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 eitheras attorneys and counselors of this court. Applications for examination shall be in writing, verified by oath of the applicant, stating 1. Have been previously admitted in the highest court of a sister state or territory, and practiced law as a principal occupation under such certificate of admission for not less than three years, immediately preceding his application to practice in this state, and be in good standing in said court at the time of said application, or 2. Pass a strict examination in open court as to his qualifications, as hereinafter scribed; and 1. The full name of the applicant. 3. The place of residence for the two years immediately prior to the date of such application. 4. With whom he has read law, or in what pre-school or schools he has received instruction in the law, and for how long a period; also what text-books he has read. 3. Such applicant must be over twenty-one years of age, and a citizen of the United States. Rule 2. Testimonials and Conditions.-EVery person admitted to practice as an attorney in this court must produce satisfactory testimonials of good moral character, recommending his admission, signed by at least two attorneys of this court in good standing who have been admitted to practice in this court for not less than one year; must file with the clerk of this court satisfactory evidence that he has paid to the state treasurer the sum of twenty-five dollars for the use of the state library fund, and if admitted upon the certificate of the highest court of another state or territory, must file with the clerk of this court an affidavit made either by himself or the clerk of the other court, showing that he is still in good standing in such court, and in case he can not produce his said certificate, he may show the facts by his affidavit, setting forth the name of the state (or territory), county, court and time of such admission, and stating what has become of said certificate, accompanied by a certified copy of the record showing his admission in the other court. Rule 3. Qualifications of Moving Attorney.-Motions for admission of an attorney, either upon examination or certificate, shall be made only by an attorney of this court who has been in good standing therein for not less than one year. 153 P. Such application shall be filed with the clerk of this court not less than thirty days before the date of the examination which the applicant desires to take, and shall be accompanied by a certificate signed by at least two attorneys of this court, each of whom shall have been regularly engaged in practice as such for not less than four years next theretofore, and who are at such time in good standing in this court, stating, in substance, that they, and each of them, have carefully and diligently examined the applicant, touching his general educational equipment, from which it appears to them that the applicant is possessed at least of such a degree of general education as would be equivalent to that acquired by reason of having completed a standard high-school course; that it further satisfactorily appeared to them, and each of them, upon such examination, that the applicant had been engaged in the study of law for a period of time to be named in the certificate, naming the place at which, and the person under whom, if any, such study was prosecuted; and stating any other facts tending to show the extent of the attainments of the applicant; and also that in their opinion the applicant possesses the requisite qualifications to entitle him to be admitted to practice: (vii) Provided, that no student of the law department of the University of Idaho shall be permitted to take the examination for admission to the bar during his regular course 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 in point of learning, an applicant to take the examination, who is a graduate of the law department of the University of Idaho, may submit, for the inspection of the court, his diploma as evidence that he possesses the requisite educational qualifications entitling him to take the examination. ernment; or an advocate or a teacher of the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the government of the United States or his or their official character; that I will supof any other organized government, because of port the Constitution and laws of the United States and of this state; that I will maintain the respect due to courts of justice and to judicial officers; that I will be true to the court and to my clients; that I will abstain from all offensive personalities, and that I will never reject for any consideration personal to myself, the cause of the defenceless or oppressed. So help me God." Rule 5. Conduct of Examination.-The first day of every regular term of the court, or so much thereof as may be necessary, shall be set aside for the purpose of examining applicants for admission as attorneys and counselors of this court. The court shall-Where in original files or briefs the name Rule 7. Appearance of Foreign Attorneys. 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 person from such files or briefs, and he will with the clerk of the court, who shall not not be permitted to appear as an attorney in 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 admission shall appear and by the clerk, un der direction of the court, shall be furnished The written opinions of the court will not recite or designate the names of attorneys have been duly admitted to practice in this appearing as counsel unless such attorneys court. TERMS OF COURT. Rule 8. Terms of Court, Regular and Special.-The regular terms of the court, if any change is made, shall be fixed at the last session of the year or the first Monday of January following. Adjourned and special terms shall be held as the court or two of the justices may order. with a copy of the questions so prepared, Rule 6. Oath and Roll.-Every person admitted to practice as an attorney and counselor of this court must sign the roll of attorneys and take the following oath of office: "I .. do solemnly swear that I am not a disbeliever in or opposed to all organized government, or a member of or affiliated with PRELIMINARY TO FILING Rule 9. Exception, When Refused, May be Proved.-If any judge or referee before whom a case has been tried neglects or refuses to settle and allow a reporter's transcript, a bill of exceptions or statement in accordance with the facts, within thirty days after the same is finally submitted to him, the party aggrieved may apply by petition to this court, or one of the justices thereof, to prove the same. The petition must be filed with the clerk of this court within thirty days after such refusal, and a copy of the petition served upon the adverse party. The facts may be presented by certified copies of the record, stenographers' notes, duly verified, or affidavits, and, if necessary, oral testimony. Rule 10. Proceeding, if Judge Dies or is Disqualified.-When a judge or judicial officer, before whom a case has been tried, 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 settlement of a statement on motion for new trial or bill of exceptions, the successor in office of such judge or judicial officer, or the judge of an adjoining district, may settle and sign such statement or bill of exceptions, and in settling either, such judge or officer may, in his discretion, permit affidavits to be read to assist him in settling disputed points. the appeal is taken. The first paper in all transcripts must state the title of the court and cause in the court below, but from all the following papers, orders or proceedings it must be omitted, and the name of the paper, order or proceeding simply given; the indorsements on the back of papers and the verifications must be omitted, except the date of filing, which must be added at the end of each paper, and if the paper is verified, say If some error is assigned, or some fact is necessary to be shown as to the form, sufficiency or substance of the title, indorsements or verification, they must be transcribed in full. Rule 11. Certificate of Probable Cause.—"duly verified." No application made to a justice of this court under section 8048, Rev. Codes, for a certificate of probable cause will be considered until the application has first been made to the judge who tried the case, or good reason for a failure to do so be shown by affidavit, and in such cases the party intending to apply for certificate shall give at least five days' notice of his intention to make such application by service of notice thereof either upon the county attorney who tried the cause or the attorney general. Rule 12. Substitution of Representative.Upon the death or other disability of the party, pending an appeal or writ of error, his representative shall be substituted in the suit by suggestion in writing to the court on the part of such representative, or of any party to the record. Upon the entry of such suggestion, an order of substitution shall be made, and the cause shall proceed as in oth er cases. TRANSCRIPT. Rule 13. Transcript, May be Printed or Typewritten.-Transcripts of record may be printed or typewritten. Printed transcripts must be printed on unruled white writing paper ten inches long by seven inches wide, with a margin on the outer edge of not less than two inches wide. The printed page, exclusive of any marginal note or reference, shall be seven inches long and three and one-half inches wide. Small pica solid is the smallest letter and most compact mode of composition allowed. Six copies of printed transcripts must be filed. Rule 16. Chronological Order.-In all transcripts the papers and record entries making up the same must be inserted chronologically, as indicated by the date of the filing or recording; that is, the paper or record bearing the oldest filing or recording date, which is necessary to be inserted in the transcript, must be first inserted, and the regular order of such dates thereafter followed. Rule 17. Paging and Index.-Each page of the transcript must be numbered, and each ten lines must be numbered on the left marthe end. It must be prefaced with a comgin of the page, from the commencement to plete index of every paper, order, proceeding, exhibit, and the testimony of each witness, and the page and folio where the same may be found in the transcript, thus: 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 judgceedings 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 to exceed 75 cents per page. Rule 15. Arrangement of Transcript.-On the first page and cover of all transcripts must be stated the title of this court, the title of the cause in the court below (substituting for the words "plaintiff" or "defendant" the words "appellant" or "respondent," as the case may require), the names of counsel for appellant and respondent, and the words "transcript on appeal," followed by script, unless upon an exception saved thereto it is made a part of a bill of exceptions; and no paper or proceeding shall be inserted in the transcript as a part of a judgment roll unless it is made part thereof by said section. When the transcript is printed, the stenographic reports, notes or other statement of the evidence in the form of questions and answers must not be inserted either by bill of exceptions or statement; except when necessary to elucidate a point made or an party interested in the appeal, which application must be served upon the adverse party, giving notice of time and place of hearing of motion, which shall not be less than two days, and upon such hearing the district judge may grant such extension of time as he deems to be necessary. exception saved, the question must be omit- [ for extension of time may be made by any ted and the evidence stated in a concise narrative form, avoiding all unnecessary repetitions by the same witness. When there is no question as to the weight or sufficiency of the evidence, the facts may be stated in the nature of a special verdict, or it is sufficient | to state that the plaintiff, or defendant, introduced evidence tending to prove the issue on his part or tending to prove certain facts, naming them. Pleadings, motions, orders, findings, instructions, files or other papers, when once inserted in the transcript, must not be repeated unless the adverse party claims that they are incorrectly stated as first inserted; but when found a second time in any bill of exceptions, statement or other part of the record, it is sufficient to refer to them as having been already inserted in the transcript. The appellant or his attorney, must by præcipe, indicate to the clerk the files and records of the cause to be inserted in the transcript. Rule 19. Typewritten Transcript; Procedure. Where in lieu of a bill of exceptions the appellant desires to obtain a reporter's transcript, as provided in chapter 119, Laws of 1911 for civil actions, and in chapter 148, Laws of 1915, for criminal actions, application for an order of the district judge directing the reporter to prepare such transcript, if not made before the appeal is taken, must be made and forthwith transmitted to the judge upon the perfecting of such appeal; and upon such order being made it shall be filed forthwith with the clerk of the district court from which the appeal is taken, and a copy thereof shall be served by appellant upon the reporter, who shall thereupon furnish the party an estimate of the cost of such transcript, and upon receipt of such estimate the appellant shall forthwith pay such fees to the reporter. tions to Clerk.-The clerk of the district court · Rule 21. Typewritten Transcript; Direcshall, in the preparation of transcript on appeal, under the provisions of chapter 117, Laws of 1911, and chapter 146, Laws of 1915, use white typewriter paper of the standard legal size, unglazed and of approximately 22 lbs. weight to the ream, leaving a margin of two inches at the top and one and a half inches at the left, and shall use black record ribbon and black carbon paper. The written page shall be double spaced and the pages shall be numbered at the bottom and the folio numbers shall be written on the left margin, every ten lines being marked as a folio. Four copies may be made with carbon sheets, but the carbon copies must be plain and legible and no carbon sheet shall be used after it is so worn as to blur or leave any letters indistinct. All transcripts shall be bound by securely fastening the same at the top, suitably stapled or tied, and covered with substantial cardboard or other equivalent covers, and the same shall be bound in volumes not to exceed 400 sheets; provided a volume may be made to contain 500 pages where the same will include an entire transcript or the entire remainder of the transcript. Where the transcript of the reporter's notes comprises a volume of 400 pages or more, the copies of papers to be prepared by the clerk may be bound in a separate volume from the stenographer's notes. The volume or volumes comprising the entire transcript on appeal shall be properly numbered by the clerk in chronological order, and the folio numbers shall begin with the complaint and run consecutively throughout the entire transcript, including the transcript of the reporter's notes. Rule 22. Typewritten Transcript; Direc tions to Reporter.-All transcripts made by court reporters under the statutory provisions referred to in Rule 19 shall be made in all respects in accordance with the provisions and requirements of the foregoing rule No. 21, except that the reporter shall not number the folios. Rule 20. Typewritten Transcript; Time for Preparation. The time granted for the preparation of the transcript of the reporter's notes shall in all cases be limited by the district judge, who shall fix such time so as to cause the transcript to be prepared with the least delay consistent with the other official duties of the reporter: Provided, that in case the reporter is unable from any cause to complete such transcript within the time limit so fixed, the reporter shall himself make and present to the district judge a written application, copy of which he shall transmit to appellant's attorney, stating the 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 | ceived them, for proper preparation, and if |