ÆäÀÌÁö À̹ÌÁö
PDF
ePub
[blocks in formation]

COURT RULES.

SUPREME COURT OF NEBRASKA.

1. [Sittings of the court.]-The regular public sessions of this court will be held on the first and third Tuesdays of each month at 9 o'clock a. m., standard time, during each

term.

2. Section 1. [Submission of causes.]

Causes will be taken up and heard in their order on the docket. A cause shall be regarded as regularly reached for submission at the expiration of the time hereinafter provided for the service and filing of briefs. Any cause may, however, be submitted upon the written stipulation of the parties thereto providing for such submission on printed briefs accompanied by or containing agreed printed abstract of the record and evidence upon which the case is to be determined. Default.]-Whenever a cause is reached and the brief of the party having the affirmative is not on file, the judgment will be affirmed or the proceeding dismissed. When default has been made by the other party and there is due proof of service of process and the briefs of the party holding the affirmative are on file with proof of service thereof within the time provided by rule 9, he may proceed ex parte. The hearing of no cause shall be delayed by default of either party in serving or filing briefs. To avoid such results the case will be disposed of as if the delinquent party's brief had not been served: Provided, that the court may under special circumstances and on suitable terms otherwise order.

2. Sec. 2. [Same.]-Criminal cases will stand advanced for hearing without motion. The court will, on motion, which motion shall be submitted without argument, advance for hearing cases which have once or more already been regularly upon the docket of the court and which were not on such former occasion dismissed on motion of the party seeking the advancement. A confession of error shall be deemed equivalent to a dismissal on motion of the party confessing error. The court will likewise advance cases within the original concurrent jurisdiction of this court, which have been prosecuted in the district court and brought to this court by appellate proceedings. The court may also in its discretion advance other cases if they involve questions of public interest; but this power will not be exercised except in cases of grave import and serious urgency.

117 N.W.

[ocr errors]

(v)

3. [Order of hearing.]-The court, in advance, shall, by order, designate what cases shall be submitted and when, having reference to the order of time in which such cases were originally docketed. Advanced cases and cases in which rehearings shall have been granted will be placed on the call for the sitting of court next following the expiration of the time for serving briefs as provided by the rules.

4. [Criminal cases-Second transcript unnecessary.]-Whenever, in a criminal case, a writ of error shall be issued upon a certified transcript of a record, no further transcript shall be required or allowed to be taxed in the bill of costs, but the same transcript shall be returned with the writ, and shall be deemed sufficient, unless diminution or other objection thereto be suggested.

5. [Time for oral argument.]—In the oral argument of a cause, the time allowed the parties on each side shall not exceed thirty minutes, unless for special reasons the court shall extend the time. Oral arguments on a motion will be limited to five minutes on a side.

6. [Notice of motions.]—Every application for an order in any case shall be in writing, and except as to motions for rehearing, shall be granted only upon the filing thereof at least two days before the hearing, and due proof of service of notice on the adverse party or his attorneys, at least three days before the hearing, which, in all cases, must be fixed for one of the session days provided for by rule 1, to-wit: the first or third Tuesday of any month during term time. The notice herein provided for shall conform to the provisions of section 574 of the Code of Civil Procedure, and may be served by a bailiff of this court, or by any sheriff or constable in this state, or by any disinterested person; in the latter case, however, the return must be under oath. Fees for service of said notice shall be allowed and taxed as for the service of summons in proper cases.

7. [Motions for rehearing.]-A motion for rehearing may be filed as of course at any time within forty days from the filing of the opinion or rendition of the judgment of the court in the case. Such motion must specify distinctly the grounds upon which it is based, and must be accompanied by a separate printed brief.

8. [Mandates.]-No mandate shall issue in any civil case during the time allowed for the filing of a motion for rehearing, or pending the consideration thereof, unless specially ordered by the court.

9. [Briefs.]—At the time of docketing each case the clerk of this court shall estimate the probable date on which the same will be reached for hearing, and thereupon fix and enter on the appearance docket the time, to be known as rule day, within which the plaintiff, appellant or relator shall serve his brief of points and citations in support thereof on the opposite party or his attorney of record, which rule day shall be less than sixty days before the date of hearing so estimated by the clerk. Within thirty days after rule day or within thirty days after such service the opposite party shall serve his brief on the first party who may, at his own expense, reply thereto within ten days thereafter.

[Criminal cases.]-In criminal cases the fortieth day after the docketing of the case shall be rule day.

[Advance cases.]-In advanced cases rule day shall be the thirtieth day after the order of advancement is entered.

[When filed.]-Ten copies of each brief so prepared by either party, together with proof of service of the same on the opposite party, shall be filed in the clerk's office before the case is submitted.

[Rehearings. Within thirty days after a rehearing has been allowed the party holding the affirmative may serve a printed brief of his points and citations on the opposite party or his attorney of record, by whom in turn a like brief in answer may be served within thirty days after the service of the first required brief, or after the service of a notice that the party holding the affirmative will stand on his original brief, to which answer brief the first party may reply within ten days at his own expense. Ten copies of each brief so prepared and served on rehearing, together with proof of service, shall be filed in the clerk's office before the case is submitted.

[Cross-appeals.]-A cross-appellant shall serve his brief of points and citations upon the cross-appellee or his attorney of record at or before the time fixed by the clerk as rule day. A cross-appellee shall serve his brief within thirty days after rule day or service of briefs on him.

[Leave to file briefs.]-A party in default for want of briefs may be permitted to serve and file them out of time by leave of court upon satisfactory showing of diligence and upon such terms as to costs as the court may direct. Where a cause has been regularly reached in its order and placed on the trial list and calendar for submission at a speci

fied session of the court, and leave is applied for and granted to serve and file briefs by a party who is in default, thereby causing a continuance until a subsequent session, the court may not only in its discretion award against such party taxation absolutely of such portion of the ordinary taxable costs made or to be made in the case as it may deem proper, but also and in addition thereto a reasonable attorney's fee to the opposite party for attendance of counsel at the session, to be taxed as a part of the costs in the case.

10. [Briefs-How printed.]-All briefs shall be printed on good book paper on pages eight inches wide and eleven inches long, small pica type, leaded lines; the printed matter to be four inches wide and seven inches long, with a margin of two inches; but the type in which extracts are printed may be small pica solid or brevier leaded. The heading of each brief shall show the title of the cause, the court from which the cause was brought, the names of counsel filing the brief and shall also indicate in whose behalf the brief is filed.

brief

[References and citations.]-Each shall by number designate the several pages of the record containing matter bearing upon the questions discussed in such brief. Every reference to an adjudicated case shall be by the title thereof, as well as by the volume and page where it may be found, and the particular edition of any text-book referred to must be given in connection with the cited page or section thereof.

11. [Costs.]—When the parties or their atin conformity to the rules of this court, or torneys shall furnish their printed briefs briefs and printed abstracts under stipulation for submission as provided for in rule 2, it shall be the duty of the clerk to tax a printer's fee at the rate of one dollar for every five hundred words embraced in a single copy of the same, against the unsuccessful ed and paid to the successful party as other party not furnishing the same, to be collect

costs.

briefs not printed, served and filed in conNo costs shall be taxed for printing formity with the foregoing rules. When unnecessary costs have been made by either party the court will, upon application, order the same to be taxed to the party making them, without reference to the disposition of the case.

12. [Security for costs.]-In each case brought to this court the plaintiff in error, appellant, or relator shall, before the entry of the same upon the docket, give security for costs by filing a bond in the sum of $50, with one or more securities, conditioned for the payment of the costs of this court, which bond, in cases brought on error or appeal, must be approved by the clerk of this court. The obligation of the surety shall be complete, simply by endorsing the summons in

court as may be designated in the order of their appointment. A venire for the jurors so selected will be issued by the clerk, directed to the bailiffs of this court or any sheriff or sheriffs of the state, and shall be served in the manner prescribed for the service of summons. Said commissioners before entering upon the duties of their office shall take and subscribe to the oath prescribed by section 1 of chapter 10 of the Compiled Stat

error or notice of appeal or by the execution
of a formal bond for costs, and such surety
shall be bound for the payment of all costs
which may be adjudged against the plaintiff
in error, appellant, or relator, whether either
of them obtain judgment or not, and after
final judgment this court on motion of the
defendant in error, appellee, or respondent,
or any other person having a right to such
costs, or any part thereof, after ten days'
notice of such motion may enter up judgment | utes.
in the name of the defendant in error, ap-
pellee, or the respondent or the legal repre-
sentative of either, against the surety for
costs, his executors, or administrators for the
amount of the costs adjudged against the
plaintiff in error, the appellant, or the relator
or so much thereof as may remain unpaid,
and for accruing costs. Execution may be
issued on such judgment, as in other cases,
for the use and benefit of the persons enti-
tled to such costs. But these provisions
shall not apply in causes where a bond or un-
dertaking has been filed in the court below,
in accordance with the provisions of sections
588 and 677 of the Code of Civil Procedure,
where such bond is conditioned to pay costs,
but in such causes the transcript filed must
show the giving of such bond or undertaking,
with the names of the sureties thereon; nor
shall they apply in criminal cases where an

affidavit of poverty is filed, as allowed by

section 508, Criminal Code. Besides the se

curity for costs above required to be given when a cause is docketed, the party docketing such cause shall deposit with the clerk $10 to cover clerk's costs that may be made by such party in the cause; and if the deposit shall at any time be exhausted by the party making the same, the clerk may from time to time require such party to deposit a further sum of $5. Upon the termination of a cause any sum remaining from such deposit not applicable to clerk's costs incurred by the party making the deposits shall be returned to him.

13. [Capital cases-Suspension of sentence.] -In all criminal cases brought on error to this court, where it appears that the court below has passed sentence of death upon the plaintiff in error, it is ordered that the sentence and judgment be suspended until the further order of this court, and it shall be the duty of the clerk to endorse such suspension upon the transcript filed in said cause and immediately transmit a certified copy thereof to the officer charged with the execution of said sentence.

14. [Trials in original cases.]-Whenever an issue of fact is presented for trial in an original action or proceeding, a commission will be named composed of two resident electors of the state, of different political affiliations, who shall, under the direction of the court, select such number of persons having the qualifications of jurors in the district

15. [Same.]-Each party shall be entitled to three peremptory challenges, and challenges for cause may be made by either party, the validity of which shall be determined by the court. If, from challenges or other cause, the panel shall not be full, the court may order the bailiff to fill the same from bystanders or neighboring citizens having the qualifications of electors.

16. [Same.]-The Jurors summoned or called as above provided, or such of them as are not set aside or challenged as will make up the number of twelve, shall constitute the jury for the trial of said issue of fact.

17. [Same.]-Each juror shall be entitled to the compensation and mileage as are provided by law for jurors in civil cases, in the district court.

syllabus of the points decided in each case shall be stated in writing by the judge or commissioner preparing the opinion, and such syllabus and opinion shall be examined and approved by the court before the same shall be reported.

18. [Syllabus of the points decided.]-A

19. [Records not to be removed.]-The clerk of the court is answerable for all records and papers belonging to his office, and they shall not be taken from his custody unless by special order of the court, or a judge or commissioner thereof, but the parties may have copies when desired by paying the clerk therefor.

20. [Mandamus-Notice.]-In all cases of application to this court for a writ of mandamus, a reasonable notice must be given to the respondent of the time when it will be made, accompanied by a copy of the affidavit on which it is based, unless for special reasons it is otherwise ordered.

21. [Admission of attorneys-Time of examination.]-Examinations of applicants for admission to the bar will be held on the second Tuesday of June and on the third Tuesday of November each year: Provided, however, that the commission may hold examinations at such other times and at such places as the commission, or a majority thereof, shall deem advisable, applications of candidates for such examinations being on file with the clerk of this court as provided in rule 22.

22. [Same-Application and showing-Certificate of sponsors.]-Each applicant for ad

mission shall, at least four weeks before the day set for examinations, file with the clerk of this court a written request, in his own handwriting and subscribed by himself, for admission, together with his personal affidavit as to his age, residence and time and place of study, or admission and period of practice in courts of record in another state or a territory, and the certificate or affidavit of at least two citizens of good standing in the community where the applicant resides, or formerly resided, that they are well acquainted with him and that he is of good reputation in that community and that they believe him to be of good moral character.

23. [Same-Admission on examinationShowing by applicant and preceptor-Educational qualifications-Reputable law school.] -Each applicant for admission upon examination shall also show by his own affidavit and by the affidavit or certificate of his preceptor that the applicant has regularly and attentively studied law under such preceptor's personal supervision and direction and in his office for at least two years; provided, that after the 1st day of July, 1904, every such applicant shall in addition to making the showing set out in rule 22, make proof by his own affidavit, and by the affidavit or certificate of his preceptor or preceptors that he has regularly and attentively studied law under his or their personal direction or supervision in a reputable law school or in the office of a practicing attorney, or partly in such school and partly in such office, for a period of at least three years, at least one year of which office study shall have been passed in a law office in this state; provided, also that each applicant shall prove either by school, college or teacher's certificate or diploma, or in examination before the bar commission, that he has had preliminary education, other than legal, equivalent to that involved in the completion of the first three years of a high school course accredited by the state Department of Public Instruction. A reputable law school within the meaning of the act for admission to the bar is one having a three years course of study of not less than thirty-four weeks a year and actually requiring for admission to regular class standing a preliminary education equivalent to a Nebraska High School course of three years, and requiring of each regular class day recitation averaging at least ten hours a week. If it be shown by the affidavit of the applicant that his preceptor is dead, or that for other satisfactory reasons his certificate cannot be obtained, there may be substituted therefor the certificate of any member in good standing of the bar of the county in which the applicant pursued his studies, and who may be personally cognizant of the

facts.

24. [Same-Other proof of character and qualifications of applicant.]-None of the

facts required for qualifying an applicant for admission shall be conclusively established by the foregoing proof, but the applicant shall in his application give the names and addresses of at least three (3) persons other than those whose certificates he presents, of whom inquiry can be made in regard to the applicant's character and other qualifications. 25. [Same-Payment and disbursement of fees.]-The applicant shall also, with his application, deposit with the clerk the sum of five ($5.00) dollars. The clerk shall enter all sums so received in a book or account kept for that purpose, showing date and name of applicant, and shall pay the same out on order of the Chief Justice, in payment of the expenses of such examination, and for no other purpose; that is to say, the cost of necessary printing and stationery; to the clerk for each oath and certificate of admission issued to an applicant, one dollar and fifty cents; to each member of the commission conducting the examination, his necessary traveling expenses, and for personal expenses while actually engaged in the performance of his duties, not exceeding five dollars per day.

26. [Same-Admission from another state or a territory.]-Any practicing attorney in the courts of record of another state or a ter

ritory, having professional business in either the supreme or district courts of this state, may, on motion to such court, be admitted for the purpose of transacting such business, upon taking the required oath. Any such attorney desiring to be admitted to practice generally in the courts of this state must make his application as required by these rules and present proof by satisfactory certificate that he is a licensed practitioner in a court of record of another state or a territory where the requirements for admission when he was admitted were equal to those prescribed in this state, or, that he has practiced law five full years under license in any state or territory.

27. [Same-Registration at commencement of study-Form-Failure to register-Change of preceptor-Fee.]-The clerk of this court shall keep a register in which subsequent to July 1, 1904, every person applying for admission upon examination as having studied in the office of a practicing attorney in this state, must have registered at the beginning of his term of study, unless good cause, other than ignorance of this rule, satisfactory to Such register shall disclose the name of the the commission, be shown to the contrary. student, his residence and the name and address of the attorney in whose office he is studying. The application for registration shall be in writing and may be formal or informal. In case of change of preceptor or removal from one office to another, such change must be notified to the clerk, who will note it on the register. The clerk may

« ÀÌÀü°è¼Ó »