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COPYRIGHT, 1895,

WEST PUBLISHING COMPANY.

(38 PAC.)

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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RULES OF COURT.

SUPREME COURT OF COLORADO.

Writs of Error-Supersedeas-Process. made be complete and duly certified by the Rule 1. Writs of error shall be directed to clerk of the court below, with assignments of the clerk or keeper of the records of the court error appended thereto, which assignments in which the judgment or decree complained must be supported by a succinct printed or of is entered, commanding him to certify a

typewritten brief. No application for a sucorrect transcript of the record to this court persedeas or other original writ will be conIn any case where a transcript of the record, sidered by the court, or by any justice in vaduly certified to be full and complete, is filed cation, unless the cause shall have been first in the office of the clerk of this court, before docketed. Upon the docketing of the cause the issuance of a writ of error, it shall not be as aforesaid, the sum of ten dollars shall be necessary, except in a case where a superse- the writ, or upon further prosecution of the

paid to the clerk, and upon the allowance of deas may be allowed, to deliver such writ to the clerk of the inferior court; but the same cause, an additional sum of ten dollars shall be

advanced to the clerk. may be filed in the office of the clerk of this court, and such transcript so filed with the

Rule 5. When a writ of error shall be made clerk of this court shall be taken and consid- a supersedeas, the clerk shall indorse upon ered to be a due return to said writ of error. said writ the following words: “A transcript In capital cases, in which a writ of error of the record in this cause having been filed shall issue and be made to operate as a su- in my office, with an order indorsed thereuppersedeas to stay the execution of the judg- on that the writ of error herein be made a ment of the trial court as provided by stat- supersedeas, according to law, this writ of erute, such writ of error, as also the scire faci- ror is therefore made a supersedeas, and shall as to hear the errors assigned, shall be made operate accordingly,” – which indorsement returnable forthwith. When a writ of error shall be signed by the clerk of this court. shall issue in a case where a supersedeas has

Rule 6. Whenever execution or other final been allowed after the filing of the transcript process shall be issued upon a judgment at of the record, and shall be served on the law or decree in equity, and the record of clerk of the inferior court, he shall return up- such judgment or decree shall be removed on said writ that the same has been served into this court by writ of error operating as upon him, and that it appears by the indorse a supersedeas, such writ of error may be servment thereon that a transcript of the record ed upon the officer in whose hands such exehas been filed in the office of the clerk of the cution may be; and thereupon all proceedsupreme court.

ings under such execution shall be discontinRule 2. A scire facias, or summons to hear ued, and such officer shall return the same inerrors in civil cases, and criminal cases not to the court from which it was issued, tocapital, if issued ten days or more before the gether with a copy of the writ of error served first day of the term, shall be returnable to on him, and shall set forth in his return to the first day of the term.

such execution what, if anything, he hath If issued less then ten days before the first done in obedience to the command thereof. day of the term, it may be made returnable Such service of the writ of error and superto any day in the term: provided, that in all sedeas may be made by delivering to the officases, if such writ shall not be served ten cer having such final process for execution a days before the return day thereof, the de- copy of such writ of error, and the indorsefendant so served shall not be required to ap- ments thereon, with the certificate of the pear in obedience thereto until the first day clerk of the supreme court, or of the clerk of of the term succeeding such return day. the inferior court to whom the same is di

A defendant upon whom process has not rected, that the same is a true and perfect been served may enter his appearance, and, copy of the original of such writ of error and upon five days' notice to the plaintiff, may the indorsements thereon. proceed in the same manner as if duly served Rule 7. Whenever a bond is executed by an with process.

attorney in fact, the original power of attorRule 3. If a scire facias, or summons to ney shall be filed with the bond in the office hear errors, shall not be served, an alias or of the clerk of this court, unless it shall appluries may be issued without an order of pear that the power of attorney contains othcourt therefor.

er powers than the mere power to execute the Rule 4. No supersedeas will be granted un- bond in question; in which case the original less the record upon which the application is power of attorney shall be presented to the 38PAC.

(v)

clerk, and a true copy thereof filed, certified half, the cause may be heard ex parte, or the by the clerk to be a true copy of the original. judgment or decree of the court below may,

Rule 8. Clerks of inferior courts, in making in the discretion of the court, be reverser] up an authenticated copy of the record in without a hearing. civil cases, shall certify to this court so much Rule 13. Counsel will be confined to a disof the record, arranged in chronological or- cussion of the errors stated, but the court der, as the appellant or plaintiff in error may, may, in its discretion, notice any other erby praecipe, indicate. If the record, so cer- ror appearing of record. tified, shall be insufficient, it shall be perfect

Abstracts of Record. ed at his cost, and, if unnecessarily voluminous, the cost of the unnecessary parts shall Rule 14. Appellants and plaintiffs in error, be taxed against him.

in all cases, shall, within twenty days after

the return day, prepare and file with the Supplemental Transcript of Record.

clerk eight copies of a printed abstract of the Rule 9. When a party to any cause pend- record in each case, in which they shall set ing in this court asks leave, without suggest- forth the title of the cause, with the date of ing a diminution of record, to file an addi- the filing of all papers in the court below, tional or supplemental transcript of the rec- and a brief statement of the contents of each ord, he shall give at least twenty-four hours' pleading, and shall set forth fully the points notice thereof to the opposite party. At the of the pleadings or evidence, and the points time of giving such notice, the additional or relied upon for the reversal of the judgment supplemental transcript shall be deposited or decree. They shall also refer to the folio with the clerk of this court for the inspection numbers in the transcript and bill of excepof the opposite party. Such motion shall be tions, on the margin of the abstract, in such submitted under Rule 23, and, if leave is manner that orders, pleadings, and evidence granted, the additional or supplemental tran- therein referred to may be easily found in script may be filed and considered in connec- the record. If the abstract filed shall not tion with the original transcript.

present the parts of the record to which ref

erence is made in the assignment of errors, Dismissal of Appeals.

the appeal or writ of error may be dismissed.

Rule 15. Counsel for the appellee or de. Rule 10. If a transcript of the record shall fendant in error may, if he is not satisfied not be filed, as required by law, in case of with the abstract of the record filed in the appeal, the appellee may present a transcript case, within twenty days after the same is of the judgment, the order allowing the ap- filed, file with the clerk eight copies of such peal, the bond and the approval thereof, and further abstract as he shall deem necessary thereupon the appeal shall be dismissed, with to a full understanding of the merits of the costs. Whenever an appeal or writ of error shall be

Rule 16. In case the appellant or plaintiff dismissed, this court may, in its discretion, in error shall neglect to file an abstract in affirm the judgment of the court below.

compliance with the rules of this court, the

opposite party may file the abstract and preAssignment of Errors.

pare the cause for a hearing ex parte, and Rule 11. Appellants and plaintiffs in error have the costs taxed therefor, or the court shall assign errors in writing at the time of may dismiss the appeal or writ of error. filing the transcript of the record, and each

Briefs of Counsel, Etc. error shall be separately alleged and particularly specified.

Rule 17. All briefs of counsel and abstracts When the error alleged is to the charge of of the record shall be printed upon octavo the court, the part of the charge referred to pages, in pamphlet form. The brief of counshall be quoted totidem verbis in the specifi- sel for appellant or plaintiff. in error shall cations: provided, where the charge is divid- contain a statement of the error relied upon ed into separate paragraphs or instructions, and the authorities to be used in the arguwhich are each duly numbered, and error is ment, and eight copies thereof shall be filed assigned as to one or more entire paragraphs with the clerk within forty days after the or instructions, it shall be sufficient to desig- day fixed by rule for the filing of his abnate the part of the charge referred to by giv- stracts. ing the number prefixed to each paragraph or Two copies of such briefs may be withinstruction so assigned for error.

drawn by counsel for appellee or defendant The same shall be signed by an attorney of in error, and the other copies shall be for the the court.

use of the justices of the court. Rule 12. If the appellant or plaintiff in er If the brief of appellant or plaintiff in error shall fail to assign error, the appeal or ror shall be filed in compliance with this writ of error may be dismissed.

rule, the appellee or defendant in error shall No formal joinder in error shall be re- file with the clerk eight copies of his brief quired, but if the appellee or defendant in within forty days after the expiration of the error shall not in any manner appear within time mentioned for the filing of the brief of the time allowed for filing briefs in his be- appellant or plaintiff in error.

cause.

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