Rule 69. How Numbered and Heard.— These causes must be numbered the same as other causes and placed on the calendar in-In cases where no provision is made by the same manner, and heard in their regular order: Provided, upon good cause shown, they may be heard out of their order.

SUPREME COURT OF NEW MEXICO

Adopted July 15, 1915, to Become Effective September 1, 1915

1. CLERK'S DUTIES.

1. Residence; office; not to practice in certain courts. The clerk of this court shall reside and keep his office at the seat of the state government. He shall not practice as an attorney or counsellor in the Supreme

or district courts of this state.

2. Original papers. The clerk shall not permit original records or papers to be taken from the office of the clerk or the court room without an order from the court.

shall be incurred, shall require an additional deposit sufficient to provide for the probable accruing costs in the case. Upon the final determination of any case, the clerk shall refund to the party advancing such money, the balance not applied to the payment of costs

and the sum collected for accrued costs from the losing party.

III. TRANSCRIPTS.

1. Filing of; number. In accordance with 3. Setting cases for oral argument and no-section 7, chapter 77, Laws of 1915, three coptice thereof. The clerk will set for oral ar-ies of the transcript of record in all cases, gument all matured cases, and cases which legibly typewritten, in double space typewritwill mature during the sessions in which ap-ing, shall be filed by the appellant or plainplications for arguments are made or ordered tiff in error with the clerk of this court. by the court, giving five days notice thereof, by mail, to the interested attorneys.

4. Opinions filed and recorded; notice to attorneys thereof. The clerk shall file and record all opinions of this court and immediately upon the announcement thereof shall notify one counsel on each side of the case of the result thereof.

5. Entering cases on docket. The clerk shall enter all cases on the docket in the order in which the transcripts on appeal, and the præcipes in cases of writs of error, are filed in his office. In such cases he shall en ter on the docket the date of allowance of the appeal or the issuance of the writ of er

ror.

6. Binding record; cost. As soon as any cause shall have been submitted and finally disposed of by the court, the clerk shall cause the printed abstract of record and briefs therein to be bound in one volume, in law sheep, for the purpose of preserving them, and the cost thereof shall be taxed by the clerk, but the cost shall not be in excess of two dollars.

II. DOCKET FEES.

1. Advanced docket fee; additional costs; refunding costs. Upon docketing a case in this court the appellant or plaintiff in error shall deposit with the clerk the sum of twenty dollars ($20.00), as advanced costs, which sum shall be applied to the payment of costs as they accrue. When the money in the hands of the clerk for cost purposes has been exhausted, the clerk, before any further costs

153 P.-b

2. Omission of matter in. In making up the transcript in cases of appeal and writs of error, the district court clerk, after setting out once in full the title of the case and the names of the parties thereto, shall, omit the title, headings and verifications of all papers filed in any such cases. In lieu of the full verifications of all papers the said clerk shall state, where the papers are verified, that the paper was verified in the usual form, naming the person verifying the same and the date thereof, unless the præcipe shall distinctly direct the clerk not to abbreviate the record in this manner.

3. Violating rule by clerk or party; penalty. If any clerk of the district court shall insert in any transcript any matter authorized to be omitted by section 2 hereof, he shall not be allowed to charge for so doing. If any such matter shall be embraced within any transcript when in the opinion of the court the same was unnecessary to a proper consideration of any point involved in the case, the costs thereof, in the discretion of the court, shall not be taxed against the unsuccessful party.

4. Cross appeal; one transcript. When appeal or writ of error is taken by both parties to a cause, a transcript of record filed by either party may be used in both cases and the cases shall be heard in the same manner as though separate transcripts had been filed in each case.

5. Opinions trial court attached by district court clerk. In all cases brought into this court, the clerk of the district court wherein

the judgment or decree was rendered shall
annex to and transmit with the record a copy
of the opinion or opinions filed in the case.

plaintiff in error may have such further ab-
stract stricken from the files.

V. APPEARANCES.

6. Translations; when none made case re-
manded for. Whenever any record trans-
mitted to this court shall contain any docu- 1. Filing of. Upon filing the transcript of
ment, paper, testimony or other proceedings record in appeal cases or the præcipe in cases
in a foreign language and the record does of writs of error, a written appearance for
not contain a translation thereof in the Eng-counsel for the party docketing the case shall
lish language, made upon the authority of the be filed with the clerk of this court, and coun-
district court, the record shall not be receiv-sel for appellee or defendant in error shall
ed but the case shall be reported to the court file a written appearance with the clerk be-
by the clerk and the case will thereupon before such party shall be entitled to be heard
remanded to the district court for the purpose in this court.

of inserting in the record the necessary trans-
lations.

7. Original papers to be transmitted to this
court when. Whenever it shall be necessary
or proper, in the judgment and opinion of
the judge of any district court, that original
papers of any kind should be inspected in
this court, such judge may make such rule or
order for the safekeeping, transporting and
return of such original papers as to him may
seem proper, and this court will receive and
consider such original papers in connection
with the transcript of record of the proceed-
ings.

8. Certain exhibits not to be included in
full in record. Voluminous exhibits and ex-
hibits which are important only as to the
fact of their existence or as to small portions
of their subject matter, or as establishing
a negative fact, shall not be included in full
in the record, unless the trial judge shall
so order, but a statement of their existence
or substance, with so much of their contents
as shall be necessary to a proper presenta-
tion of the point at issue shall be agreed up-
on by the parties or settled by the trial judge
and included in the record in place of the ex-
hibits as omitted.

IV. ABSTRACTS OF RECORD.

2. Dismissed when no appearance for the
appellant. When there is no appearance for
the plaintiff in error or appellant when the
case is called for oral argument or when the
court begins the consideration of the case on
briefs the appellee or defendant in error may
have the appellant or plaintiff in error called
and dismiss the appeal or writ of error, or
may open the record and pray for an affirm-
ance.

3. When appellee fails to appear. When
the appellee or defendant in error fails to ap-
pear, when the case is called for oral argu-
ment or submitted on briefs, the court will
proceed to hear the argument of appellant or
plaintiff in error and give judgment accord-
ing to the right of the case.

4. No appearance for either party. When
a case is called for oral argument or submit-
ted on briefs and no appearance has been
entered for either party, the case shall be
dismissed at the cost of the appellant or
plaintiff in error.

VI. ASSIGNMENTS OF ERROR.

1. Assignment of errors; filing; copies in
brief; contents of. Assignments of error
shall be written on a separate paper and filed
in the cause, and shall be copied into the
brief of appellant or plaintiff in error. Such
assignments of error shall contain the title
1. Printing, form of. The abstract of rec- of the cause and of the court from which the
ord shall be printed in the same form as is case comes. Each error relied upon shall be
prescribed for the printing of briefs by sub-stated in a separate paragraph.
section 2 of section 4 of rule 6 hereof, except
as further required by chapter 77 of the Laws
of 1915.

VII. BRIEFS.

Counsel

1. Must file brief; contents of.
shall not be heard in this court unless a brief
shall be first filed with the clerk in accord-
ance with these rules. All briefs shall con-
tain a statement of the case and facts, a copy
of the assignment of errors where assign-
ment of errors is required to be filed, points
made and the argument and authorities
thereunder. The briefs of the parties shall
be signed by their respective attorneys.

2. Service on adverse party; time of; pen-
alty for failure. Within five days after fil-
ing the abstract of record, under the provi-
sions of section 6 of chapter 77 of the Laws
of 1915, the party filing the same shall serve
two copies thereof upon the adverse party,
his attorney or counsel. When appellant or
plaintiff in error fails to serve his abstract
of record on the adverse party as required
herein, the appellee or defendant in error
may have the cause dismissed. When the ap- 2. Where the law does not require printed
pellee or defendant in error fails to serve his abstracts of record to be filed, briefs of the
abstract upon the opposite party in the time parties need not be printed, but may be type-
herein prescribed, in those cases in which he written. Under such circumstances five cop-
exercises his optional right of filing a fur-ies of brief of appellant or plaintiff in error,

within thirty days after filing assignments of
error, and in criminal cases within thirty
days after filing transcript of record. In
such cases reply brief of appellant or plain-
tiff in error may be filed within ten days aft-
er service of brief of appellee or defendant
in error.

3. Typewritten brief of the appellee; filing
service. The appellee or defendant in error,
in cases where typewritten briefs may be fil-
ed, shall file five copies of his brief with the
clerk within thirty days after being served
with brief of appellant or plaintiff in error,
and within five days therefrom serve one
copy thereof upon the adverse party, his
attorney or counsel.

4. PRINTED BRIEFS. a. Printed when. In
all cases where the law requires a printed
abstract of record to be filed in this court, the
briefs of the parties shall be printed.

sidered by the court any time after jurisdic-
tion attaches for the purpose of enforcing
this rule.

7. Granting extension of time to file. By
consent of the parties, or for good cause
shown before the time allowed for filing
briefs has expired, the court, or a Justice
thereof in recess, may extend the time for
filing briefs.

8. That where no other provision is made
by these rules for the number of copies of
briefs to be filed in this court and service
thereof, briefs may be typewritten and five
copies thereof shall be filed in this court and
one copy thereof shall be served on the ad-
verse party, his attorney or counsel, as pro-
vided in other cases.

VIII. ORAL ARGUMENTS.

1. Sessions of court. Sessions of the court
for the purpose of hearing oral arguments
shall be held, beginning with the second Wed-
nesday in January and the first Monday in
May and September of each year.

2. Cases when heard. All cases on the cal-
endar, except cases advanced as hereinafter
provided, shall be heard when reached in the
regular call of the docket, and in the order in
which they are set.

b. How to be printed. The briefs shall be
legibly printed with black ink, on white paper
of good quality, properly paged at the top,
with margins at the outer edge of the page
of at least one and one-half inches in width.
The printed page shall be seven inches long
and three and one-half inches wide and the
paper page shall be seven inches wide and
ten and one-half inches long. Each printed
brief shall be properly bound with a paper or 3. Advancing certain cases. Criminal cas-
cloth cover on which shall be printed the ti-es and cases which involve or affect some
tle of the court and cause, the number there-
of and the name of the attorney for the party
filing the same.

c. Filing by appellant; number of copies;
service of. Ten copies of the printed brief
shall be filed with the clerk by appellant or
plaintiff in error within thirty days after the
assignment of errors is filed in the office of
the clerk. Two copies thereof shall be serv-
ed on the adverse party, his attorney or coun-
sel, within five days after filing the same.

matter of general public interest or policy
may be advanced by leave of the court on
motion of either party.

4. Cases involving same question, heard
together. Two or more cases involving the
same question, by leave of the court, may be
heard together, but must be argued as one

case.

5. Application for. Upon written applica-
tion of either party in any case, the court
will set it down for oral argument, if the ap-
d. Answer brief; filing; service. Appellee plication is made within the time allowed for
or defendant in error, within thirty days aft-filing briefs; otherwise, the court, in its dis-
er being served with briefs of appellant or
plaintiff in error, shall file ten copies of his
brief with the clerk and within five days
thereafter serve two copies thereof upon the
adverse party, his attorney or counsel.

cretion, will refuse the application.

6. No application or order for argument,
court considers case on briefs. In all cases
in which application for oral arguments has
not been made or granted and in which the
court has not ordered oral arguments, the
court will consider and determine the cases
upon the briefs filed by the parties.

5. Reply brief. Appellant or plaintiff in
error may file a reply brief within ten days
after being served with brief of appellee or
defendant in error. Ten copies thereof shall 7. Ordering oral argument. The court will
be filed with the clerk and service thereof order oral arguments, without application,
made on the adverse party as in other cases. in all cases in which it deems such argu-
6. Failure to serve or file; penalties.ments are essential or necessary.
When appellant or plaintiff in error fails to 8. Notice to attorneys. Attorneys of rec-
file and serve his brief as required by these
rules, appellee or defendant in error may
have the case dismissed or submit it on
briefs. When appellee or defendant in error
fails to file or serve his briefs as required
herein and the briefs of appellant or plaintiff
in error have been filed and served in accord-
ance with these rules, appellant or plaintiff
in error may submit the cause and the other
party shall not be heard. Cases will be con-

ord on each side of all cases will be given five
days notice by mail of the date set for hear-
ing oral arguments, in conformity with sec-
tion 3 of rule 1 hereof.

9. Arguments limited; number of attorneys
to be heard. Arguments will be limited to
one hour on each side, unless the time is ex-
tended by special leave of the court. Not
more than two counsel on each side shall be
permitted to speak.

10. Opening and closing. The appellant or [ briefs in like manner within thirty (30) days plaintiff in error shall be entitled to open and thereafter. Reply briefs shall be filed and close the argument. When there are cross served within ten (10) days thereafter, whereappeals, they shall be argued as one case and upon said cause shall be placed upon the the plaintiff in the court below shall be en- calendar for hearing. titled to open and close the argument.

XI. SERVICE OF PAPERS.

11. Dismissed when parties not ready to argue. When a case is called for oral argument at two consecutive sessions and neither 1. Service of papers shall be made in the party is prepared to argue it at the second manner provided by law for service in the session, the cause will be dismissed at the district courts, except as herein otherwise cost of appellant or plaintiff in error, unless provided, and proof of service of briefs, mosufficient cause is shown for further post-tions and all other papers shall be made by ponement, or unless the cause be submitted certificate of the attorney causing the service on briefs.

IX. RE-HEARINGS.

1. Time of filing. A motion for re-hearing may be filed any time within twenty days after rendition of judgment in this court.

to be made or the affidavit of the person making the same, the certificate to be filed with the clerk of this court.

XII. MOTIONS.

1. All motions shall be reduced to writing.

2. Contents of. Motions for re-hearing shall distinctly point out that some question decisive of the cause and duly submitted by counsel has been over-looked by the court, or, XIII. APPEALS OR WRITS OF ERROR that the decision of the court is in conflict PROSECUTED FOR DELAY. with some controlling decision or provision 1. Cases prosecuted for delay; damages. by statute to which the attention of the court In cases where appeals or writs of error was not called through inadvertence or neg-prosecuted to this court shall delay the prolect of counsel. ceedings on the judgment of the district court and it shall appear that the appeal was taken or the writ of error sued out merely for delay, damages shall be awarded to appellee or defendant in error at the rate of ten per cent of the amount of the judgment.

3. Such motions shall be supported by printed or typewritten briefs at the option of the party filing same, and five copies thereof shall be filed, with said motion, in this court and one copy thereof shall be served as in other cases provided by these rules.

4. Pleading to. The party upon whom such motion and brief is served may within five days thereafter demur to the motion, move to strike the same or file an answer brief thereto.

XIV. COSTS.

1. Costs typewritten transcripts. There shall be taxed as costs in every case ten cents per folio for the original transcript, and 5. Forfeiting right to attack granting of; three cents per folio for each additional copy

when. Failure to resist or attack the motion shall forfeit the right of the party to raise any question on re-hearing as to the right or propriety of granting the motion.

thereof.

2. Costs printing the abstract. There shall be taxed as costs for printing the abstract of record its actual reasonable cost, not to ex6. Granted only on points urged. Re-hear-ceed twenty cents per folio: Provided, howings when granted at all shall be granted only upon such points as are made and urged in

the motion therefor.

7. Oral arguments when. Oral arguments on motions for re-hearing shall be granted only when a justice who concurred in the judgment desires it, and a majority of the court determines that it is necessary.

X. REMOVAL FROM STATE CORPORA-
TION COMMISSION.

Briefs. When any cause is removed from the State Corporation Commission to this court and docketed, the party against whom the order has been entered, shall file five copies of a typewritten or printed brief with the clerk of this court and serve a copy of the same upon the opposite party or his attorney within thirty (30) days from the date of filing of such order of removal in the clerk's

ever, that the clerk of this court shall not tax costs for printing the abstract of record in any case, unless the party filing the same shall have first filed with the clerk a receipted bill for the printing of the abstract.

3. Cost binding record. There shall be taxed as costs in every case filed in this court, where printed abstract of record is required, for binding the abstract of record and briefs for the purpose of preserving them, a sum not in excess of two dollars.

XV. MANDATE.

1. Mandate issues when. Upon denial of a petition for re-hearing, or if within twenty days after a decision no petition for re-hearing is filed, a mandate shall issue to the court below, as the cause may require, for execution, upon the payment by either party of