COURT RULES SUPREME COURT OF VERMONT Rule 1.-CERTIFYING CASES. The county clerk in each county, upon the entry of any case in the supreme court for such county, shall certify to the clerk of Washington county, (who shall be known as the clerk of the general term), the title of such case and a transcript of the docket entries therein; and shall, fifteen days before the term, forward to him a list of all cases not then disposed of, and also a list of the cases then ripe for hearing; and shall also, before the commencement of the term, forward to him all the original papers in each case, and all copies of the printed case remaining in his hands after the distribution provided for in these rules. Rule 2.-ARRANGEMENT OF DOCKET. Cases shall be numbered consecutively on the docket, and shall be arranged by counties. Rule 3.-PETITIONS FOR NEW TRIAL. 80 Vt. 501 [68 Ath 645]; 82 Vt. 64 [71 Atl. 831]: 84 Vt. 266 [78 Atl. 10211; 86 Vt.. 426 [85 Atl. 904]; 89 Vt. 51 [94 Atl. 104]. 1. A petition for a new trial founded on newly discovered evidence shall contain a statement of the former trial sufficient to show the applicability of the evidence relied upon as newly discovered. It shall be supported by the affidavits of the petitioner and his counsel, and shall have attached to and served with it the testimony on which it is founded and by which it is to be supported. 2. The petitionee may take testimony by way of answer, on reasonable notice, in the form of depositions, omitting the cause of taking. The petitioner may, in like manner, take testimony in reply. Rule 4.-CASES TRIABLE WHEN; RE 1. Cases shall be triable as soon as the time for filing briefs has expired, and no assignment for trial shall be required. Such cases shall be heard at the general term next following or during which the time for filing the advancing party's reply brief expires, unless otherwise stipulated by the parties, or unless ordered for hearing at a special term under the provisions of the following section. 2. Requests for trials at a special term shall state the grounds on which they are based, and, with a copy thereof, be filed with the clerk of the general term at least fifteen days before the term, and be noted on the trial calendar with the case. On the filing of such request and copy, the clerk shell forthwith send the copy by mail to the attorney of record for the other party. Such request shall stand for hearing on the first day of the general term. Stipulations for hearings may be filed with the clerk of the general term at any time after the case is there docketed. Rule 5.-COPIES. 1. Forthwith on the filing of the completed bill of exceptions, or motion for appeal, the advancing party shall, by himself or the clerk, prepare not less than fifteen printed copies of the case; and if such copies are prepared by the advancing party, they shall he deposited with the clerk as soon as printed. The clerk shall, as soon as he receives the copies of the case from the printer or from the advancing party, forward one of them to each attorney of record in the case. 2. Such copies shall contain such matter 3. On hearing, the petitioner shall furnish as is necessary fully to present the questions the court with the official transcript of the raised; and in chancery appeals this rule entire case excepting such portions thereof shall embrace such part of the pleadings and as the judge presiding at the former trial report as may be necessary to make the quesshall certify or the parties may agree to be tions clear, with a copy of the decretal orimmaterial. But a certificate of immaterial- der, and the opinion of the chancellor, if ity by the presiding judge shall not control if any. Manifold copies will not be deemed a transcript of the evidence to which it re-printed copies. All copies, briefs and other lates is furnished by the petitionee. In case papers furnished the court, except testimony it is impossible to obtain the official tran-in original entries and chancery appeals, script, the petitioner shall furnish such sub- shall be printed on one side only of half stitute therefor as the court shall direct. sheets of letter paper, eight by ten inches in size, fastened together at the upper left hand corner or in book form if voluminous, when both sides of the sheet may be printed on 4. Petitions for new trials in cases pending shall be filed in the original case as a part of it, and not be separately docketed. and folded in even triplefold, and filed in print on the right end of the middle fold with the number and name of the case, where pending, and the character of the paper. 3. The fees for furnishing such copies, except briefs, shall be the statute price per folio of one hundred words as for one manuscript copy, to which shall be added the actual cost of printing, and a reasonable sum for correcting the proof and superintending the printing; and the same shall be allowed in the taxation of costs to the party furnishing such copies. But unnecessary printing shall not be allowed; and all questions arising in respect thereto shall be determined by the clerk on the taxation of costs. Rule 6.-BRIEFS. 1. Within thirty days after the filing of the completed bill of exceptions, or motion for appeal, the advancing party shall file with the clerk a sufficient number of his printed briefs to enable the clerk to send forthwith a copy thereof to each attorney of record for the other party. Within fifteen days after the expiration of such thirty days, such other party shall file with the clerk a like number of copies of his printed brief, to be disposed of as above provided; and within five days after the expiration of such fifteen days, the advancing party may file with the clerk a like number of printed copies of a reply brief, to be disposed of as above provided; and the case shall be deemed ripe for hearing at the expiration of the time fixed for filing the reply brief. 2. In case the advancing party shall fail to file his brief within the time limited therefor, the court may, on motion, affirm the judgment or decree below; and no party in default under the provisions of the preceding section will be heard, unless by consent of his adversary or leave of court. The court, or a single justice in vacation, may, on motion and for cause shown, extend the periods prescribed in the preceding section. 3. Briefs shall contain a clear statement of the points to be discussed, with a reference to the pages of the record and the authorities relied on in support of each point; and if of more than twenty pages, the brief shall have a table of contents and an alpha betical list of the cases cited. and in the argument such parts of the evidence may be read as may be necessary to show the points relied on; and there may be incorporated into the briefs such parts of it as counsel think best. Rule 7.-REVERSALS AND NEW TRIALS. No judgment shall be reversel or set aside, or new trial granted in any case, civil or criminal, for misdirection, improper admission or rejection of evidence, o: other error, unless this court shall believe that the error has injuriously affected the rights of the parties. Rule 8.-JUDGMENTS IN VACATION. When a judgment is directed in vacation, the clerk of the general term shall, unless otherwise ordered, retain the cause for twenty days and shall forthwith give written notice thereof, either personally or by mail, to the attorneys of record for each party. At the expiration of such time, if the mandate or judgment order is not stayed meanwhile by order of one of the justices, the clerk, as a matter of course, shal. make the proper docket entries and remit the cause as required by law. Rule 9.-TIME OF ARGUMENT. Not more than one hour on a side will be allowed for argument, without leave granted before the argument begins; and the court may limit arguments to a less time. Rule 10.-READING OF AUTHORITIES; BOOK-MARKS. Extended reading of authorities will not be permitted. Authorities submitted shall contain bookmarks at the pages cited. Rule 11.-DAYS OF SITTING, The court will not sit on Mondays nor on Saturdays. Rule 12.-FILES. Files and records shall not be taken from the clerk's office without an order of court. Rule 13.-ASSIGNMENT OF COUNSEL IN CRIMINAL CASES. 4. If the bill of exceptions, including the pleadings, reports, documents or other matter Assignment of counsel to assist state's attherein referred to, is voluminous, briefs torneys in county court will not extend to shall contain a concise statement of the sub-this court. As a rule such assignment will ject in litigation and the claims of the re- not be made here. spective parties. 5. Briefs shall contain specific reference to such parts of the evidence as may be deemed material, giving the page and the number of the interrogatory and answer as marked on the copy of the testimony furnished to the court, and the name and mark by which any No compensation for services in this court will be paid by the state to counsel assigned by a county court to defend a respondent, unless it is considered that the difficulty and importance of the question is such as to justify bringing the case here, and it is made to appear that the respondent is in need of Rule 14.-EXCEPTIONS BY DEMURRANT. | when an applicant has pursued less than a When a demurrant is the excepting party, he will not, without leave, be heard upon any cause of demurrer not shown by the bill of exceptions to have been specially pointed out on the hearing below. Rule 15.-APPEALS FROM INDUSTRIAL ACCIDENT BOARD. 1. Appeals from the industrial accident board shall be docketed in the supreme court of the county wherein the hearing was had, or, if there has been no hearing, in the supreme court of a county wherein a civil action between the parties would be triable. The same fees shall be payable to the state for entry, tral and judgment as in civil cases. 2. The appeal papers shall consist of a certified copy of the proceedings appealed from, setting forth the questions of law to be determined by the supreme court; and the provisions of these rules as to the printed case, the briefs, and the time for hearing shall apply to such appeals. 3. No such appeal shall be entertained unless the appellant has filed with the clerk of the board a bond in the sum of fifty dollars, to secure the prosecution of his appeal and the payment of intervening damages and costs occasioned thereby; and this court may order an additional bond, if necessary. Admission of Attorneys. Rule 16. Each applicant for admission as an attorney of the courts of this state, shall be a citizen of this state, at least twenty-one years of age, of good moral character; and shall have studied in the office of an attorney of the supreme court within this state at least three years during the four years preceding such application; provided, however, that any applicant who shall have pursued the full three years' course of exclusively legal study in a law school chartered by any state of the United States, or established as a department of any college or university so chartered, and maintaining a stated course of exclusively legal studies, or in the law school at the University of Oxford, England, and shall be graduated therefrom, shall be required to study in a law office in this state at least six months within the two years preceding such application; provided further, that when the whole three years' study is in the office of an attorney, the supreme court may, upon sufficient cause shown in a particular case, allow study for one year in an office outside the state as an equivalent for one year of study in an office within the state, but the last year of study shall be full three years' course of exclusively legal study in any such law school, the time of such study may be allowed as an equivalent for the same time of study in an office, but the last year of study shall be in an office within the state; and provided further, that when study in a law school is presented in part compliance with this rule, a certificate of the dean of the law school attended shall be produced, showing the time such study was there pursued. Rule 17. A person proposing to study law with the intention of applying for admission as an attorney, shall present to the board of examiners for admission to the bar satisfactory proof that he has a high-school education, or its equivalent. The board of examiners, under the super vision of the chief justice of the supreme court, shall, on the first Tuesday of the October term in each year, duly consider and pass upon the sufficiency of the proof presented under this rule, make report thereof and place the same on file in the office of the clerk of the general term of the supreme court. And in case the proof presented is found to be satisfactory and such person has filed or shall file with such clerk a notice stating that he has commenced such study with such intention, and with whom and where he commenced, and also a certificate of the attorney with whom he is studying, stating that he is so engaged and when he began, the three years provided for by rule 16 shall commence from the date of filing such notice and certificate. But an applicant who begins his study of the law in a law school, completes a three years' course therein, and is graduated therefrom, as provided in rule 16, shall be required to file with such clerk a notice stating only that he has so commenced or is about to commence such study, with such intention, and the attorney with whom and where he is registered as a law student; and the three years provided for by rule 16 shall commence from the date when he actually enters upon his studies in the law school, but the required six months in a law office shall not be deemed to have commenced before the filing of the notice above specified, nor before the filing of the certificate of the attorney with whom he is studying, stating that he is so studying and when he began. Rule 18. Every applicant for admission as an attorney shall file with the clerk of the general term of the supreme court, at least ten days before the October session thereof, a petition for such admission, verified by his affidavit. stating his age, residence, time of study, and board, the court shall thereupon cause the proper oaths to be administered, and such applicants shall be admitted is attorneys of the supreme court and of the county courts. pursued, accompanied by an affidavit of an, admission is recommended in writing by the attorney of the supreme court, stating that the applicant's studies have been actually pursued as required by rule 16, and also accompanied by certificates of at least three such attorneys that the applicant is of good moral character. Rule 19. Reports of the board shall tate the method of examination adopted, and the standard of qualification required by it as the basis of its certificates. Rule 20. An attorney from another state may be admitted as an attorney of the courts of this Such applicants shall be qualified in the law upon the following subjects: common law pleading and practice; evidence; domestic relations; personal property; contracts, including sales, bailments and negoti-state without examination, upon proof that able instruments; agency; he is an attorney of the highest court of such partnership; corporations; real property, including mort- other state, and has practiced law one year gages and landlord and tenant; wills and as such, and is of good moral character, and probate law; equity jurisprudence; pleading has resided six months next preceding his and practice in chancery; torts; criminal application in the county in this state from law; the important provisions of Vermont which his application is made, and that he statute law, especially those modifying the is a citizen of this state. But if such attorcommon law, and those relating to practice, ney has not so practiced, he may be admitconveyancing and probate; the constitution ted upon examination after six months' study of this state and of the United States; and of law in a law office in this state. In such legal ethics. They shall be thoroughly and case the study in an office shall not be deemimpartially examined upon at least twelve of ed to commence until the applicant shall file the foregoing topics. The examination shall with the clerk of the general tern of the sube conducted in public, and shall be both preme court a notice stating that he has commenced such study with that intention oral and written. and with whom and where, and also a certificate of the attorney with whom he is so studying stating that he is so engaged and when he began. In deciding upon the qualifications of applicants, the board of examiners shall consider and weigh not only the accuracy of the answers given, but also the grammar and composition of the papers submitted. Such examination shall be had on the first three days of the October general term, at the place of its session, by not less than four members of the board; and if the applicants are found in all respects qualified, and their Adoption of Rules. The foregoing are adopted as the rules of the supreme court, to take effect December 1, 1915. |