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COURT RULES

SUPREME COURT OF IDAHO

Adopted June 8, 1915. In effect August 8, 1915

ADMISSION OF ATTORNEYS.

Rule 4. Prerequisites for Examination.Rule 1. Qualifications of Admission.—In Only bona fide residents of this state, who inorder to be admitted to practice as an at- tend to engage in the practice of the law as torney and counselor at law in this court, a business, shall be eligible for examination the applicant must either

as attorneys and counselors of this court. 1. Have been previously admitted in the Applications for examination shall be in writhighest court of a sister state or territory, ing, verified by oath of the applicant, statand practiced law as a principal occupation

ingunder such certificate of admission for not

1. The full name of the applicant.

2. His age. less than three years, immediately preceding his application to practice in this state,

3. The place of residence for the two years and be in good standing in said court at immediately prior to the date of such apthe time of said application, or

plication.

4. With whom he has read law, or in what 2. Pass a strict examination in open court as to his qualifications, as hereinafter pre in the law, and for how long a period; also

school or schools he has received instruction, scribed; and 3. Such applicant must be over twenty-one what text-books he has read.

Such application shall be filed with the years of age, and a citizen of the United

clerk of this court not less than thirty days States.

before the date of the examination which Rule 2. Testimonials and Conditions.—Ev- the applicant desires to take, and shall be ery person admitted to practice as an attor- accompanied by a certificate signed by at ney in this court must produce satisfactory least two attorneys of this court, each of testinionials of good moral character, recom- whom shall have been regularly engaged in mending his admission, signed by at least practice as such for not less than four years two attorneys of this court in good standing next theretofore, and who are at such time who have been admitted to practice in this in good standing in this court, stating, in court for not less than one year; must file substance, that they, and each of them, have with the clerk of this court satisfactory evi- carefully and diligently examined the applidence that he has paid to the state treasurer cant, touching his general educational equipthe sum of twenty-five dollars for the use of ment, from which it appears to them that the state library fund, and if admitted upon the applicant is possessed at least of such a the certificate of the highest court of another degree of general education as would be state or territory, must file with the clerk equivalent to that acquired by reason of havof this court an affidavit made either by him-ing completed a standard high-school course; self or the clerk of the other court, showing that it further satisfactorily appeared to that he is still in good standing in such them, and each of them, upon such examinacourt, and in case he can not produce his tion, that the applicant had been engaged in said certificate, he may show the facts by his the study of law for a period of time to be affidavit, setting forth the name of the state named in the certificate, naming the place (or territory), county, court and time of such at which, and the person under whom, if admission, and stating what has become of any, such study was prosecuted; and stating said certificate, accompanied by a certified any other facts tending to show the extent copy of the record showing his admission in of the attainments of the applicant; and also the other court.

that in their opinion the applicant possesses Rule 3. Qualifications of Moving Attor- the requisite qualifications to entitle him to ney.-Motions for admission of an attorney, be admitted to practice: either upon examination or certificate, shall Provided, that no student of the law debe made only by an attorney of this court partment of the University of Idaho shall who has been in good standing therein for be permitted to take the examination for adnot less than one year.

mission to the bar during his regular course 153 P.

(vii)

of instruction in that institution: And, pro-, any organization entertaining and teaching such vided further, that in lieu of the certificate disbelief in or opposition to all organized govof two attorneys touching his qualifications ernment; or an advocate or a teacher of the

duty, necessity or propriety of the unlawful asin point of learning, an applicant to take saulting or killing of any officer or officers, eithe examination, who is a graduate of the ther of specific individuals or of officers generlaw department of the University of Idaho, ally, of the government of the United States or may submit, for the inspection of the court, his or their official character;

that I will sup

of any other organized government, because of his diploma as evidence that he possesses the port the Constitution and laws of the United requisite educational qualifications entitling States and of this state; that I will maintain him to take the examination.

the respect due to courts of justice and to judi

cial officers; that I will be true to the court Rule 5. Conduct of Examination. The and to my clients; that I will abstain from all first day of every regular term of the court, ject for any consideration personal to myself,

offensive personalities, and that I will never reor so much thereof as may be necessary, the cause of the defenceless or oppressed. So shall be set aside for the purpose of exam- help me God." ining applicants for admission as attorneys

Rule 7. Appearance of Foreign Attorneys. and counselors of this court. The court shall

- Where in original files or briefs the name prepare, or cause to be prepared, a series of of any person appears as counsel in the case questions embracing such subjects • as the who has not been regularly admitted to praccourt may deem proper, and cause, upon the tice in the courts of this state, or to whom day before such examination, a sufficient

the privilege of appearing in the case has number of such questions to be written or not been extended by the court, a motion will printed to furnish each applicant with one be entertained to strike the name of such copy thereof. Such copies shall be deposited with the clerk of the court, who shall not not be permitted to appear as an attorney in

person from such files or briefs, and he will communicate to the applicants, or to any oth- this court or in the district courts of the er person, the substance of the questions state until he has complied with the statuasked, or the subjects treated, or give any tory requirements controlling the admission information in regard thereto. At the time

and practice of attorneys in this state. set for the examination each candidate for

The written opinions of the court will not admission shall appear and by the clerk, under direction of the court, shall be furnished

recite or designate the names of attorneys with a copy of the questions so prepared, have been duly admitted to practice in this

appearing as counsel unless such attorneys and shall then, in open court, and under the

court. supervision of the court, and without reference to books or memoranda of any kind,

TERMS OF COURT. and without consultation or conversation Rule 8. Terms of Court, Regular and Spewith each other or any other person, prepare cial.The regular terms of the court, if any written answers consecutively to the ques. change is made, shall be fixed at the last sestions propounded, upon paper furnished them sion of the year or the first Monday of Janfor that purpose. Seven hours shall be al- uary following. Adjourned and special terms lowed in which such answers may be pre- shall be held as the court or two of the juspared; and unless the answers are sooner tices may order. prepared and placed in the hands of the clerk, no applicant will be allowed to leave MATTERS PRELIMINARY TO FILING the court room without permission of the

TRANSCRIPT. court, and then only upon his promise given that he will not attempt to communicate with

Rule 9. Exception, When Refused, May any one upon the subject-matter of any of be Proved.-If any judge or referee before the questions asked. At the end of seven

whom a case has been tried neglects or rehours, unless all of the applicants have soon

fuses to settle and allow a reporter's traner finished, the written answers shall be script, a bill of exceptions or statement in surrendered to the court, or the clerk, being accordance with the facts, within thirty days first signed by the several applicants respec- after the same is finally submitted to him, tively. Thereupon, and at such time as the the party aggrieved may apply by petition to court may deem convenient, it shall admit this court, or one of the justices thereof, to

The petition must be filed such of the candidates as appear to the court prove the same. to be duly qualified, satisfactory proof hav- with the clerk of this court within thirty ing been made of the good moral character days after such refusal, and a copy of the of such applicants.

petition served upon the adverse party. The

facts may be presented by certified copies of Rule 6. Oath and Roll.-Every person ad- the record, stenographers' notes, duly verimitted to practice as an attorney and coun-fied, or affidavits, and, if necessary, oral tesselor of this court must sign the roll of at- timony. torneys and take the following oath of of

Rule 10. Proceeding, if Judge Dies or is fice:

Disqualified.-When a judge or judicial ofI

do solemnly swear that I am not a disbeliever in or opposed to all organized ficer, before whom a case has been tried, government, or a member of or affiliated with dies, becomes disqualified, or is absent from

the state, or when from any other reason, stating the district and county from which there is no mode provided by law for the the appeal is taken. The first paper in all settlement of a statement on motion for new transcripts must state the title of the court trial 'or bill of exceptions, the successor in and cause in the court below, but from all office of such judge or judicial officer, or the the following papers, orders or proceedings judge of an adjoining district, may settle it must be omitted, and the name of the paand sign such statement or bill of exceptions, per, order or proceeding simply given; the and in settling either, such judge or officer indorsements on the back of papers and the may, in his discretion, permit affidavits to verifications must be omitted, except the date be read to assist him in settling disputed of filing, which must be added at the end of points.

each paper, and if the paper is verified, say Rule 11. Certificate of Probable Cause. | “duly verified." If some error is assigned, No application made to a justice of this or some fact is necessary to be shown as to court under section 8048, Rev. Codes, for a

the form, sufficiency or substance of the ticertificate of probable cause will be consid- tle, indorsements or verification, they must ered until the application has first been made be transcribed in full. to the judge who tried the case, or good rea Rule 16. Chronological Order.-In all son for a failure to do so be shown by affi- transcripts the papers and record entries davit, and in such cases the party intending making up the same must be inserted chronto apply for certificate shall give at least ologically, as indicated by the date of the five days' notice of his intention to make Aling or recording; that is, the paper or recsuch application by service of notice thereof ord bearing the oldest filing or recording either upon the county attorney who tried date, which is necessary to be inserted in the the cause or the attorney general.

transcript, must be first inserted, and the regRule 12. Substitution of Representative.- ular order of such dates thereafter followed. Upon the death or other disability of the party, pending an appeal or writ of error of the transcript must be numbered, and each

Rule 17. Paging and Index.-Each page his representative shall be substituted in the

ten lines must be numbered on the left marsuit by suggestion in writing to the court on the part of such representative, or of any the end. It must be prefaced with a com

gin of the page, from the commencement to party to the record. Upon the entry of such suggestion, an order of substitution shall be plete index of every paper, order, proceeding, made, and the cause shall proceed as in oth- exhibit, and the testimony of each witness,

and the page and folio where the same may

be found in the transcript, thus: TRANSCRIPT.

Page. Folio. Answer

9 54 to 60 Rule 13. Transcript, May be printed or

Complaint

1 1 to 53 Typewritten.-Transcripts of record may be Demurrer

16 61 to 64 printed or typewritten. Printed transcripts

Evidence must be printed on unruled white writing pa

Doe, John...

8. 80 to 96 Smith, Samuel..

20 110 to 186 per ten inches long by seven inches wide, Exhibit "A".

26 90 to 92 with a margin on the outer edge of not less (Specifying nature of the than two inches wide. The printed page,

exhibit, as:

Deed from

Smith to Jones.) exclusive of any marginal note or reference,

Findings of fact and conclushall be seven inches long and three and sions of law..

24 191 to 240 one-half inches wide. Small pica solid is Judgment

28 243 to 244 the smallest letter and most compact mode of

Motion for new trial.

30 243 to 244 Notice of appeal.

31 245 to 246 composition allowed. Six copies of printed Order denying motion for transcripts must be filed.

new trial.....

32 247 to 248 Rule 14. Cost of Printing.-The expense Rule 18. Contents of Transcript.-When of printed transcripts on appeal in civil caus- there has been a general appearance in the es, and the pleadings, affidavits or other pa- action by all the defendants, or when the pers constituting the record in original pro- summons is not made a part of the judg. ceedings upon which the case is heard in ment roll by section 4456, Rev. Codes, the this court, shall be allowed as costs and tax- summons must not be inserted in the traned in bills of cost in the usual mode, at not script, unless upon an exception saved thereto exceed 75 cents per page.

to it is made a part of a bill of exceptions ; Rule 15. Arrangement of Transcript.-On and no paper or proceeding shall be inserted the first page and cover of all transcripts in the transcript as a part of a judgment roll must be stated the title of this court, the ti- unless it is made part thereof by said section. tle of the cause in the court below (substi. When the transcript is printed, the stenotuting for the words “plaintiff” or “defend graphic reports, notes or other statement of ant” the words "appellant” or “respondent," the evidence in the form of questions and as the case may require), the names of coun answers must not be inserted either by bill sel for appellant and respondent, and the of exceptions or statement; except when words "transcript on appeal,” followed by ! necessary to elucidate a point made or an

er cases.

exception saved, the question must be omit-, for extension of time may be made by any ted and the evidence stated in a concise nar- party interested in the appeal, which applirative form, avoiding all unnecessary repeti- cation must be served upon the adverse partions by the same witness. When there is ty, giving notice of time and place of hearno question as to the weight or sufficiency of ing of motion, which shall not be less than the evidence, the facts may be stated in the two days, and upon such hearing the disnature of a special verdict, or it is sufficient trict judge may grant such extension of time to state that the plaintiff, or defendant, in- as he deems to be necessary. troduced evidence tending to prove the issue on his part or tending to prove certain facts, tions to Clerk.The clerk of the district court

Rule 21. Typewritten Transcript; Direcnaming them. Pleadings, motions, orders, findings, instructions, files or other papers, appeal, under the provisions of chapter 117,

shall, in the preparation of transcript on when once inserted in the transcript, must Laws of 1911, and chapter 146, Laws of 1915, not be repeated unless the adverse party

use white typewriter paper of the standard claims that they are incorrectly stated as first inserted; but when found a second time

legal size, unglazed and of approximately in any bill of exceptions, statement or other 274 lbs. 'weight to the ream, leaving a marpart of the record, it is sufficient to refer to gin of two inches at the top and one and a them as having been already inserted in the half inches at the left, and shall use black transcript. The appellant or his attorney, written page shall be double spaced and the

record ribbon and black carbon paper. The must by præcipe, indicate to the clerk the files and records of the cause to be inserted pages shall be numbered at the bottom and

the folio numbers shall be written on the in the transcript.

left margin, every ten lines being marked as Rule 19. Typewritten Transcript; Proce- a folio. Four copies may be made with cardure.—Where in lieu of a bill of exceptions bon sheets, but the carbon copies must be the appellant desires to obtain a reporter's plain and legible and no carbon sheet shall transcript, as provided in chapter 119, Laws be used after it is so worn as to blur or leave of 1911 for civil actions, and in chapter 148, any letters indistinct. All transcripts shall Laws of 1915, for criminal actions, applica- be bound by securely fastening the same at tion for an order of the district judge direct the top, suitably stapled or tied, and covering the reporter to prepare such transcript, ed with substantial cardboard or other equivif not made before the appeal is taken, must alent covers, and the same shall be bound in be made and forthwith transmitted to the volumes not to exceed 400 sheets; provided judge upon the perfecting of such appeal; a volume may be made to contain 500 pages and upon such order being made it shall be where the same will include an entire tranfiled forthwith with the clerk of the district script or the entire remainder of the trancourt from which the appeal is taken, and script. a copy thereof shall be served by appellant Where the transcript of the reporter's notes upon the reporter, who shall thereupon fur comprises a volume of 400 pages or more, the nish the party an estimate of the cost of copies of papers to be prepared by the clerk such transcript, and upon receipt of such esti- may be bound in a separate volume from the mate the appellant shall forthwith pay such stenographer's notes. The volume or volumes fees to the reporter.

comprising the entire transcript on appeal

shall be properly numbered by the clerk in Rule 20. Typewritten Transcript; Time chronological order, and the folio numbers for Preparation. The time granted for the shall begin with the complaint and run conpreparation of the transcript of the reporter's secutively throughout the entire transcript, notes shall in all cases be limited by the dis- including the transcript of the reporter's trict judge, who shall fix such time so as to

notes. cause the transcript to be prepared with the least delay consistent with the other official

Rule 22. Typewritten Transcript; Direcduties of the reporter: Provided, that in tions to Reporter.-All transcripts made by case the reporter is unable from any cause court reporters under the statutory provito complete such transcript within the time sions referred to in Rule 19 shall be made in limit so fixed, the reporter shall himself all respects in accordance with the provisions make and present to the district judge a

and requirements of the foregoing rule No. written application, copy of which he shall 21, except that the reporter shall not number transmit to appellant's attorney, stating the the folios. reasons for the delay and the extension of Rule 23. Transcripts; Non-Compliance time required to complete such transcript; with Rules.—Transcripts not prepared in acwhereupon the district judge may grant such cordance with rules 13, 15, 16, 17, 21 and 22 extension of time as appears to him to be shall not be filed by the clerk of the Sunecessary or proper. Upon the failure or preme Court without correction, but shall be neglect of the reporter to make such applica- returned by him to the clerk of the district tion, and where it appears that he is unable court (or to appellant's attorney in the case from any cause to complete the transcript of printed transcripts), from whom he rewithin the time fixed, application in writing Iceived them, for proper preparation, and if

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