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RULE XIV. Submitting case on printed arguments. — Causes which have not been exchanged may be submitted at any time in term on printed arguments. Exchanged causes cannot be submitted until reached upon the calendar.
RULE XV. Motions.-Motions will be heard on the morning of the first day, and on the morning of each following Tuesday and Friday during the term, before taking up the calendar.
Where notice has been given of a motion, if no one shall appear to oppose, it will be granted as of course.
If a motion be not made on the day for which it has been noticed, the opposing party will be entitled, on applying to the court at the close of the motions for that day, to a rule denying the motion, with costs.
RULE XVI. Remittitur.-The remittitur shall contain a copy of the judgment of this court, and the return made by the clerk of the court below; and shall be sealed with the seal, and signed by the clerk, of this court.
RULE XVII. On affirmance or reversal by default, remittitur to be stayed. When a decree or order shall be affirmed or reversed by the default of either party, the remittitur shall not be sent to the court below, unless this
court shall otherwise direct, until ten days after notice of the affirmance or reversal shall have been served on the attorney of the party in default. Service of the notice shall be proved to the clerk by affidavit, or by the written admission of the attorney on whom it was served.
RULE XVIII. Enlarging time. Revoking orders. — The time prescribed by these rules for doing any act, may be enlarged by the court or by either of the judges thereof; and either of the judges may make orders to stay proceedings, which, when served with papers and notice of motion, shall stay the proceedings according to the terms of the order. Any order may be revoked or modified by the judge who made it, or, in case of his absence or inability to act, by either of the other judges.
RULE XIX. Rules, when to take effect.—These rules shall take effect on the first day of July next, from which time all former rules are abrogated, except so far as it may be necessary to follow them upon appeals and writs of error which shall be then pending.
RULE XX. Call of Calendar.-Ten causes only will be called on any day, but after such call, cause sready on both sides will be heard in their order. Any cause which is regularly called and passed without postponement by the court- for good cause shown, at the time of the call, will be placed on all subsequent calendars as if the return had been filed on the day when it was so passed.
Causes upon the calendar may be exchanged one for another of course, on filing with the clerk in court a note of the proposed exchange with the numbers of the causes, signed by the respective attorneys or counsel. Upon all subsequent calendars, each of said causes will take the place due to the date of the filing of the return in the other.
Any cause, except the first ten upon the calendar, may be struck therefrom before it is reached, of course and without prejudice, by the clerk in court, on consent of the parties who placed the same upon the calendar, at any time during the first week of the term.
RULE XXI. Duty of clerk as to exchanged causes and calendar. — The clerk must keep a memorandum of such exchanged and passed causes, and place them upon all subsequent calendars, in accordance with the foregoing provisions.
Rules VI., X., XX., and XII., with a notice that “ 14 copies of cases and points are required,” must be printed on the first leaf of the calendar.
RULE XXII. Each counsel limited, to two hours.-- In the argument of a cause, not more than two hours shall be occupied by each counsel, except by the express permission of the court.
RULE XXIII. (Adopted June, 1860.) Preferred causes.-According to existing laws, causes which are preferred take their preference in the following order:
1. Criminal actions.
2. Cases of probate, in which the appeal prevents the issuing of letters testamentary or of general administration.
3. Appeals in which the sole plaintiffs or defendants are executors or administrators.
4. All other preferred cases.
Any party claiming a preference must so state in his notice of argument to the opposite party, and to the clerk; and he must also state the ground of such preference, so as to show to which of the above classes the case belongs. In making up the calendar, the clerk will place the preferred causes at the head in the order above prescribed. A preferred cause being once passed without reservation, will take its place in subsequent calendars without prefer
RULE XXIV. (Adopted January, 1862.) alendar to continue one year.
Causes to be noticed for January term.—The printed calendar for the present January term, and for each succeeding January term, shall stand as the calendar for the entire year. Causes noticed and placed upon the calendar for the January term of any year, shall be considered as noticed for all the subsequent terms. Additional causes may be noticed for the March term, 1862, which shall be printed with their appropriate numbers, and annexed to the calendar. After the January term in each year hereafter, no causes, except such as are by law entitled to a preference, will be permitted to be placed upon the calendar without the direction of the court.
RULE XXV. (Adopted January, 1862.) No defaults allowed.Judgment by default will not be allowed, nor will causes be reserved, or set down for hearing upon a particular day, except in extraordinary cases. When a cause is called in its order upon the calendar, it must be either argued, submitted or passed. If either party appear alone, he may, at his option, be heard orally, or submit the case upon his printed brief. If the appellant only appears, he shall furnish the court with the usual number of printed copies of the case, and of his points; if the respondent, he shall hand to the court the copies of the case served upon him, and fourteen printed copies of his points. The party thus appearing and arguing or submitting his case, shall hand to the clerk a printed copy of his brief, to be delivered, whenever called for, to the opposite party, who may at any time within twenty days after the hearing, furnish each member of the court, and serve upon the opposite party, a printed answer to such brief, which may be replied to in like manner at any time within fifteen days after such service.
RULE XXVI. (Adopted January, 1862.) Call of calendar. The call of the calendar at the second, and each subsequent term in the year, will commence at the point where it terminated at the previous term, except that causes placed upon the calendar at the next March term, if entitled by their date or otherwise to priority over the causes remaining upon the calendar, will be first called. Causes which are passed, and which, of consequence, go to the foot of the calendar, will resume their original places upon the calendar for the ensuing year.
RULE XXVII. (Adopted January, 1864.) Proof of service of notice of argument.-- In all cases where the notice of argument is filed with the clerk of this court, there shall be filed with the same due proof or admission of the service of notice of argument upon the adverse party. And the clerk is directed not to enter on the calendar any cause in which proof of the service of said notice is not filed with him.
RULE XXVIII. (Adopted January, 1864.) Re-argued causes.All causes in which a re-argument is ordered, may, at the election of either party, be placed on the calendar at the next term after such re-argument is ordered, or the following term. The same to take its original place in the calendar.
ADOPTED AUGUST 4, 1858.
See Code, s. 470.
ORDERED, that the following rules shall commence and take effect on the first day of October next :
RULE 1. Examination of candidates for admission. ---Applicants for admission to practice as attorneys and counselors of this court, who are entitled to examination, shall be examined in open court; the examination shall be had at general term, and shall commence on the first Wednesday of the second and fourth general terms which shall be held in the several judicial districts in each year, and at no other time or place; and no private examination shall be permitted.
RULE 2. Proof of citizenship, &c. Applicants from other States. To sign roll, &c., on admission.—To entitle an applicant to an examination, he must prove to the court
1. That he is a citizen of the United States, and that he is twenty-one years of age, and a resident of the district in which he applies, which proof may be made by his own affidavit of the fact.
2. The evidence of good moral character shall be the certificate of a reputable counselor of this court, or of some other reputable person known to the court; but such certificate shall not be deemed conclusive evidence, and the court must be satisfied on the point, after a full examination and inquiry.
3. Such applicant must sustain a satisfactory examination upon the law of real and personal property, contracts, partnership, negotiable paper, principal and agent, principal and surety, insurance, executors and administrators, bailments, corporations, personal rights, domestic relations, wills, equity jurisprudence, pleadings, practice and evidence.
4. Applicants for admission from other States shall conform to the foregoing rules, unless they produce a certificate from a judge of the highest court of original jurisdiction in the State from which they come, to the effect that for three years, immediately preceding, they have practiced as attorneys or counselors in such court, and that they are in good standing as such attorneys or counselors.
5. Applicants admitted shall sign a roll, and subscribe and take the constitutional oath of office.
RULE 3. Where papers to be filed. Papers on special motion to be filed.-Papers shall be filed in the county specified in the complaint as the place of trial, or in the county to which the place of trial has been changed. And in case the place of trial has changed for the reason that the proper county is not specified, the papers on file at the time of the order making such change shall be transferred to the county specified in such order; and all other papers in the cause shall be filed in the county so specified.
When the affidavits and papers upon a non-enumerated motion are required by law to be filed, and the order to be entered in a county other than that in which the motion is made, the clerk shall deliver to the party prevailing in the motion, unless the court shall otherwise direct, a certified copy of the rough minutes, showing what papers were used or read, together with the affidavits and papers used or read upon such motion, with a note of the decision thereon, or the order directed to be entered, properly certified. And it shall be the duty of the party to whom such papers are delivered to cause the same to be filed, and the proper order entered in the proper county within ten days thereafter, or, in default thereof, he shall lose the benefit of the said order.
RULE 4. Undertakings and afidavits to be filed.—It shall be the duty of the plaintiff's attorney forth with to file with the clerk of the proper county all undertakings given upon procuring an order of arrest, an injunction order, or an attachment, with the approval of the justice or judge taking the same endorsed thereon; and in case such undertakings shall not be filed within five days after the order for arrest or injunction, or the attachment, has been granted, the defendant shall be at liberty to move the court to vacate the proceedings for irregularity, with costs, as if no undertaking had been given. It shall also be the duty of the attorney to file within the same time, and under the like penalty, the affidavits upon which an injunction or attachment has been granted, and also the affidavit upon which an order for the service of a summons by publication or an order for a substituted service of a summons has been granted, together with the order for such service.
RULE 5. Bail, where to justify.—Whenever bail are required to justify, they shall justify within the county where the defendant shall have been arrested, or where the bail reside.
RULE 6. Sureties to justify, and value of security to be proved. Undertakings to be acknowledged. Whenever a justice or other offi