SESSIONS EN BANC AND IN DEPART

MENTS.

The Chief Justice may convene the court en banc at any time, and shall do so on the written request of three Associate Justices. Subject to this provision, or as limited by the Constitution, sessions of the court in departments for the purpose of hearing oral arguments, and designation of the Justices to hear such arguments shall be under the direction and control of the Chief Justice. In case of his absence or inability to act, such duties shall devolve upon the Judge who would next be entitled to become Chief Justice.

WRITS OF ERROR

SUPERSEDEASPROCESS ON WRITS OF ERROR. Rule 1. Writs of error shall be directed to the clerk or keeper of the records of the court in which the judgment or decree complained

of is entered, commanding him to certify a correct transcript of the record to this court. In any case where a transcript of the record, duly certified to be full and complete, has been filed or may be hereafter filed, in the office of the clerk of this court, before the issuance of a writ of error, it shall not be necessary, except in a case where a supersedeas may be allowed, to deliver such writ to the clerk of the inferior court; but the same may be filed in the office of the clerk of this court, and such transcript so filed with the clerk of this court shall be taken and considered to be a due return to said writ of error. In capital cases, in which a writ of error shall issue and be made to operate as a supersedeas to stay the execution of the judgment of the trial court, as provided by statute, such writ of error, as also the scire facias to hear the errors assigned, shall be made returnable forthwith. When a writ of error shall issue in a case where a supersedeas has been allowed after the filing of the transcript of the record, and shall be served on the clerk of the inferior court, he shall return upon said writ that the same has been served upon him and that it appears by the endorsement thereon that a transcript of the record has been filed in the office of the clerk of the Supreme Court.

Rule 2. A scire facias, or summons to hear errors in civil cases, and criminal cases not capital, if issued ten days or more before the first day of the term, shall be returnable to the first day of the term. If issued less than ten days before the first day of the term, it may be made returnable to any day in the term; provided, that in all cases, if such writ shall not be served ten days before the return day thereof, the defendant so served shall not be required to appear in obedience thereto until the first day of the term succeeding such return day.

A defendant upon whom process has not been served may enter his appearance, and, upon five days' notice to the plaintiff, may proceed in the same manner as if duly served with process.

Rule 3. If a scire facias, or summons to hear errors, shall not be served, an alias or pluries may be issued without an order of

court therefor.

Rule 4. No supersedeas will be granted unless the record upon which the application is made be complete and duly certified by the clerk of the court below, with assignments of error appended thereto, which assignments must be supported by a succinct printed or typewritten brief. No application for a supersedeas will be considered by the court, or by any justice in vacation, unless the cause shall have been first docketed.

Upon the docketing of the cause, as aforesaid, the sum of ten dollars shall be paid to the clerk, and upon the allowance of the writ, or upon further prosecution of the cause, an additional sum of ten dollars shall be advanced to the clerk.

Rule 5. When a writ of error shall be made a supersedeas the clerk shall endorse upon said writ the following words: "A transcript of the record in this cause having been filed in my office, with an order endorsed thereon that the writ of error herein be made a supersedeas according to law, this writ of error is therefore made a supersedeas, and shall operate accordingly;" which endorsement shall be signed by the clerk of this court.

Rule 6. Whenever execution or other final process shall be issued upon a judgment at law or decree in equity, and the record of such judgment or decree shall be removed into this court by writ of error operating as a supersedeas, such writ of error may be served upon the officer in whose hands such execution may be, and thereupon all proceedings under such execution shall be discontinued, and such officer shall return the same into the court from which it was is

sued, together with the copy of the writ of error served on him, and shall set forth in his return to such execution what, if anything, he hath done in obedience to the command thereof.

Such service of the writ of error and supersedeas may be made by delivering to the officer having such final process for execution a copy of such writ of error and the endorsements thereon, with the certificate of the clerk of the Supreme Court, or of the clerk of the inferior court to whom the same is directed that the same is a true and perfect copy of the original of such writ of error and the endorsements thereon.

Rule 7. Whenever a bond is executed by an attorney in fact, the original power of attorney shall be filed with the bond in the office of the clerk of this court, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question; in which case the original power of attorney shall be presented to the clerk, and a true copy thereof filed, certified by the clerk to be a true copy of the original.

Rule 8. Clerks of inferior courts in making up an authenticated copy of the record in civil cases shall certify to this court so much of the record, arranged in chronological order, as the appellant or plaintiff in error may, by præcipe, indicate.

If the record, so certified, shall be insufficient, it shall be perfected at his cost; and if unnecessarily voluminous, the cost of the unnecessary parts shall be taxed against him, Rule 9. When a party to any cause pending in this court asks leave, without suggest ing a diminution of record, to file an additional or supplemental transcript of the record, he shall give at least twenty-four hours' notice thereof to the opposite party. At the time of giving such notice the additional or supplemental transcript shall be deposited with the clerk of this court for the inspection of the opposite party. Such motion shall be submitted under rule 23, and if leave is granted, the additional or supplemental transcript may be filed and considered in connection with the original transcript.

DISMISSAL OF APPEALS.

Rule 10. If a transcript of the record shall not be filed as required by law in case of appeal, the appellee may present a transcript

of the judgment, the order allowing the ap peal, the bond and the approval thereof, and thereupon the appeal shall be dismissed with costs.

Whenever an appeal or writ of error shall be dismissed, this court may, in its discretion, affirm the judgment of the court below.

ASSIGNMENT OF ERRORS.

Rule 11. Appellants and plaintiffs in error shall assign errors in writing at the time of the filing of the transcript of the record, and each error shall be separately alleged and particularly specified; provided, that when errors are assigned upon exceptions to the ruling of the court in the admission or rejection of evidence, which go to the same point, it shall be sufficient to refer to the folio numbers of the transcript, where such rulings and exceptions appear, without particularly specifying the evidence admitted or rejected.

When the error alleged is to the charge of the court, the part of the charge referred to shall be quoted totidem verbis in the specifications; provided, where the charge is divided into separate paragraphs or instructions, which are each duly numbered, and error is assigned as to one or more entire paragraphs or instructions, it shall be sufficient to by giving the number prefixed to each parato designate the part of the charge referred graph or instruction so assigned for error. The same shall be signed by an attorney of the court.

If the appellee or defendant in error desires to assign cross-errors, he shall do so at the time he files his brief as hereinafter provided; which assignment of error shall be in writing and signed by an attorney of this court.

Rule 12. If the appellant or plaintiff in error shall fail to assign error, the appeal, or writ of error, may be dismissed.

No formal joinder in error shall be required, but if the appellee or defendant in error shall not in any manner appear within the time allowed for filing briefs in his behalf, the cause may be heard ex parte, or the judgment or decree of the court below may, in the discretion of the court be reversed without a hearing.

Rule 13. Counsel will be confined to a discussion of the errors stated, but the court may, in its discretion, notice any other error appearing of record.

ABSTRACT OF RECORD.

Rule 14. Appellants and plaintiffs in error in all cases shall, within ninety days after the return day, prepare and file with the clerk fifteen copies of a printed abstract of the record, in which they shall set forth the title of the cause, with the date of the filing of all papers in the court below, and a brief statement of the contents of each

pleading, and shall set forth fully the points | relied upon for the reversal of the judgment or decree. They shall also refer to the folio numbers in the transcript and bill of exceptions, on the margin of the abstract, in such manner that orders, pleadings and evidence therein referred to may be easily found in the record. (Abstract must be indexed. Rule 20 (g), adopted June 19, 1914.)

If the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal or writ of error may be dismissed. (Modified June 19, 1914. Rule 22.)

Rule 15. Counsel for appellee or defendant in error may, if he is not satisfied with the abstract of record filed in the case, within the time allowed him for his brief, file with the clerk fifteen copies of such further abstract as he shall deem necessary to a full understanding of the merits of the cause.

Rule 16. In case the appellant or plaintiff in error shall neglect to file an abstract and brief as required, the opposite party may file the same and prepare the cause for hearing ex parte, and have the costs taxed therefor, or the court may dismiss the appeal or writ of error without notice.

Rule 17. All transcripts of record shall be bound in half sheep or cloth, with substantial paper sides, thirteen inches in length, and eight and one-quarter inches in width.

All briefs of counsel and abstracts of the record shall be printed on pages 9% inches in length and 71⁄2 inches in width, when trimmed, in small pica type, leaded, face of type page 22x40 ems pica, so printed as to leave an inside side margin of 11⁄2 inches, and an outside side margin of 2% inches, and a bottom margin of 2 inches. Extracts and quotations must be in the same type, either solid or indented, in the discretion of counsel. The number of the case in this court must be printed in large figures at the top of the title page. (Modified June 19, 1914. See rule 23.)

The brief of counsel for appellant or plaintiff in error shall contain a statement of the errors relied upon, and the authorities to be used in the argument, and fifteen copies thereof shall be filed with the clerk within forty days after the day fixed by rule for the filing of his abstracts.

If the brief of appellant or plaintiff in error shall be filed in compliance with this rule, the appellee or defendant in error shall file with the clerk fifteen copies of his brief within sixty days after the expiration of the time mentioned for the filing of the brief of appellant or plaintiff in error.

Thirty days thereafter shall be allowed for the reply of appellant or plaintiff in error, fifteen copies of which shall be filed, as provided in case of other briefs.

be served by counsel upon the opposing coun. sel, if appearance shall have been entered, proof of which shall be filed with the clerk.

The clerk shall not file transcripts, abstracts of the record, or briefs which do not strictly conform, as to form, with this rule.

Rule 18. For good cause shown, the court, or a Justice thereof in vacation, may extend or abridge the time for filing abstracts, briefs and other papers.

Rule 19. The application of the foregoing rules concerning the filing of abstracts, briefs, and other papers shall not be suspended by any stipulation or motion filed in a cause, except by order of the court or one of the Justices thereof.

Rule 20. In citing cases from published reports there shall be given the names of the

parties, as they appear in the title of the cases, and the book and initial page, and also the page containing the particular point involved. The name of but one of each of the parties shall be printed, and in case of corporations the leading name of the company must be used. If cases are published in more than one series of reports, the citation to the official reports must in every case be given.

Rule 21. Counsel who have not complied with the rules relating to briefs will not be heard.

Rule 22. Oral argument upon the final hearing of any cause may be had upon written motion therefor, filed with the clerk or by order of the court, sua sponte. Such motion must be filed within thirty days after the cause is at issue.

Due notice of the time set for the argument will be given by the clerk.

MOTIONS.

Rule 23. All motions shall be in writing. After appearance, the opposite party shall be entitled to notice of motions, not of

course.

The party filing any such motion shall have three days in which to file briefs in support thereof; the party opposing shall have five days after service of copy upon him, to answer, and three days shall then be allowed after like service for reply. The motions shall then stand submitted.

All such briefs may be typewritten. Copies of the same shall be served upon the opposite party or his attorney.