reporters' transcripts have not been made in accordance with the requirements of these rules and of the statute, the reporter who made the same shall be required to forthwith prepare other transcripts in compliance with these rules, and no compensation whatever shall be allowed to either stenographer or clerk for making new transcripts in order to comply with these rules. A wilful failure to substantially comply with the statute and these rules shall subject the reporter or clerk, as the case may be, to liability for any costs which may be incurred by either party to the action on account of such failure or neglect.

Rule 24. Certificate as to Papers Used on Contested Motion.—The transcript or record on appeal shall show that there is attached to or made a part of, all orders made by the judge disposing of a motion for a new trial, or any other contested motion, a certificate substantially as follows, signed by the judge,

clerk or attorneys, to-wit:

pers, to-wit: ..

"It is hereby certified that the following paall of which are of the records or files in this case, were submitted to the judge and by him used on the hearing of the motion for a new trial (or any other contested motion), and constitute all the records, papers and files used or considered by said judge on such hearing."

Rule 25. Maps and Surveys.-Whenever a map or a survey forms a part of a transcript, the original shall be brought to this court, upon the order of the judge of the trial court, or of this court or a justice thereof, and it shall be unnecessary to furnish any copies of the same.

Rule 28. Extension of Time to File Transcript.-The time limit in which a transcript must be served and filed, as set forth in rule 26, may be extended by an order of the court, or a justice thereof, upon good cause shown by affidavit, or by stipulation of the parties filed with the clerk: Provided, that the time during which the trial court, or judge thereof, may hold a bill of exceptions, or statement, or reporter's transcript, prior to the settlement and filing thereof, and the time during which the attorney for the respondent may retain the transcript on appeal before certifying, or refusing to certify the same, shall be excluded in computing the time, either under this rule, or under rule 26, within which the transcript on appeal shall be filed.

Rule 29. Appeal, When May be Dismissed.-If the transcript of the record is not filed within the time prescribed by rule 26, the appeal or writ of error may be dismissed,

on motion, without notice, on the first Monday of the term during which the case is subject to call. A case so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party.

Rule 30. What Showing Must Accompany Motion to Dismiss.-On such motion there shall be presented the certificate of the clerk below, under the seal of the court, certifying the amount or character of the judgment, the date of its rendition, the fact and date of the filing of the notice of appeal or issuing the writ of error, the fact and date of the filing the undertaking on appeal or writ of error, the fact and time of the settlement of the statement, or reporter's transcript, if there be one.

Rule 31. Service and Certificate of Transcript.-If the transcript is printed, a copy thereof shall be served upon the adverse party or his attorney; and if there be more than one adverse party, appearing by different attorneys, on each party or the attorney of each party so appearing. If a party shall present to the attorney of the adverse party a transcript on appeal in a civil cause and request his certificate that the same is cor

Rule 26. Filing and Service of Transcript. -In all cases where an appeal is perfected, or a writ of error issued, transcripts of the record (showing the date of filing the undertaking on appeal) must be served upon the adverse party and filed in this court within sixty days after the appeal is perfected or writ of error issued, and the same, if a printed transcript, must be certified to be correct by the attorneys of the respective parties or by the clerk of the court from which the appeal is taken. Written evidence of the service of the transcript upon the ad-rect, and said attorney, upon such request, verse party shall be filed therewith.

Rule 27. Compliance Enforced.-A strict compliance with the requirements of the rules concerning preparation of transcripts will be exacted of the appellant or plaintiff | in error in all cases by the court, whether objection be made by the opposite party or not; and for any violation or neglect in these respects which is found to obstruct the examination of the record, the appeal may be dismissed or the court may order the offending party to pay the costs of such transcript, or any part thereof, unless the matter objected to is inserted by order of the court or judge below.

shall, for a period of five days, neglect or refuse to join in such certificate; or, if it be incorrect, shall neglect or refuse for the same time to serve upon the party making the request a written statement of the particulars in which the transcript is incorrect, or upon the presentation of the transcript corrected in the particulars thus specified, shall still neglect or refuse, for a period of two days to join in such certificate, the cost of procuring a certificate to such transcript from the clerk of the proper court shall be taxed against the party whose attorney so neglects or refuses.

If the transcript is typewritten, under Rules 19 to 22, service and settlement thereof

must be made as provided by chapters 117, | script of record on appeal, showing the page 119, Laws 1911, for civil actions, and chap- or folio on which the paper or evidence abters 146, 147, 148, Laws 1915, for criminal stracted may be found. actions.

Rule 32. Diminution of the Record.-For the purpose of correcting any error or defect in the transcript from the court below, either party may suggest the same in writing, to this court, and upon good cause shown, obtain an order that the proper clerk certify to the whole or part of the record, as may be required; or the same may be corrected by stipulation of counsel, in writing, filed with the clerk before argument. If the attorney of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompanied by an affidavit showing the existence of the error or defect alleged.

ABSTRACT OF RECORD.

Rule 33. Abstracts of Record.-For the purpose of facilitating consideration of the record in appealed cases, it is ordered that in every case in which a typewritten transcript on appeal shall be filed after September 1, 1915, the contents of which exceed 100 pages, 4 copies of an abstract of the record shall be filed by appellant not later than the filing of appellant's brief, service of which abstract shall be made on opposing counsel. This abstract shall be entitled "Appellant's Abstract of Record," and may be furnished in legible typewritten copies, or may be printed; in either case the form and arrangement to be the same as prescribed by these rules for typewritten or printed transcripts of record on appeal; such abstract to be properly indexed, paged and folioed. No case will be set for hearing until this rule has been complied with.

Rule 34. Supplemental Abstracts.—If the respondent is not satisfied with the appellant's abstract, he may within twenty days after the service of appellant's abstract, file four copies of a printed or typewritten supplemental abstract containing the matter omitted, or to the form of which he objects, in appellant's abstract. The supplemental abstract shall be entitled "Respondent's Supplemental Abstract" and shall follow the form and arrangement of the original ab stract. It shall refer, in each instance, to the page of the original abstract where the omitted matter or the corrected statement is to be inserted, and shall contain like references to the transcript of record on appeal: vided, that if it appears to the court upon an examination of the record that respond

Pro

ent's supplemental abstract was necessary for the proper consideration of the questions raised, and was made thus necessary because the appellant's abstract did not fairly state the record or the evidence, the costs of such supplemental abstract shall be charged to the appellant, without regard to which may be the winning party in the final decision of the court.

CALENDAR.

Rule 35. Calendar, How Made Up.—The calendar of each term shall consist only of those cases in which the transcript shall have been filed, on or before the last judicial day preceding the first day of the term, unless upon written consent of the parties, or for good cause shown, it shall be otherwise ordered by the court. The clerk must number and enter causes upon the calendar in In abstracting pleadings, motions, orders the order of the date of filing the transcript, or judgments, set out such parts of the same statement on appeal, application for writ of as may be necessary to show the nature of error or application for a writ in a special the action, make clear the issues and pre-proceeding, and number them consecutively, sent the questions raised, and no more. Omit all formal parts, unless error is based thereIn setting out exhibits omit all parts that are merely formal or irrelevant to the issues.

on.

In setting out testimony, abstract the same in narrative form, unless the question and answer in parts thereof is essential to an understanding of the error claimed. In all cases abstract only so much of the evidence as is material under the issues or necessary to show error.

If instructions are given or refused, in regard to which error is claimed, set out in full those instructions or requested instructions on which error is predicated.

and such number shall not be changed, except by order of the court, and if changed, the calendar must show the original number: Provided, that when the transcript in a criminal case is filed, it may be placed upon the calendar at any time by consent, or on motion of the defendant.

Rule 36. Placing on Calendar for Dismissal.-In all cases in which the appeal is perfected or writ of error issued, as provided in rule 26, and the transcript is not filed as by said rule prescribed, the case may be placed upon the calendar upon motion of the respondent or defendant in error, for the purpose of being dismissed, upon the certificate In all cases follow the events of the trial of the clerk, as provided by rules 29 and 30, in their chronological order. Do not omit or for the purpose of the case being heard proper captions or headings where necessary upon its merits, or for the purpose of having for convenient reference. Insert in every in- the judgment affirmed with or without dam

Rule 37. Hearing of Causes.-Civil caus- Rule 42. Cost-Bill; Service; Objections. es are entitled to be heard in the order they-The party to whom costs are awarded by appear on the calendar, and will be so heard this court shall file with the clerk of this unless otherwise ordered for good cause. court and serve upon the attorney for the

The court may, on application of the de- adverse party, his memorandum of costs fendant, order the hearing of any criminal | within ten days after the filing of the decicause at any term of the court, wherever sion. Such memorandum shall be duly veriit may be held, and may order the hearing in advance of any civil cause, regardless of its number on the calendar.

Rule 51. Failure of Appearance.—When a cause is reached on the calendar, and neither side has submitted a brief or statement of

referring to the transcript or abstract of] record by folios. Where erroneous citations to the transcript or abstract are made, the question suggested by such erroneous cita-points and authorities or is represented by tion will not be considered. The brief of the appellant and plaintiff in error shall also contain a distinct enumeration of the several errors relied on. On the cover and first page, shall be stated the title of this court, the title of the cause, and the names of counsel for appellant and respondent, and the district and county appealed from. No brief containing more than 100 pages shall be filed by the clerk.

counsel in court, the cause will be dismissed. When it is so submitted or represented by counsel for the respondent or defendant in error, and not for the appellant or plaintiff in error, the judgment, order or proceeding of the court below will be affirmed, of course, and without argument, on motion of respondent or defendant in error: Provided, however, that the court may, in its discretion, examine the record and render its judgment on the merits.

MOTIONS AND OBJECTIONS.

Rule 52. Motions, Preliminary, When Heard.-All preliminary motions will be heard each morning before proceeding with the regular call of the calendar.

Rule 53. Notice of Motion.-When notice of motion is necessary, and except when adverse counsel are present, the notice shall, except when a different time is prescribed by statute or by these rules, be three days, unless, for good cause shown, the time is shortened by order of the court, or of one of the justices; and when served away from the place of holding court, one day in addition for every one hundred miles distance.

Rule 47. Brief, How Printed.-Briefs shall be neatly and legibly printed, with black ink, on white writing paper, properly paged at the top, with a margin on the outer edge of the page of two inches. The printed page shall be seven inches long and three and a half inches wide, and the paper page shall be ten inches long and seven inches wide. Each brief shall be signed by counsel preparing it, stating his postoffice address; and shall be fastened together in a paper or cloth cover. The cover must be of sufficient-service, or any objection to the record, affectly light color to distinctly show the print.

Rule 48. Brief, When Served.-The brief of appellant, or plaintiff in error, in both civil and criminal cases, must be served within fifteen days after the filing of transcript, and the respondent, or defendant in error, has twenty days after such service in which to serve his brief upon the opposite party. If reply brief be prepared by appellant, service thereof must be made at least twenty-four hours before time of hearing. In criminal cases the brief of defendant must be served on both the attorney general and the county attorney. (In special proceedings, see rule 71.)

Rule 49. Brief, Copies Filed.-Before the time of the calling of a cause for argument, both parties shall file with the clerk at least six copies of their briefs for the justices of the court, the clerk and the reporter and the Lewiston library, and when the cause is called the clerk shall furnish a copy thereof to each of the justices.

Rule 50. Brief, Submission of Cause On. -Causes may be submitted on either or both sides, on printed briefs actually filed at the time. But the court will order an argument, on both sides, of all cases appearing to re

Rule 54. Objections to the Record, When Taken-Objections to the transcript, statement, the bond or undertaking on appeal or writ of error, the notice of appeal or to its

ing the rights of the appellant or plaintiff in error, to be heard on the points of error assigned, must be taken at the first term after the transcript is filed, and must be noted in writing and filed at least one day before the argument, or they will not be regarded. In such case the objection must be presented to the court before argument on the merits: Provided, that this rule shall not apply to motions to strike from the transcript matters therein contained that are not properly a part of the judgment roll or record on appeal, or matters that go to the jurisdiction of the court to hear the appeal.

Rule 55. Written Motion; Number of Copies.-Parties making motions in writing shall file with the clerk four copies of the same. ·

ARGUMENT.

Rule 56. Argument, How Conducted.-No more than two counsel on a side will be

heard upon the final argument, except in peculiar and important cases, upon leave of the court obtained before the argument is commenced; but each defendant who has appeared separately in the court below may be heard through his own counsel. The counsel for appellant or plaintiff in error shall be

Rule 67. Interest Disclosed; Service.-In applications for writs of review, mandate and prohibition, in case any court, judge or other officer, or any board or other tribunal, in the discharge of duties of a public character, be named in the affidavit as defendant, such affidavit must disclose the name or names of the real party in interest, or whose interest would be directly affected by the proceedings, and in such case it shall be the civ-duty of the applicant obtaining the order to serve or cause to be served upon such party or parties in interest a certified copy of the affidavit and a notice of the time of hearing on such application, in the same manner as upon the defendant named in the affidavit, and to produce and file in the office of the clerk of this court the same evidence of service.