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OREGON-Supreme Court.

FRANK A. MOORE, CHIEF JUSTICE.

Department 1.
GEORGE H. BURNETT, PRESIDING JUDGE.

ASSOCIATE JUDGES.
THOMAS A. McBRIDE.

HENRY L. BENSON.

Department 2.
ROBERT EAKIN, PRESIDING JUDGE.

ASSOCIATE JUDGES.
HENRY J. BEAN.

LAWRENCE T. HARRIS.

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Department 1.

ASSOCIATE JUSTICES. WALLACE MOUNT.

EMMETT N. PARKER. STEPHEN J. CHADWICK.

0. R. HOLCOMB.

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COURT RULES

SUPREME COURT OF COLORADO

IN EFFECT SEPTEMBER 14, 1914, AND SUPERSEDING ALL STATUTORY AND CODE PROVISIONS

AND RULES AND PARTS THEREOF IN CONFLICT THEREWITH

SESSIONS EN BANC AND IN DEPART- Rule 2. A scire facias, or summons to hear MENTS.

errors in civil cases, and criminal cases not The Chief Justice may convene the court capital, if issued ten days or more before the en banc at any time, and shall do so on the first day of the term, shall be returnable to written request of three Associate Justices. the first day of the term. If issued less than Subject to this provision, or as limited by the ten days before the first day of the term, Constitution, sessions of the court in depart- may be made returnable to any day in the ments for the purpose of hearing oral argu-term; provided, that in all cases, if such ments, and designation of the Justices to writ shall not be served ten days before the hear such arguments shall be under the di- return day thereof, the defendant so served rection and control of the Chief Justice. In shall not be required to appear in obedience case of his absence or inability act, such thereto until the first day of the term sucduties shall devolve upon the Judge who ceeding such return day. would next be entitled to become Chief Jus- A defendant upon wliom process has not tice,

been served may enter his appearance, and,

upon five days' notice to the plaintiff, may WRITS OF ERROR SUPERSEDEAS

proceed in the same manner as if duly seryPROCESS ON WRITS OF ERROR. ed with process. Rule 1. Writs of error shall be directed to

Rule 3. If a scire facias, or summons to the clerk or keeper of the records of the court hear errors, shall not be served, an alias or in wbich the judgment or decree complained pluries may be issued without an order of of is entered, commanding him to certify a

court therefor. correct transcript of the record to this court. In any case where a transcript of the record,

Rule 4. No supersedeas will be granted unduly certified to be full and complete, has less the record upon which the application is been filed or may be hereafter filed, in the of- made be complete and duly certified by the fice of the clerk of this court, before the issu- clerk of the court below, with assignments ance of a writ of error, it shall not be nec- of error appended thereto, which assignessary, except in a case where a superse- ments must be supported by a succinct printdeas may be allowed, to deliver such writ to ed or typewritten brief. No application for the clerk of the inferior court; but the same

a supersedeas will be considered by the court, may be filed in the office of the clerk of this or by any justice in vacation, unless the court, and such transcript so filed with the

cause shall have been first docketed. clerk of this court shall be taken and consid

Upon the docketing of the cause, as aforeered to be a due return to said writ of er- said, the sum of ten dollars shall be paid to ror. In capital cases, in which a writ of er

the clerk, and upon the allowance of the writ, ror shall issue and be made to operate as a or upon further prosecution of the cause, an supersedeas to stay the execution of the additional sum of ten dollars shall be advanjudgment of the trial court, as provided by ced to the clerk. statute, such writ of error, as also the scire facias to hear the errors assigned, shall be Rule 5. When a writ of error shall be made returnable forth with. When a writ of made a supersedeas the clerk shall endorse error shall issue in a case where a superse- upon said writ the following words: deas has been allowed after the filing of the transcript of the record in this cause having transcript of the record, and shall be served been filed in my office, with an order enon the clerk of the inferior court, he shall dorsed thereon that the writ of error herein return upon said writ that the same has been be made a supersedeas according to law, this served upon him and that it appears by the writ of error is therefore made a supersedeendorsement thereon that a transcript of as, and shall operate accordingly;" which the record has been filed in the office of the endorsement shall be signed by the clerk of clerk of the Supreme Court.

this court. 148 P.

(ix)

A

Rule 6. Whenever execution or other final, of the judgment, the order allowing the ap process shall be issued upon a judgment at peal, the bond and the approval thereof, and law or decree in equity, and the record of thereupon the appeal shall be dismissed with such judgment or decree shall be removed costs. into this court by writ of error operating as Whenever an appeal or writ of error shall a supersedeas, such writ of error may be be dismissed, this court may, in its discreserved upon the officer in whose hands such tion, affirm the judgment of the court below. execution may be, and thereupon all proceedings under such execution shall be dis

ASSIGNMENT OF ERRORS. continued, and such officer shall return the same into the court from which it was is

Rule 11. Appellants and plaintiffs in error sued, together with the copy of the writ of shall assign errors in writing at the time of error served on him, and shall set forth in the filing of the transcript of the record, and his return to such execution what, if anys each error shall be separately alleged and thing, he hath done in obedience to the com- particularly specified; provided, that when mand thereof.

errors are assigned upon exceptions to the Such service of the writ of error and super- ruling of the court in the admission or resedeas may be made by delivering to the of. jection of evidence, which go to the same ficer having such final process for execution point, it shall be sufficient to refer to the a copy of such writ of error and the endorse- folio numbers of the transcript, where such ments thereon, with the certificate of the rulings and exceptions appear, without parclerk of the Supreme Court, or of the clerk ticularly specifying the evidence admitted or of the inferior court to whom the same is rejected. directed that the same is a true and perfect

When the error alleged is to the charge of copy of the original of such writ of error

the court, the part of the charge referred and the endorsements thereon.

to shall be quoted totidem verbis in the specRule 7. Whenever a bond is executed by vided into separate paragraphs or instruc

ifications; provided, where the charge is dian attorney in fact, the original power of attorney shall be filed with the bond in the of- tions, which are each duly numbered, and erfice of the clerk of this court, unless it shall

ror is assigned as to one or more entire parappear that the power of attorney contains agraphs or instructions, it shall be sufficient other powers than the mere power to execute to designate the part of the charge referred the bond in question; in which case the orig- graph or instruction so assigned for error.

to by giving the number prefixed to each parainal power of attorney shall be presented to

The same shall be signed by an attorney the clerk, and a true copy thereof tiled, cer

of the court. tified by the clerk to be a true copy of the original.

If the appellee or defendant in error de

sires to assign cross-errors, he shall do so at Rule 8. Clerks of inferior courts in making the time he files his brief as hereinafter proup an authenticated copy of the record in vided; which assignment of error shall be in civil cases shall certify to this court so much writing and signed by an attorney of this of the record, arranged in chronological or court. der, as the appellant or plaintiff in error may, by præcipe, indicate.

Rule 12. If the appellant or plaintiff in erIf the record, so certified, shall be insuffi- ror shall fail to assign error, the appeal, or cient, it shall be perfected at his cost; and writ of error, may be dismissed. if unnecessarily voluminous, the cost of the No formal joinder in error shall be requir. unnecessary parts shall be taxed against him. ed, but if the appellee or defendant in error Rule 9. When a party to any cause pend time allowed for filing briefs in his behalf,

shall not in any manner appear within the ing in this court asks leave, without suggest the cause may be heard ex parte, or the judg. ing a diminution of record, to file an addition- ment or decree of the court below may, in al or supplemental transcript of the record, the discretion of the court be reversed with. he shall give at least twenty-four hours'

out a hearing. notice thereof to the opposite party. At the time of giving such notice the additional or

Rule 13. Counsel will be confined to a dissupplemental transcript shall be deposited cussion of the errors stated, but the court with the clerk of this court for the inspection may, in its discretion, notice any other erof the opposite party. Such motion shall be ror appearing of record. submitted under rule 23, and if leave is granted, the additional or supplemental tran

ABSTRACT OF RECORD. script may be filed and considered in connection with the original transcript.

Rule 14. Appellants and plaintiffs in error in all cases shall, within ninety days after

the return day, prepare and file with the DISMISSAL OF APPEALS.

clerk fifteen copies of a printed abstract of

the record, in which they shall set forth the Rule 10. If a transcript of the record shall title of the cause, with the date of the not be filed as required by law in case of ap- filing of all papers in the court below, and a peal, the appellee may present a transcript' brief statement of the contents of each pleading, and shall set forth fully the points be served by counsel upon the opposing coun. relied upon for the reversal of the judgment sel, if appearance shall have been entered, or decree. They shall also refer to the folio proof of which shall be filed with the clerk. numbers in the transcript and bill of excep- The clerk shall not file transcripts, alltions, on the margin of the abstract, in such stracts of the record, or briefs which do not manner that orders, pleadings and evidence strictly conform, as to form, with this rule. therein refer ed to may be easily fo nd in

Rule 18. For good cause shown, the court, the record. (Abstract must be indexed. Rule

or a Justice thereof in vacation, may extend 20 (g), adopted June 19, 1914.) If the abstract filed shall not present the and other papers.

or abridge the time for filing abstracts, briefs parts of the record to which reference is made in tbe assignment of errors, the appeal Rule 19. The application of the foregoing or writ of error may be dismissed. (Modified rules concerning the filing of abstracts, briefs, June 19, 1914. Rule 22.)

and other papers shall not be suspended by

any stipulation or motion filed in a cause, Rule 15. Counsel for appellee or defendant except by order of the court or one of the in error may, if he is not satisfied with the Justices thereof. abstract of record filed in the case, within

Rule 20. In citing cases from published the time allowed him for his brief, file with the clerk fifteen copies of such further ab- reports there shall be given the names of the stract as he shall deem necessary to a full parties, as they appear in the title of the

cases, and the book and initial page, and alunderstanding of the merits of the cause.

so the page containing the particular point Rule 16. In case the appellant or plaintiff involved. The name of but one of each of in error shall neglect to file an abstract and the parties shall be printed, and in case of brief as required, the opposite party may file corporations the leading name of the comthe same and prepare the cause for hearing pany must be used. If cases are published ex parte, and have the costs taxed therefor, in more than one series of reports, the citaor the court may dismiss the appeal or writ tion to the official reports must in every case of error without notice.

be given. Rule 17. All transcripts of record shall be Rule 21. Counsel who have not complied bound in half sheep or cloth, with substantial with the rules relating to briefs will not be paper sides, thirteen inches in length, and heard. eight and one quarter inches in width. All briefs of counsel and abstracts of the

Rule 22. Oral argument upon the final record shall be printed on pages 945 inches hearing of any cause may be had upon writin length and 742 inches in width, when ten motion therefor, filed with the clerk or trimmed, in small pica type, leaded, face of by order of the court, sua sponte. Such motype page 22x10 ems pica, so printed as to tion must be filed within thirty days after leare an inside side margin of 1% inches, the cause is at issue. Due notice of the time and an outside side margin of 2% inches, and set for the argument will be given by the

clerk. a bottom margin of 2 inches. Extracts and quotations must be in the same type, either

MOTIONS. solid or indented, in the discretion of coun

Rule 23. All motions shall be in writing. sel. The number of the case in this court After appearance, the opposite party shall must be printed in large figures at the top be entitled to notice of motions, not of of the title page. (Modified June 19, 1914. See rule 23.)

The party filing any such motion shall The brief of counsel for appellant or plain. have three days in which to file briefs in tiff in error shall contain a statement of the support thereof; the party opposing shall errors relied upon, and the authorities to be have five days after service of copy upon him, used in the argument, and fifteen copies to answer, and three days shall then be althereof shall be filed with the clerk within lowed after like service for reply. The moforty days after the day fixed by rule for tions shall then stand submitted. the filing of his abstracts.

All such briefs may be typewritten. CopIf the brief of appellant or plaintiff in er- ies of the same shall be served upon the opror shall be filed in compliance with this posite party or his attorney. rule, the appellee or defendant in error shall file with the clerk fifteen copies of his brief

WITHDRAWAL OF PAPERS. within sixty days after the expiration of the time mentioned for the filing of the brief of Rule 24. No paper shall be taken from the appellant or plaintiff in error.

files without leave of court, except the tranThirty days thereafter shall be allowed script of the record, which may be withfor the reply of appellant or plaintiff in drawn by counsel, for eight days and no error, fifteen copies of which shall be filed, more, for the purpose of making abstracts. as provided in case of other briefs.

Every paper taken from the files, by leave Two copies of all abstracts and briefs shall' of court or otherwise, must be retained in

course.

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