Rule 16. SERVICE UPON ATTORNEY GENERAL. In all causes, both criminal and civil, in which the state is a party, or in which any of its property is involved, counsel shall also serve a copy of their brief upon the attorney general.

Rule 17. CRIMINAL CAUSES. In all criminal causes briefs shall be filed and served by the plaintiff in error within 30 days after the filing of the transcript, and by the defendant in error within 30 days thereafter.

Rule 18. RESERVED CASES. In cases reserved in the district court, and certified to the supreme court for decision, briefs shall be filed and served by the party holding the affirmative within 20 days after the papers are filed in the supreme court, and by the other party within 20 days thereafter.

Rule 19. ORIGINAL CAUSES. In all cases originally begun in the supreme court the matter of requiring briefs and the time of filing the same shall be fixed by the court or a justice thereof when the case is commenced.

Rule 20. EXTENSION OF TIME. By consent of parties, or for good cause shown before the expiration of the time allowed, the court, or a justice thereof in vacation, may extend the time for filing briefs.

Rule 21. FAILURE то FILE BRIEFS. When the plaintiff in error, or party holding the affirmative, has failed to file and serve his brief as required by these rules, the defendant in error, or party holding the negative, may have the cause dismissed, or may submit it with or without oral argument. When the defendant in error, or party holding the negative, has failed to file and serve his brief as is required by these rules, and the brief of the plaintiff in error, or party holding the affirmative, has been duly filed and served within the time required, the plaintiff in error, or party holding the affirmative, may submit the cause with or without oral argument, and the other party shall not be heard. A cause will be placed on the trial docket at any time for the purpose of enforcing this rule.

Rule 22. DECISIONS. NO cause shall be considered decided until the written opinion of the court is filed with the clerk.

Rule 23. APPLICATION FOR REHEARING. Application for rehearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points wherein it is alleged that the court has erred. Such petition shall be filed within thirty days after the decision is rendered, and shall be accompanied by a brief of the points and authorities relied upon in support thereof.

Rule 24. APPLICATION SUSPENDS PROCEEDINGS. The filing of the petition for rehearing within the time aforesaid shall suspend proceedings under the decision until the petition is disposed of, unless the court, or one of the justices in vacation, shall otherwise order.

Rule 25. REHEARING. When a rehearing is granted, the cause shall be placed for hearing at the foot of the trial docket. The other party, in all such cases, shall have 15 days from the time of granting the rehearing in which to answer the petition

and brief of the petitioner. Oral argument will be permitted as in other cases.

Rule 26. MANDATE. Upon the determination of the petition for rehearing, or if within 30 days after the decision no petition for rehearing is filed, a special mandate shall issue to the court below, as the cause may require, for execution therein.

Rule 27. COST OF PRINTING. If the transcript is printed, or if a printed brief is filed and served in conformity to the rules of this court, it shall be the duty of the clerk, unless otherwise ordered, to tax a printer's fee, at the rate of one dollar for every four hundred words embraced in such transcript or brief, against the unsuccessful party not furnishing the same, to be collected and paid to the successful party as other costs.

Rule 28. PENDING CAUSES. These rules shall apply to all pending causes not heretofore submitted, and in any cause now pending a non-compliance with former rules shall be cured by a compliance with these rules.

Rule 29. HABEAS CORPUS, MANDAMUS, QUO WARRANTO, ETC. In any application made to the court for a writ of habeas corpus, mandamus, quo warranto, or for any prerogative writ to be issued in the exercise of its original jurisdiction, and for which an application might have been lawfully made to some other court in the first instance, the petition shall, in addition to the necessary matter requisite by the rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it necessary or proper that the writ should issue orig. inally from this court, and not from such other court, and the sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application. In case any court, justice, or other officer, or any board or other tribunal, in the discharge of duties of a public character, he named in the application as respondent, the petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings; and in such case it shall be the duty of the applicant obtaining an order for any such writ to serve or cause to be served upon such party or parties in interest a true copy of the petition and of the writ issued thereon, and to file in the office of the clerk of this court evidence of such service.

upon each side may occupy not exceeding 90 minutes in the argument, except where otherwise limited or extended before the argument is commenced.

Rule 2. CLERK. The clerk of the court shall reside and keep his office at the capital, and shall not practice as an attorney or counselor in, this or any other court while he continues to be such clerk.

Rule 3. DUTIES OF CLERK. The clerk shall keep a record of all proceedings of the court, and shall perform all other duties pertaining to his office. He shall promptly announce by letter any decision rendered to one of the attorneys of each side when such attorneys are not in attendance at the time the decision is made.

Rule 4. WITHDRAWING RECORDS. No original record or paper pertaining to any cause shall be taken from the clerk's office without an order from the court or one of the justices thereof. Neither party shall be permitted to so take any record or paper during the time within which the other party is permitted to prepare his brief; and in no case shall any record or paper be kept from the clerk's office for more than 30 days by either of the parties.

Rule 9. MOTIONS. All motions submitted to the court shall be in writing, and notice thereof, except in case of petitions for rehearing, shall be served on the adverse party or his attorney of record at least one day before the hearing of such motion.

Rule 10. DOCKET-FEE. The plaintiff in error shall, at the time of filing the record in this court, deposit with the clerk the sum of $10, to apply on costs.

Rule 11. PETITION IN ERROR AND TRANSCRIPT. The petition in error shall distinctly set forth each of the errors complained of; and with such petition shall be filed a transcript of so much of the record, proceedings, evidence, rulings, and exceptions in the court below as shall be necessary to exhibit the errors relied upon. The clerk of the court below shall arrange the several parts of the record in chronological order.

Rule 12. REQUISITES OF TRANSCRIPT. The transcript shall be printed or legibly written, and before the same is filed the pages thereof shall be consecutively numhered, and the lines upon each page shall also be separately and consecutively uumbered. For non-compliance with this rule a cause may be dismissed.

First. Causes involving priorities of right to the use of water.

Second. Criminal causes.

Rule 13. MOTION FOR NEW TRIAL. Noth

signed as a ground for a new trial in the court below will be considered in this court, unless it shall appear that the same was properly presented to the court be

Fourth. All other causes.

Rule 6. TIME OF HEARING CAUSES. Civil proceedings on error maturing after the making of the trial docket shall not stand for bearing at that term, except by the consent of the parties thereto. All other causes maturing after the making of the trial docket may, in the discretion of the court, be ordered upon the trial docket at any time after the same have matured. A cause shall be considered "matured" when the briefs of both parties have been filed and served, or when the time limited therefor has expired.

Rule 7. SUBMISSION UPON BRIEFS. Counsel for either or all of the parties, when wishing to submit a cause upon briefs, may avoid the inconvenience of personal attendance at court by filing a written direction with the clerk to so submit upon their behalf.

Rule 8. ORAL ARGUMENT. In oral argument counsel for the party holding the affirmative shall be entitled to the opening and closing, and in the opening he shall present all points and authorities upon which he relies. Counsel opposed shall then be heard, and shall present all points and authorities upon which he relies, and counsel for the party holding the

such motion was overruled and exception was at the time reserved to such ruling; all of which shall be embraced in the bill of exceptions. The ruling of the court below upon each matter presented by a motion for a new trial shall be sufficiently questioned in this court by an assignment that the court below erred in overruling such motion for a new trial.

Rule 14. BRIEFS REQUIRED. Except as otherwise provided in rule 19, briefs shall be filed and served in all causes, and all briefs shall be printed or type-written. Each brief shall contain a statement of the points and authorities relied upon, and shall refer specifically to the page and portion of the record where the question under discussion arises.

Rule 15. TIME FOR FILING BRIEFS. Within 60 days after filing his petition in error the plaintiff in error shall file with the clerk six copies of his brief, and shall at the same time serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief; and within 45 days thereafter the defendant in error shall file with the clerk of the court six copies of his brief, and shall, at the same time, serve upon or mail to the opposite party, or his attorney of record, one other copy of such brief.

Rule 16. SERVICE UPON ATTORNEY GENERAL. In all causes, both criminal and civil, in which the state is a party, or in which any of its property is involved, counsel shall also serve a copy of their brief upon the attorney general.

Rule 17. CRIMINAL CAUSES. In all criminal causes briefs shall be filed and served by the plaintiff in error within 30 days after the filing of the transcript, and by the defendant in error within 30 days thereafter.

Rule 18. RESERVED CASES. In cases reserved in the district court, and certified to the supreme court for decision, briefs shall be filed and served by the party holding the affirmative within 20 days after the papers are filed in the supreme court, and by the other party within 20 days there

after.

Rule 19. ORIGINAL CAUSES. In all cases originally begun in the supreme court the matter of requiring briefs and the time of filing the same shall be fixed by the court or a justice thereof when the case is commenced.

Rule 20. EXTENSION OF TIME. By consent of parties, or for good cause shown before the expiration of the time allowed, the court, or a justice thereof in vacation, may extend the time for filing briefs.

Rule 21. FAILURE то FILE BRIEFS. When the plaintiff in error, or party holding the affirmative, has failed to file and serve his brief as required by these rules, the defendant in error, or party holding the negative, may have the cause dismissed, or may submit it with or without oral argument. When the defendant in error, or party holding the negative, has failed to file and serve his brief as is required by these rules, and the brief of the plaintiff in error, or party holding the affirmative, has been duly filed and served within the time required, the plaintiff in error, or party holding the affirmative, may submit the cause with or without oral argument, and the other party shall not be heard. A cause will be placed on the trial docket at any time for the purpose of enforcing this rule.

Rule 22. DECISIONS. No cause shall be considered decided until the written opin. ion of the court is filed with the clerk.

Rule 23. APPLICATION FOR REHEARING. Application for rehearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points wherein it is alleged that the court has erred. Such petition shall be filed within thirty days after the decision is rendered, and shall be accompanied by a brief of the points and authorities relied upon in support thereof.

Rule 24. APPLICATION SUSPENDS PROCEEDINGS. The filing of the petition for rehearing within the time aforesaid shall suspend proceedings under the decision until the petition is disposed of, unless the court, or one of the justices in vacation, shall otherwise order.

Rule 25. REHEARING. When a rehearing is granted, the cause shall be placed for hearing at the foot of the trial docket. The other party, in all such cases, shall have 15 days from the time of granting the rehearing in which to answer the petition

and brief of the petitioner. Oral argument will be permitted as in other cases.

Rule 26. MANDATE. Upon the determination of the petition for rehearing, or if within 30 days after the decision no petition for rehearing is filed, a special mandate shall issue to the court below, as the cause may require, for execution therein.

Rule 27. CoST OF PRINTING. If the transcript is printed, or if a printed brief is filed and served in conformity to the rules of this court, it shall be the duty of the clerk, unless otherwise ordered, to tax a printer's fee, at the rate of one dollar for every four hundred words embraced in such transcript or brief, against the unsuccessful party not furnishing the same, to be collected and paid to the successful party as other costs.

Rule 28. PENDING CAUSES. These rules shall apply to all pending causes not heretofore submitted, and in any cause now pending a non-compliance with former rules shall be cured by a compliance with these rules.

Rule 29. HABEAS CORPUS, MANDAMUS, QUO WARRANTO, ETC. In any application made to the court for a writ of habeas corpus, mandamus, quo warranto, or for any prerogative writ to be issued in the exercise of its original jurisdiction, and for which an application might have been lawfully made to some other court in the first instance, the petition shall, in addition to the necessary matter requisite by the rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it necessary or proper that the writ should issue orig. inally from this court, and not from such other court, and the sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application. In case any court, justice, or other officer, or any board or other tribunal, in the discharge of duties of a public character, be named in the application as respondent, the petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings; and in such case it shall be the duty of the applicant obtaining an order for any such writ to serve or cause to be served upon such party or parties in interest a true copy of the petition and of the writ issued thereon, and to file in the office of the clerk of this court evidence of such service.

On

Rule 30. COMMITTEE ON ADMISSIONS. the first day of each term a committee of three members of the bar of this court shall be appointed, to whom shall be referred all applications during such term for admission to practice as attorneys and counselors of this court. For the information of the court, such committee shall ascertain by careful examination and investigation, and report upon, the moral character and learning of each applicant; such report to be in writing.

Rule 31. RESTRICTION ON ADMISSION. No person shall be admitted to practice as an attorney or counselor upon evidence that he has been admitted to the bar of another state or territory, if at the time

of his admission to the bar of such state or territory he was a citizen of this state.

Rule 32. REQUISITES FOR ADMISSION. No person shall be admitted to practice as an attorney or counselor who shall not first have taken and subscribed an oath that he is a citizen of this state; also that he will commence the practice of law herein within three months from the date hereof, and make the same his permanent and usual occupation. The fee of the clerk for

filing such oath and entering the name of such person upon the record and issuing a license shall be three dollars, and the same shall be paid to the clerk before the application will be referred to the committee on admissions.

Rule 33. IN FORCE. The foregoing rules are the only rules now in force, and all rules adopted prior to February 20, 1891, are hereby rescinded.

Adopted February 20, 1891.