Rule 18. By consent of parties, or for good cause shown, the court, or a justice thereof in vacation, may extend the time for the filing of abstracts and briefs.

Upon expiration of the time provided for the filing of abstracts and briefs, the cause shall be placed upon the submission docket. In any cause upon the submission docket wherein no briefs have been filed by appellant or plaintiff in error under standing rule, or an order granting further time, the appeal or writ of error may be dismissed, without notice, for want of prosecution.

Rule 19. The application of the foregoing rules concerning the filing of abstracts and briefs shall not be suspended by any 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, the names of the parties as they appear in the title of the cases, as well as the book and page, shall be given.

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

Oral Argument.

Rule 22. Oral argument upon the final hearing of any cause may be had upon written request therefor, by either party, filed with the clerk, or by order of the court. 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 motion shall then stand submitted. All briefs may be typewritten. Copies of the same shall be served upon the opposite party or his attor

ney.

Withdrawal of Papers.

Rule 24. No paper shall be taken from the files without leave of court, except the transcript of the record, which may be withdrawn by counsel, for eight days and no more, for the purpose of making abstracts.

Every paper taken from the files, by leave of court or otherwise, must be retained in the custody of the party withdrawing it, and it must not be, in any manner, mutilated, taken apart, cut, or marked.

Rehearing of Causes.

Rule 25. Application for rehearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points where

after the filing of the opinion in the cause. Counsel may accompany such petition with the brief of the authorities relied upon in support thereof.

Rule 26. The filing of a petition for a rehearing shall suspend proceedings under the decision until the petition is disposed of, unless the court in term time, or one of the justices in vacation, shall otherwise order.

Rule 27. Upon the determination of a petition for rehearing, or if, within fifteen days after final judgment, no such petition shall have been filed, the clerk shall issue remittitur to the court below, or, if in an original proceeding, issue a certified copy of the final judgment, upon payment, by the party deşiring such remittitur or copy of final judgment, of the balance of costs, if any, due the clerk in the cause; and, if entitled thereto, the party paying costs may have execution or fee bill out of the court therefor.

Rule 29. Clerks of district courts and other courts of record shall be entitled to receive the fees allowed by law for all copies of records before delivering the same, except in criminal causes where the defendants are

unable to pay for transcripts of the record, and the trial judge shall have ordered the same to be furnished without charge.

Rule 30. Except as provided in Rule 4, upon the filing of any suit or proceeding there shall be paid to the clerk, by the party filing the same, the sum of twenty dollars ($20.00), which shall be for and in full payment of all clerical costs of such party in the cause, except for copies of papers; and upon the entry of appearance the opposite party shall pay to the clerk the sum of five dollars ($5.00), which shall be for and in full payment of the like costs of said party in the cause. Upon the final termination of the cause in this court the successful party shall have judgment and execution against the unsuccessful party for the amount of said payment, together with any other costs or damages awarded by the court pursuant to law or the rules of court.

Special Terms of Court.

Rule 31. Special terms of court may be held at any time upon an order signed by two of the justices of the court and filed in the office of the clerk at least fifteen days prior to the day appointed for the assembling of the court. The clerk, on receipt of such

Rule 35. Upon the return day of the writ, if it shall appear that due service has been had, and the defendant fails to plead, default may be entered, and in that case the court may grant the relief demanded, either with or without proof, as in its judgment may be

Contested Elections.

Rule 32. Any qualified elector wishing to contest the election of any person to the office of supreme, district or county judge, shall, within thirty days after the canvass by the state board of canvassers, in case of the supreme or district judge, and within twenty days after the canvass by the county board of canvassers in the other case, file a written statement of his intention to contest, in the office of the secretary of state in the case of the supreme or district judge; and where the contest is for the office of county judge, in the office of the county clerk of the county in which the person whose election to the office of county judge is to be contested resides; which statement or motion shall set forth: First. The name of the contestor. Second. The name of the contestee. Third. The office.

Fourth. The time of the election. Fifth. The particular cause of contest. The statement shall be verified by the affidavit of the contesting party, that the causes set forth are true, as he verily believes.

Rule 33. It shall be the duty of the secretary of state and the county clerk to safely keep and preserve all such statements in their respective offices.

Rule 34. Within thirty days after the filing of such statement of contest, the contestor, if the contest is to be further prosecuted, or some one in his behalf or in behalf of the person for whose benefit the contest is made, shall file in the office of the clerk of this court a petition setting forth the filing of the statement of contest, and the particular grounds therefor; which petition shall be verified by the oath of some credible person. Upon the filing of such petition, the clerk of this court shall issue a summons, directed to the sheriff of the county where defendant resides, under the seal of the court, which summons shall bear teste in the name of the chief justice, and be returnable in not less than ten nor more than thirty days; the same may be served by the sheriff of the county, or in case he is interested, then by the coroner of the county, in the same manner that like writs are served from the district court, and shall command defendant to be and appear before this court by a day to be named therein, and answer the complaint of the plaintiff in that behalf; such summons may be issued to any county in this state where defendant may be found. Alias and pluries writs may issue in case service is not had under the original.

der oath. The answer shall contain a general or specific denial of each material allegation in the petition intended to be controverted, and may contain a statement of new matter showing, in ordinary and concise language, the right or title of the defendant to the office in question. The sufficiency of the petition or answer may be questioned by demurrer or motion. If a pleading be found defective, it may be amended on such terms as the court may deem proper.

Every material allegation of the petition not controverted by the answer, will be taken as true; the statement of any new matter in the answer bill will, at the hearing, be deemed controverted by the plaintiff. The petition, answer and demurrer or motion shall constitute the pleadings in the case.

Rule 36. When the case is at issue, the court shall hear and determine the same in a summary manner, without the intervention of a jury. Unless otherwise ordered, no witness will be examined in open court. Either party, after the issues are formed, may have the deposition of any witness in this state taken before any officer authorized by law to administer oaths, which deposition shall be taken and returned in the manner prescribed by the Civil Code for the taking and returning of depositions in ordinary civil actions.

Rule 37. The finding and judgment of the court shall be entered at length upon the record. The court shall award costs to the successful party, and execution shall issue therefor, the same as in other cases. Witnesses and officers shall receive like compensation as prescribed by law for like duties and services in cases in the district court.

Application for Original Writs.

Rule 38. In any application made to the court for a writ of habeas corpus, mandamus, quo warranto, certiorari, injunction, 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 originally from this court, and not from such other court. 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, in like manner as the same is required to be served upon the respondent named in the application and proceedings, and to produce and file in the office of the clerk of this court the like evidence of such service.

Admission of Attorneys.

Rule 39. No person shall be admitted to practice as an attorney or counselor at law upon evidence that he hath 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 40. Every application for admission to the bar, based on a foreign license, must be accompanied by a certificate by the chief jus tice or presiding judge of the court issuing such license, that the applicant is an attorney of such court in good standing, which certificate must have been given not exceeding

sixty days previous to the time of making such application. No person shall be permitted to practice law in this state who shall not first have taken and subscribed an oath that he is a citizen of the United States; that he will commence the practice of law in this state within three months from the date thereof, and make the same his permanent and usual occupation; that he has never been disbarred by any court of record in which he has heretofore practiced; and that he has never been convicted of felony.

Rule 41. In case an executor, administrator, or conservator is a party to an action in this court in that capacity, after the same is put at issue and submitted in accordance with the rules of this court, the person or party so prosecuting or defending in such representative capacity may have the cause advanced to the head of the submission docket, upon motion, without further showing in support

thereof.

Library.

Rule 42. No book shall be withdrawn from the library of this court, for any purpose, except by order of court in open session.