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NATIONAL REPORTER SYSTEM — STATE SERIES
COMPRISING ALL THE DECISIONS OF THE
SUPREME COURTS OF CALIFORNIA, KANSAS, OREGON
NEW MEXICO, OKLAHOMA
WITH KEY-NUMBER ANNOTATIONS
CONTAINING A TABLE OF PACIFIC CASES IN WHICH REHEARINGS
HAVE BEEN DENIED
JUNE 25 - JULY 30, 1917
OF THE COURTS REPORTED DURING THE PERIOD COVERED
BY THIS VOLUME
KANSAS-Supreme Court, WILLIAM A. JOHNSTON, CHIEF JUSTICE.
Division No. 3.
Division No. 4.
J. D. Murphy served as judge pro tem.
• Terms of all Commissioners expired January
SUPREME COURT OF OKLAHOMA
Adopted June 11, 1917 1. The regular terms of this court will be, thereto. Five copies of all motions and petiheld beginning on the second Tuesday of Octions and of the response thereto shall be tober, December, February, April and June of filed. each year, at 10 o'clock a. m., standard time. VI. Every motion to advance a cause shall Special sessions may be held at any time contain a brief statement of the matter inupon call of the Chief Justice. The forenoon volved, with the reason for the application. sitting will convene at 9 o'clock and the after- VII. In each civil cause filed in this court, noon sitting at 1:30 o'clock.
counsel for plaintiff in error shall, unless II. All causes in which no notice for oral otherwise ordered by the court, serve his argument has been given shall stand for sub-brief on counsel for defendant in error at mission on the first day of the term; all caus- | least forty (40) days before the case is set for es standing for trial will be heard in the or- submission. Counsel for plaintiff in error der assigned, unless the court, on proper mo shall file with the clerk of this court twenty tion and showing, shall order otherwise; pro- (20) copies of such brief within the time vided, that in making up the trial docket the above designated, and defendant in error elerk shall so arrange the assignment of the shall, within thirty (30) days after the service cases that those from each supreme court ju- of the brief of plaintiff in error upon him, dicial district may be heard together as near- file with the clerk of this court twenty (20) ly as may be.
copies of his answer brief, and serve same III. At least seventy (70) days prior to the upon plaintiff in error; and all reply briefs, commencement of each term of court, the except as otherwise ordered by the court, clerk shall send to the attorneys interested a must be filed by the date the case is submitprinted copy of the trial docket for the term ted or called for argument. Proof of service following, showing the day on which each i must be filed with the clerk within ten (10) cause will be heard. All attorneys interested days after service. shall be notified by the clerk of all orders of In case of failure to comply with the rethe court concerning each case,
quirements of this rule, the court may continIV. Attorneys desiring to make oral argu- ue or dismiss the cause, or reverse or affirm ments, shall file notice thereof with the clerk the judgment, in its discretion.
after the commencement of the proceeding in er- citing cases from the courts of this state, ror. If no notice is served, causes will stand counsel are required to cite the volume and submitted on briefs. No motion shall be ar- page of the official state reports in which the gued unless by direction of the court. The case is reported. A failure to comply with court will allot such time as may be deemed this rule will render briefs subject to be sufficient for argument of a cause, not to ex-stricken from the files. ceed one hour to counsel upon each side. IX. Application for a re-hearing in any Only two counsel will be heard on each side, cause, unless otherwise ordered by the court, and counsel amicus curiæ will be heard by shall be made by a petition to the court signleave of court only.
ed by counsel and filed with the clerk, within V. All motions to the court shall be reduc- fifteen (15) days from the date on which the ed to writing, and shall contain a brief state opinion in the cause is filed. Such petition ment of the facts and objects of the motion, shall state briefly the grounds upon which supported by citation of the authorities relied counsel rely for a re-hearing and show either upon; and, except in cases where all the that some question decisive of the case and facts relied upon are of record, such motions duly submitted by counsel has been overlooked shall be supported by affidavit. No motion by the court, or that the decision is in conflict nor petition for re-hearing will be considered with an express statute or controlling deciunless reasonable notice has been given to sion to which the attention of the court was counsel upon the opposite side of the case, not called either in brief or oral argument, or except where in the opinion of the court an which has been overlooked by the court, and emergency exists. Copies of all motions and the question, statute or decision overlooked petitions for re-hearing must be served upon must be distinctly and particularly set forth opposing counsel who will be allowed ten in the petition. No oral argument will be aldays from the service thereof to file response lowed on an application for re-hearing except 165 P.