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COURT RULES. .
SUPREME COURT OF KANSAS.1
No. 1. SESSIONS. Court will meet for the cd in this court, it shall be necessary for the hearing of causes in every month except Au- plaintiff or applicant for the writ to state gust and September, each session beginning fully, by affidavit, the reasons why the acon the first Tuesday of the month.
tion or proceeding is brought in this court inYo. 2. CLERK'S CERTIFICATE
stead of one of the several inferior courts TO
having concurrent jurisdiction. TRANSCRIPTS. Transcripts may be certified by the clerk of the district court substan
No. 7. RECORD-PAGING--COPY. Countially in the following form:
sel for the plaintiff in error shall number the State of Kansas, County of
pages of the petition in error, and the record, I,
clerk of the district court for said and shall index the pleadings, testimony and county, do hereby certify that the foregoing is other parts thereof before filing it, and the a full,'true and correct transcript of the record clerk shall prepare for the court a copy of in the above entitled onuse.
In testimony whereof, I have bereunto set my the same, numbering the pages as in the orighand and seal, this day of -18
inal, unless a copy shall have been furnished Clerk.
hy the plaintiff in error as allowed by statNo. 3. CORRECTION OF ERRORS IN ute. TRANSCRIPTS. For the purpose of cor
No. 8. FILES-INDORSEMENT-PRESrecting any defect in a transcript, either par- ERVATION. Before any paper may be filed ty may suggest the same in writing and, on good cause shown, obtain an order that the shall fold it and indorse thereon the number
in this court, the party presenting the same proper clerk certify to this court the whole and title of the same, and a brief statement or part of the record required. If the defect of the nature thereof, and the clerk shall keep be not admitted by the adverse party, the suggestion must be accompanied by an affida- all papers in a package, on which shall be in
dorsed the title and number corresponding vit showing the existence of the alleged de
with those on the appearance docket and fect.
journal where the orders in such cause are No. 4. CERTIFICATION OF
CASE- entered. MADE. A certificate of the settlement of a
No. 9. ASSIGNMENT OF ERRORS IN case-made may be in substantially the following form;
CRIMINAL CASES. In all appeals in crimI, the undersigned, judge of the district court inal cases the appellant must attach to and of = county, Kansas, hereby certify that the file with the transcript of the record an asforegoing was presented to me as a case-made signment of errors, which shall distinctly specin the action above entitled (here recite the facts ify each ground of error relied on and the with reference to the appearance of parties and the suggestion of amendments), and I now
settle particular ruling sought to be reviewed. Any and sign the same as a true and correct case
error or ruling not so specified will be deemmade, and direct that it be attested and filed by ed to be waived. the clerk of said court. Witness my hand, at in
No. 10. COURTS OF APPEALS – DISthis day of 18,
CRETIONARY CERTIFICATION. In all Attest: Clerk.
cases of final jurisdiction of the courts of ap
peals, a review by this court shall not be No. 5. FEES-SECURITY. No cause shall deemed a matter of right, but of exceptional be docketed, except one brought by the state, judicial discretion. In any such case the agpor petition to certify from the court of ap- grieved party may file with the clerk, within peals filed, until the plaintiff in error or ap- forty days after entry of the judgment of the pellant shall have paid to the clerk five dol- court of appeals, a certified copy thereof, and lars advance fees; nor shall any civil cause of the opinion and syllabus, if any shall have be docketed until security for costs shall have been filed, to be paid for by the party rebeen given, approved by the clerk, condition questing the same. Such aggrieved party ed for the payment of all costs for which the shall at the same time file a petition in error = party instituting the proceeding may be lia- in a civil action, or an assignment of errors ble.
in a criminal case, particularly setting forth Xo. 6. ORIGINAL CASES-AFFIDAVIT. the precise point or points in which it is In all original actions or proceedings institut. claimed the court of appeals erred, and if * For rules 1 to 28, as originally adopted, see 43
this court shall deem the allegations of error
sufficiently meritorious to warrant a review, 58 P
the court will, within sixty days after the least thirty days before the argument; and entry of such judgment, make an order direct the counsel for defendant in error shall furing such case to be certified to this court on nish a copy of his brief to opposing counsel the copy of the record, which shall be trans- and file ten copies thereof with the clerk at mitted by the clerk, who shall retain the orig- least ten days before the argument. Proof inal; but if no such copy shall have been of service must be filed with the clerk prior made, then he shall prepare one and trans- to the argument. In case of a failure to commit it, the fee therefor to be taxed as other ply with this rule, the court may continue or costs. When such order is made, the clerk of dismiss the cause, or affirm or reverse the this court shall issue summons in error, up- judgment. on security for costs being given, as in other
No. 15. BRIEFS SERVICE STATE The petition or the assignments of
CASES. In all causes in which the state is a error, with the copies filed at the same time, will be treated as if attached to the copy of party, or interested, counsel shall serve their
briefs on the attorney general, such service the record when it shall be received by the clerk of this court. On a refusal to order the to be made as provided in rule No. 14, but in certification of any case for review, a short shall furnish a copy of his brief to opposing
all criminal causes counsel for the appellant entry thereof shall be made by the clerk of this court, and the additional costs shall be counsel and file ten copies with the clerk at certified by him to the clerk of the proper counsel for the appellee shall furnish a copy
least fifteen days before the argument; and court of appeals, to be collected as other costs of his brief to opposing counsel and file ten in the original case.
copies thereof with the clerk at least five No. 11. COURTS OF APPEALS-CER- days before the argument. TIFICATION OF RIGHT. In all
No. 16. MOTIONS NOTICE FILING. where an appeal or a proceeding in error orders for amending or completing records, from a court of appeals or a proceeding from a court of appeals is a matter of right, the
or for reviving, reinstating or dismissing causprocedure shall be the same as in like ap- es, will be made only upon written motions peals and proceedings in error from the dis- therefor, and at least ten days' notice there
stating fully and specifically the grounds trict courts to this court, as far as applicable, of must be served on the opposing counsel. but the provisions of the next preceding rule Such motions, together with the proof of the as to the original record and copy thereof, and the copies of the judgment, opinion and service of notice, must be filed with the clerk syllabus, shall also be applicable to the class three days before the time fixed for the hear
ing. of cases referred to in this rule.
No. 17. HEARINGS-ASSIGNMENT-ADNo. 12. BRIEFS-CONTENTS. Counsel
VANCEMENT. Causes will be assigned for for plaintiff in error or appellant shall file ten printed copies of his brief in the cause. docket, except as otherwise provided by law;
hearing in their order on the appearance It shall contain: (1) A full statement of the but a cause may, on motion, be heard out of essential facts of the case; (2) a specifica- its regular order for sufficient reasons. The tion of the errors complained of, separately motion to advance a cause must contain a set forth and numbered; (3) the argument statement of the nature of the action and and authorities in support of each point relied on, in the same order, with pertinent ref- the reasons for advancement, and the same
will be considered without argument. erences to the pages of the record. The brief of the appellee or defendant in error shall No. 18. HEARINGS CAUSES FROM contain: (1) Any points made challenging COURTS OF APPEALS. Causes originally the sufficiency of the record, or the plain- certified by this court to the courts of appeals tiff's right to be heard; (2) a full statement and brought back again for review will be of any additional facts shown by the record assigned for hearing, as near as practicable, and deemed essential, with pertinent refer- in the order to which they would have been ences to the pages thereof; (3) citations of entitled if they had remained in this court. authorities and discussions of alleged errors, Other causes from the courts of appeals will in the same order as in plaintiff's brief. not be entitled to any precedence over cases No. 13. BRIEFS – STYLE – LIBRARY. brought from the district or other courts to
this court. Briefs shall be printed from long primer or small pica type, the size of the type page to No. 19. TRIAL DOCKETS – DISTRIBUbe 22 by 41 pica ems on a leaf 6 by 9 inches, 'TION. On the first of each month the clerk corresponding with the Kansas Reports. The will send to the attorneys interested a printclerk shall deliver one copy of each brief to ed copy of the trial docket for the second the librarian, to be bound, indexed and month following, showing the day on which placed in the state library.
each cause will be heard. He shall notify
them of all orders of the court in each cause. No. 14. BRIEFS-SERVICE-FILING. In each civil cause, counsel for plaintiff in error No. 20. CONTINUANCES-EFFECT. A shall furnish a copy of his brief to opposing continuance in a civil cause, unless for good counsel and file ten copies with the clerk at reason shown, will carry it to the heel of
the docket. A continuance in a criminal ap- | been issued on the special order of the court, peal will carry it to the next assignment. or a justice thereof. No. 21. SUBMISSION ON BRIEFS. At
No. 26. RECORDS-WITHDRAWAL. The torneys wishing to submit their causes on clerk shall not permit any original record, briefs may avoid the inconvenience of person- document, pleading or paper to be taken from al attendance at court by filing a written or- his custody until the same has been copied as der with the clerk so to submit. In all such required by rule No. 7, after which such reccases their briefs, with proof of service, must ord may be temporarily withdrawn by an atbe on file.
torney interested in the case for the purpose
of enabling him to prepare his brief; and in No. 22. ARGUMENTS–TIME ALLOWED. all such cases the attorney receiving such One hour only, except with the consent of the record shall receipt for the same, and return court, shall be consumed in the oral argument it to the clerk within twenty days from its of a cause by counsel for either party. Oral receipt, such attorney paying all charges of argument on motions will be limited to fifteen transmitting and returning such record. In minutes on each side.
case shall the clerk allow an original No. 23. REHEARINGS-PETITION. An opinion to be taken from his office except by application for a rehearing shall be by peti- the reporter, who shall return it as soon as tion signed by counsel, particularly setting possible. The clerk shall not allow any recforth the grounds thereof, and showing either ord of a pending cause to be sent beyond the that some question decisive of the case and limits of the state to a distance of more than duly submitted by counsel has been overlook- 100 miles from the capital. ed by the court, or that the decision is in No. 27. RECORDS_WITHDRAWAL IN conflict with an express statute or controlling DECIDED CASES. Where original records decision to which the attention of the court of decided cases or copies thereof are temwas not called either in the brief or oral argu- porarily loaned to attorneys, such record or ment, or which has been overlooked by the copy shall be returned to the clerk's office court; and the question, statute or decision within twenty days from the date of its reso overlooked must be distinctly and particu- ceipt, and the person to whom it is loaned larly set forth in the petition, which must be shall pay all expenses of transmitting or refiled within twenty days from the date of turning such record or copy, and shall pay to the decision. No argument or brief will be the clerk for the use of the state one dollar allowed on the petition, but, if the applica- for services rendered in and about the loan tion be granted, the case will be assigned for of such record or copy. rehearing and such time given for argument
No. 28. ATTORNEYS-ADMISSION. Any or brief as the court may allow.
practicing attorney of the district court will, No. 24. SURETIES FOR COSTS-EXECU-on motion, be admitted to practice in this TION. Execution on a judgment for costs court, and any practicing attorney of any having been returned unsatisfied, the clerk state or territory having professional busimay notify the sureties for costs, or their ex- ness in this court may, on motion, be admit. ecutors or administrators, of such return, and ted by taking the oath prescribed by law. All that unless said costs be paid within ten days motions for the admission of attorneys must after receipt of said notice a motion will be be presented at the morning hour, immediatemade for a judgment against them. If good ly after the first call of the docket. Each atcause be not shown why the same ought not torney, on being admitted, shall pay three to be done, judgment may be entered against dollars to the clerk, who shall furnish kim said sureties, or their executors or adminis- a certificate of admission and a printed copy trators, for the amount remaining unpaid for of the rules. which the plaintiff in error may be liable; No. 29. FINAL RECORD-EXTENT. A and execution may be issued on such judg- full record shall be made of all causes in ment as in other cases.
which the court has original jurisdiction. A No. 25. WITNESSES-MILEAGE. In all full record of other causes shall not be made original actions in this court no fees or costs except at the request and cost of the party will be allowed or taxed for the mileage of desiring the same. any witness for any distance outside of the These rules, as amended, took effect July county where the court is held, unless the 1, 1899. subpæna under which the witness attends has Adopted May 26, 1899.
SUPREME COURT OF WYOMING.
Rules Governing Admission.
Rule 1. Regular meetings of the state board | ferred; and if at some place other than the of law examiners shall be held at the capital, capital, the reasons therefor. on the second day of each regular term of Rule 3. The petition, if admission is apthe supreme court in each year. Special meet- plied for as the member of the bar of another ings may be held from time to time as shall state or territory, shall be accompanied by be determined by the board.
the certificate or license showing such admisRule 2. All applications for admission to sion; or a certified copy of the record of such the bar shall be made by petition to the su- admission under seal of court; also certificate preme court. The petition shall be verified of a judge of such other state or territory, by the oath of the applicant and shall state: showing the applicant to be of good standing
First. In all cases the following particu- in the courts of such state or territory. Such lars:
certificate of good standing shall not be con(a) The full name of the applicant, place clusive, but the court or board may make furand date of birth, and, if foreign born, the ther examination or inquiry. facts showing that he is a citizen of the Unit- Rule 4. Proof that an applicant is of good ed States.
moral character may be made in the first (b) Place and periods of residence and occu-place by a certificate of a member of the bar pation during the last preceding five years. of this court, or a judge of this state, who
(c) Names and address of five persons ac- shall certify that he is personally acquainted quainted with the applicant during said pe with the applicant and the facts stated in the riod. If the applicant applies for admission certificate, or in the case of a member of the as a member of the bar of another state or bar of another state or territory by a like territory said references or a majority of certificate of a judge, or two or more attorthem shall preferably be judges, or members neys of such other state or territory, or a of the bar of such state or territory.
member of the bar of this state. Such cerSecond. The following additional particulars tificate shall not be conclusive, but the court in case the petitioner applies for admission on or board of examiners may make further exthe ground of having been admitted to pracaminations and inquiry, or require additional tice in the highest court of some other state. proof.
(a) The place or places where the applicant Rule 5. The state board of law examiners has been engaged in practice in such other shall, before admitting an applicant to an exstate or territory.
amination, be satisfied that he possesses the (b) Period of practice in each place, if more qualifications as to the periods of study prethan one.
scribed by law; and the proof thereof shall (c) Whether the applicant has been regu- be made as follows: Jarly admitted in more than one state or ter- (a) The time of study in a law school, or ritory, and if so the name of each state or under the supervision thereof, by the certifiterritory in which he may have been so ad- cate of the president, dean, or secretary of the mitted, together with the date thereof, as near faculty under whose instruction the person as possible, and the period of practice in each has studied under the seal of the school, if such state and territory, and the place of his such there be, which proof must be satisfacresidence therein during the period of such tory to the board of examiners. practice.
(b) The time of study in the office of a memThird. If the petitioner applies for admis- ber of the bar or a judge of this state by a sion upon examination, the following particu- certificate of such member of the bar or judge lars shall also be stated:
showing the actual period of such study. (a) General educational advantages exclu- (c) Attendance at a law school during a school sive of legal study.
year of not less than eight months in a year (b) Where and with whom, or in what law shall be deemed a year's attendanee in a law school or schools, or under what supervision school, and in computing the period of study legal studies have been pursued.
in an office, a vacation actually taken, not (c) The works read in the course of such le- exceeding three months in each year, shall be gal studies.
allowed as part of each year. (d) Period of legal study. The respective Rule 6. All petitions for admission shall be periods at or under the supervision of a law deemed at once referred to the state board of school or schools, or in an office of a member law examiners, and within ten days the petiof the bar or a judge of this state.
tion and all papers filed with it shall be for(e) Place at which examination is pre- warded to the secretary of the board by the clerk: provided, that before forwarding the 28 of the Laws of 1899. Such person, howsame the justices of the supreme court shall be ever, shall file a petition as required by these advised of the filing of such petitions; and pro- rules, so far as applicable, and stating the vided further, that in the discretion of the date of such admission which shall be accomcourt, if there should be an emergency, an ap- panied by a certificate of the judge of the plicant applying as a member of the bar of the court or a member of the bar of this court highest court of another state or territory, may certifying to the good standing and good morbe admitted upon satisfactory proof that he al character of the applicant; and by the possesses the necessary qualitications, with certificate or license showing his admission, out reference to or awaiting action by the or a certified copy of the record of such adboard of examiners.
mission. The supreme court may, if satisfied Rule 7. As soon as practicable, after a peti- as to such applicant's qualifications, admit tion is filed for admission to the bar, the clerk him without reference to the board of law of the supreme court shall notify each mem- examiners; or the application may be so reber of the state board of law examiners there- ferred. of, and shall post the name and address of the Rule 10. The state board of law examiners applicant in a conspicuous place in his office may prescribe rules for the conduct of examfor the period of thirty days unless the appli- inations, not inconsistent with the statutes or cant be admitted before expiration of that rules of court, and shall require each appliperiod. The clerk shall also furnish said cant examined to make a statement under name and address to such newspapers as de- oath to the effect that he had no information sire to publish them.
or knowledge in advance as to what questions Rule 8. It shall be the duty of every mem- would be submitted to him, and received no ber of the bar of the supreme court to active information or advice during the examination ly aid the court and board of examiners in its from any person or by reference to book or investigations concerning the character and memorandum. standing of all applicants, and to communi- Rule 11. As soon as practicable after each cate to the board any information of a ma- examination the state board of law examiners terial nature known to them affecting such shall report to the supreme court all their character and standing. Such information proceedings in connection with such examinashall be deemed to be confidential.
tion with their conclusions and recommendaRule 9. Any person who was admitted to tions in the premises. If requested by the practice in any district court of the state prior court or the applicant the questions and reto February 16, 1899, may, on motion, be plies, or a copy thereof, shall be filed with admitted to practice in the supreme court the report. without the examination required by chapter