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COPYRIGHT, 1893,

BY

WEST PUBLISHING COMPANY.

10161

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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SUPREME COURT RULES.

IDAHO.

[Adopted Feb. 14, 1893. Take effect May 1, 1893.]

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Examination Prerequisites.

Examination, How Conducted.

PARAGRAPH 1. Who Admitted. No person shall be admitted to practice as an attorney or counselor in this court unless such person shall have been previously admitted in the supreme court of the United States or the highest court of a sister state or territory, or shall have passed a strict examination in open court as to his qualifications.

PARAGRAPH 2. Testimonials Required. Every person admitted to practice as an attorney or counselor in this court must produce satisfactory testimonials of good moral character; must be twenty-one years of age; 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 showing he is still in good standing in such court; and, in case he cannot produce his said certificate, he may be admitted upon his affidavit showing the name of the state, (or territory,) county, court, and time of such admission.

PARAGRAPH 3. Oath and Roll. Every person admitted to practice as an attorney and counselor of this court must sign the roll and take the following oath of office: "I,

➖➖➖, do solemnly swear that I will support the constitution and laws of the United States and of this state; that I will maintain the respect due to the courts of justice and to judicial officers; that I will be true to the court and to my client; that I will abstain from all offensive personality; and that I will never reject, for any consideration personal to myself, the cause of the defenseless or oppressed."

PARAGRAPH 4. Prerequisites for Examination. Only bona fide residents of this

32r.

state who intend to engage in the practice of the law as a business shall be eligible for examination as attorneys and counselors of this court, and a notice of intention to apply for admission shall so state, and must be filed with the clerk of this court previous to the day set apart. for the examination. No applicant will be examined unless he shall have filed with the clerk of the court, on or before the first Saturday of the regular term at which he presents himself for examination, a certificate signed by at least two attorneys of the court, each of whom shall have been regularly engaged in practice as such for at least four years next theretofore, stating in suostance that, they, and each of them, have carefully and diligently examined the applicant touching his qualifications in point of learning of the law to be admitted to practice; that it satisfactorily appeared to them, and each of them, upon examination, that the applicant had been engaged in the study of the 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; that the applicant had during that time read certain books of law, which books shall be enumerated in the certificate; 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.

(V)

PARAGRAPH 5. Examination, How Conducted. The first Saturday 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 prepare, or cause to be prepared, a series of questions embracing such subjects as the court may deem proper, and cause, upon the day before such examination, a sufficient number of such questions to be written or printed to furnish each applicant with one copy thereof. Such copies shall be deposited with the clerk of the court, who shall not communicate to the applicants, or to any other person, the substance of the questions asked, or the subjects treated, or give any information in regard thereto. At the time set for the examina

tion each candidate for admission shall appear, and by the clerk, under direction of the court, shall be furnished with a copy of the questions so prepared, and shall then, in open court, and under the supervision of the court, and without reference to books or memoranda of any kind, and without consultation or conversation with each other or any other person, prepare written answers consecutively to the questions propounded, upon paper furnished them for that purpose. Six hours shall be allowed in which such answers may be prepared, and unless the answers are sooner prepared and placed in the hands of the clerk, no applicant will be allowed to leave the court room without permission of the court, and then only upon his promise given that he will not attempt to communicate with any one upon the subject-matter of any of the questions asked. At the end of six hours, unless all of the applicants have sooner finished, the written answers shall be sur rendered to the court or the clerk, being first signed by the several applicants respectively. Thereupon, and at such time as the court may deem convenient, it shall admit such of the candidates as appear to the court to be duly qualified, satisfactory proof having been made of the good moral character of such appli

cants.

RULE 2.

APPEAL-When Dismissed.

Appeal, When May Be Dismissed. If the transcript of the record is not filed within the time prescribed by paragraph 3 of rule 27, the appeal or writ of error may be dismissed, où motion without notice, on the first Monday of the term during which the cause is subject to call. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party.

RULE 3.

APPEAL-What Showing Must Accompany Motion to Dismiss.

What Showing Must Accompany Motion to Dismiss. On such motion there shall be presented the certificate of the clerk below, under the seal of the court, certifying the amount or character of the judgment, the date of its rendition; the fact and date of the filing of the notice of appeal or issuing the writ of error; the fact and date of the filing the undertaking on appeal or writ of error; the fact and time of the settlement of the statement, if there be

one.

RULE 4.

APPEARANCE-Failure of.

Appearance, Failure of. When a cause is reached on the calendar, and neither side has been submitted or is represented by counsel in court, the appeal will be dismissed. When it is so submitted or represented by counsel for the respondent or

defendant in error, and not for the appellant or plaintiff in error, the judgment, order, or proceeding of the court below will be affirmed, of course without argument: provided, however, that the court may, in its discretion, examine the record and render its judgment on the merits.

RULE 5.

ARGUMENT-How Conducted.

Argument, How Conducted. No more than two counsel on a side will be heard upon the final argument, except in peculiar and important cases, upon leave of the court obtained before the argument is commenced; but each defendant who has appeared separately in the court below may be heard through his own counsel. The counsel for the appellant or plaintiff in error shall be entitled to open and close the argument. Each side will be allowed two hours, including the reading of papers, and each defendant who has appeared separately in the court be-. low will be allowed two hours: provided, that for good cause shown, the court may give further time for the argument, and each party shall also have the privilege of filing a printed brief or argument. Upon the argument of preliminary motions no more than one counsel on a side will be heard, and only one hour to each counsel will be allowed.

RULE 6.

BRIEF-What to Contain.
How Printed.
When Served.
When Filed.
Submission on.

PARAGRAPH 1. Brief, What to Contain. In civil cases each party shall prepare and have printed an argument or brief of the points and authorities relied on. In citing cases from published reports, the names of the parties as they appear in the title of the case, as well as the book and page, shall be given. Briefs on both sides shall begin with a succinct state. ment of so much of the record as is essential to the questions discussed in them, referring to the transcript by folios. The brief of the appellant and plaintiff in error shall also contain a distinct enumeration of the several errors relied on. On the cover and first page shall be stated the title of this court, the title of the cause, and the names of counsel for appellant and respondent, and the district and county appealed from. The expense of such brief, at not exceeding one dollar per page of 7x3% inches printed matter, and for not exceeding forty pages, shall be allowed and taxed as costs: provided, that the court may, in its discretion, order that no costs shall be taxed for any brief which does not comply with this rule, or containing a miscitation of authorities, unless corrected before the submission of the case.

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