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COPYRIGHT, 1895,

BY

WEST PUBLISHING COMPANY.

(38 PAC.)

1716145

West

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. Rule 1. Writs of error shall be directed to the clerk or keeper of the records of the court in which the judgment or decree complained of is entered, commanding him to certify a correct transcript of the record to this court. In any case where a transcript of the record, duly certified to be full and complete, is filed

in the office of the clerk of this court, before

made be complete and duly certified by the clerk of the court below, with assignments of error appended thereto, which assignments must be supported by a succinct printed or typewritten brief. No application for a supersedeas or other original writ will be considered by the court, or by any justice in vacation, unless the cause shall have been first docketed. Upon the docketing of the cause as aforesaid, the sum of ten dollars shall be paid to the clerk, and upon the allowance of the writ, or upon further prosecution of the cause, an additional sum of ten dollars shall be

advanced to the clerk.

Rule 5. When a writ of error shall be made a supersedeas, the clerk shall indorse upon said writ the following words: "A transcript of the record in this cause having been filed in my office, with an order indorsed thereupon that the writ of error herein be made a supersedeas, according to law, this writ of error is therefore made a supersedeas, and shall operate accordingly,” — which indorsement shall be signed by the clerk of this court.

the issuance of a writ of error, it shall not be necessary, except in a case where a supersedeas may be allowed, to deliver such writ to the clerk of the inferior court; but the same may be filed in the office of the clerk of this court, and such transcript so filed with the clerk of this court shall be taken and considered to be a due return to said writ of error. In capital cases, in which a writ of error shall issue and be made to operate as a supersedeas to stay the execution of the judgment of the trial court as provided by statute, such writ of error, as also the scire facias to hear the errors assigned, shall be made returnable forthwith. When a writ of error 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 recorded 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.

Rule 2. A scire facias, or summons to hear errors in civil cases, and criminal cases not capital, if issued ten days or more before the first day of the term, shall be returnable to the first day of the term.

If issued less then ten days before the first day of the term, it may be made returnable to any day in the term: provided, that in all cases, if such writ shall not be served ten days before the return day thereof, the defendant so served shall not be required to appear in obedience thereto until the first day of the term succeeding such return day.

A defendant upon whom process has not been served may enter his appearance, and, upon five days' notice to the plaintiff, may proceed in the same manner as if duly served with process.

Rule 3. If a scire facias, or summons to hear errors, shall not be served, an alias or pluries may be issued without an order of court therefor.

Rule 4. No supersedeas will be granted unless the record upon which the application is

38PAC.

ings under such execution shall be discontinued, and such officer shall return the same into the court from which it was issued, together with a copy of the writ of error served on him, and shall set forth in his return to such execution what, if anything, he hath done in obedience to the command thereof.

Such service of the writ of error and supersedeas may be made by delivering to the officer having such final process for execution a copy of such writ of error, and the indorsements thereon, with the certificate of the clerk of the supreme court, or of the clerk of the inferior court to whom the same is directed, that the same is a true and perfect copy of the original of such writ of error and the indorsements thereon.

Rule 7. Whenever a bond is executed by an attorney in fact, the original power of attorney shall be filed with the bond in the office of the clerk of this court, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question; in which case the original power of attorney shall be presented to the (v)

Rule 13. Counsel will be confined to a discussion of the errors stated, but the court may, in its discretion, notice any other error appearing of record.

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 reversed up an authenticated copy of the record in without a hearing. civil cases, shall certify to this court so much of the record, arranged in chronological order, as the appellant or plaintiff in error may, by praecipe, indicate. If the record, so certified, shall be insufficient, it shall be perfected at his cost, and, if unnecessarily voluminous, the cost of the unnecessary parts shall be taxed against him.

Supplemental Transcript of Record.

Rule 9. When a party to any cause pending in this court asks leave, without suggesting a diminution of record, to file an additional or supplemental transcript of the record, he shall give at least twenty-four hours' notice thereof to the opposite party. At the time of giving such notice, the additional or supplemental transcript shall be deposited with the clerk of this court for the inspection of the opposite party. Such motion shall be submitted under Rule 23, and, if leave is granted, the additional or supplemental transcript may be filed and considered in connection with the original transcript.

Dismissal of Appeals.

Rule 10. If a transcript of the record shall not be filed, as required by law, in case of appeal, the appellee may present a transcript of the judgment, the order allowing the appeal, the bond and the approval thereof, and thereupon the appeal shall be dismissed, with costs.

Whenever an appeal or writ of error shall be dismissed, this court may, in its discretion, affirm the judgment of the court below.

Assignment of Errors.

Rule 11. Appellants and plaintiffs in error shall assign errors in writing at the time of filing the transcript of the record, and each error shall be separately alleged and particularly specified.

Abstracts of Record.

Rule 14. Appellants and plaintiffs in error, in all cases, shall, within twenty days after the return day, prepare and file with the clerk eight copies of a printed abstract of the record in each case, in which they shall set forth the title of the cause, with the date of the filing of all papers in the court below, and a brief statement of the contents of each pleading, and shall set forth fully the points of the pleadings or evidence, and the points relied upon for the reversal of the judgment or decree. They shall also refer to the folio numbers in the transcript and bill of exceptions, on the margin of the abstract, in such manner that orders, pleadings, and evidence therein referred to may be easily found in the record. If the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal or writ of error may be dismissed. Rule 15. Counsel for the appellee or defendant in error may, if he is not satisfied with the abstract of the record filed in the case, within twenty days after the same is filed, file with the clerk eight copies of such further abstract as he shall deem necessary to a full understanding of the merits of the

cause.

Rule 16. In case the appellant or plaintiff in error shall neglect to file an abstract in compliance with the rules of this court, the opposite party may file the abstract and prepare the cause for a hearing ex parte, and have the costs taxed therefor, or the court may dismiss the appeal or writ of error.

Briefs of Counsel, Etc.

Rule 17. All briefs of counsel and abstracts of the record shall be printed upon octavo pages, in pamphlet form. The brief of counsel for appellant or plaintiff in error shall contain a statement of the error relied upon and the authorities to be used in the argument, and eight copies thereof shall be filed with the clerk within forty days after the day fixed by rule for the filing of his ab

When the error alleged is to the charge of the court, the part of the charge referred to shall be quoted totidem verbis in the specifications: provided, where the charge is divided into separate paragraphs or instructions, which are each duly numbered, and error is assigned as to one or more entire paragraphs or instructions, it shall be sufficient to designate the part of the charge referred to by giv-stracts. ing the number prefixed to each paragraph or instruction so assigned for error.

Two copies of such briefs may be withdrawn 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 error shall fail to assign error, the appeal or writ of error may be dismissed.

If the brief of appellant or plaintiff in error shall be filed in compliance with this 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 error shall not in any manner appear within the time allowed for filing briefs in his be

within forty days after the expiration of the time mentioned for the filing of the brief of appellant or plaintiff in error.

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