the action or proceeding is brought in this court instead of in one of inferior courts having concurrent jurisdiction. In addition to the original petition or application, five copies thereof shall be filed.

(B) In all applications to the Supreme Court for original writs except applications for the writ of habeas corpus, either under

court.

......

Witness my hand at
Oklahoma, this
Attest:

county,

19....

in

District Judge.

Court Clerk.

XIX. Orders for amending or completing transcripts and case-made, or for reviving, reinstating, or dismissing causes, shall be made only upon written motions, stating the grounds thereof; and reasonable notice thereof must be served upon the opposing counsel.

XX. The record may be temporarily withdrawn by an attorney interested in the case for the purpose of enabling him to prepare his brief and abstract, and in all such cases the attorney receiving such record shall receipt for the same, and return it to the clerk within twenty (20) days from its receipt, such attorney paying all charges of transmitting and returning such record. In no case shall the clerk allow an original opinion to be tak

XXI. Counsel for plaintiff in error shall number the pages of the petition in error and the record, and index the record before filing the same.

The original of any pleading or motion | his brief separately the portion to which he shall not be taken from the clerk's office objects or may save exceptions. A party without an order of court or one of the Jus- need not include in his abstract all the evitices authorizing it. dence in support of a claim on his part that it does not show or tend to show a certain fact; but when such a question is presented, the adverse party shall print so much of the evidence as he claims to have that effect. The abstract shall state only the substance of those parts of the record the bearing of which upon the case can be clearly shown in this manner; such as are purely formal or otherwise immaterial shall be omitted altogether, but quotations must be made with verbal accuracy whenever the decision of any question in controversy may be affected thereby. The abstract shall refer to the pages of the record.

XXII. The record and petition in error need not be printed, but by agreement of parties filed with the clerk, may be printed and the expense thereof taxed as costs in the case.

XXIII. No argument or motion filed or made in this court shall contain language showing disrespect for or contempt of the trial court.

XXIV. Rule VII shall not apply to cases of writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law. In such cases briefs shall be prepared and served in the form, manner and time as may be directed by the court in each cause. XXV. Whenever attorneys who are residents of this state file a written application with the clerk of this court for admission to practice as an attorney and counselor at law in the courts of this state, and show in such application that they have been admitted to practice in a court of record in another state or territory or of the District of Columbia, and that such order is still in force, it is ordered that such attorney or attorneys shall be permitted to practice in the courts of this state until the next meeting of the Bar Commission for the purpose of examining applicants or making recommendation upon such applicants.

The brief shall contain the specifications of errors complained of, separately set forth and numbered; the argument and authorities in support of each point relied on, in the same order, with strict observance of rule VII. The brief of the appellee or defendant in error shall contain with pertinent references to the pages of the abstract, any points challenging the right of plaintiff in error to be heard; a full statement of any additional facts shown by the abstract and deemed essential; citations of authorities and discussion of the alleged errors, in the same order as in the brief of the plaintiff in error. All briefs shall be printed unless otherwise ordered.

XXVII. The court may, at any time after a cause is submitted, request counsel for either or both parties to an action to file with the court, within the time fixed by the court in its request, additional authorities, if any they have, upon any proposition involved in the action; provided, that when such request is made upon counsel for either party to the action, the same shall be made in writing, and a copy of the same shall be mailed to counsel for the opposite party to the action.

XXVIII. Whenever in any case filed in this court it shall be made to appear to the clerk of this court by the affidavit of a plaintiff in error, his agent or attorney, that the defendant in error has no attorney of record, or that he is beyond the limits of the state, or that his residence is unknown, so that it is impracticable to serve citation upon him in the ordinary method provided by law, it shall be the duty of the clerk of this court

XXVI. The brief of the plaintiff in error in all cases shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court. If the defendant in error or appellee shall claim such abstract is incomplete for the purpose stated, his brief shall contain a counter-abstract correcting any such omissions or inaccuracies. Where a party complains on account of the omission or rejection of testimony, he shall set out in his brief the full sub-upon the plaintiff in error making provision stance of the testimony to the admission or rejection of which he objects, stating specifically his objection thereto. Also, where a party complains of instructions given or refused, he shall set out in totidem verbis in

for the payment of the expense thereof, to cause notice of the pendency of such cause to be published once each week for four successive weeks in some newspaper published in the county in which the case was tried.

CRIMINAL COURT OF APPEALS OF OKLAHOMA

I. The regular terms of this court will be the same time file five copies of said brief held as follows: with the clerk of this court, and the Attorney

January term, the first Tuesday after the General shall, unless otherwise directed by second Monday in January.

March term, the first Tuesday in March.
May term, the first Tuesday in May.

the court, have thirty days after service on him of plaintiff in error's brief in which to serve and file his answer briefs. The briefs are not required to be printed, but when so briefs may be filed with the clerk of this

July term, the first Tuesday in July. September term, the first Tuesday in Sep- desired may be printed. Proof of service of tember.

November term, the first Tuesday in No- court within ten days after service. In ha vember.

Special sessions of the court may be held at any time upon the call of the Presiding Judge. At the opening of the term, court shall convene at two o'clock, p. m. The sessions thereafter shall convene at ten o'clock, a. m., and two o'clock, p. m.

beas corpus proceedings, briefs shall be prepared and served as may be directed by the court in each cause.

VII. The brief of plaintiff in error shall contain-First. A concise abstract, or statement of the case, presenting succinctly the questions involved and the manner in which they are raised. Second. A specification of the errors relied upon, specifically and particularly setting out each error asserted and intended to be urged. When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected, stating specifically the objections thereto. When the error alleged is to the in

II. Counsel for plaintiff in error shall number the pages of the petition in error and case-made before filing the same, and shall attach thereto a complete and correct index, indicating the pages of the record, showing the pleadings, names and testimony of the witnesses for the state, their cross-examination and the names and the testimony of witnesses for the defendant and their cross-examination, and shall file with the original pe-structions of the court the specifications shall tition in error and case-made a copy of the same for the use of counsel.

V. A certificate of the settlement of a casemade may be substantially in the following form:

I, the undersigned, judge of the district (superior or county) court of district (or county) of Oklahoma, hereby certify that the foregoing was presented to me as a case-made in the above entitled cause (here state the facts with reference to the appearance of parties and suggestion of amendments), and I now settle and sign the same as a true and correct ease-made and direct that it be attested and filed by the court clerk. Witness my hand at Oklahoma, this

Attest:

in

county, 19-. District Judge.

day of Court Clerk.

set out the part referred to totidem verbis, whether it be instructions given or instructions refused. Abstracts shall be indexed and shall refer to the pages of the record. Third. A brief of the argument, exhibiting a clear statement of the point of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point. In citing cases from the courts of this state, counsel are required to cite volume and page of the official state report in which the case is reported.

VIII. The court may at any time after a cause is submitted request counsel for either or both parties to file with the court within the time fixed by the court in its request, additional authorities if any they have upon any proposition involved in the cause.

IX. When no counsel appears, and no briefs are filed, the court will examine the

pleadings, the instructions of the court and the exceptions taken thereto, and the judgment and sentence and if no prejudicial error appears will affirm the judgment.

X. No argument or motion filed or made in this court shall contain language showing disrespect for or contempt of the trial court.

XI. All cases shall be assigned for oral argument in the order in which they are filed and will be heard in the order assigned unless the court on proper motion and showing VI. In each cause filed in this court, coun- shall order otherwise. At least fifteen days sel for plaintiff in error shall, unless other- prior to said assignment, the clerk of the wise ordered by the court, serve his brief up-court shall notify the attorneys of record of on the Attorney General within sixty days the day on which such case will be heard. after filing his petition in error and shall at All motions to advance causes must contain

a brief statement of the matter involved with | submitted by the counsel has been overlooked the reasons for the application.

by the court, or that the decision is in conXII. The plaintiff in error shall be entitled flict with an express statute or controlling to open and conclude the argument of the decision, to which the attention of the court case. One hour on each side will be allowed was not called, either in brief or oral argufor the argument and no more without spe- ment, or which has been overlooked by the cial leave of the court. The time thus allow-court, and the question, statute, or decision ed may be apportioned between the counsel so overlooked must be distinctly and particuon the same side, at their discretion, provid-larly set forth in the petition. If such applied always that a fair opening of the case cation is granted, the cause shall be assigned shall be made by the party having the open- | for rehearing, and the clerk shall notify both ing and closing argument. parties or their counsel of the time when such will be had, and such time may be given for argument or brief as the court shall allow.