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SUPREME COURT OF MONTANA.
I. The clerk of the court shall record the certificates of election or commissions and official oaths of the chief justice, associate justices, and clerk of the supreme court, and attorney general, of this state, from time to time, as election or appointment to such offices shall occur.
II. In all cases where an appeal is perfected, and the statement (if there be one) settled 20 days before the commencement of the next succeeding term of this court, the transcript of record shall be filed on or before the first day of such term.
III. If the transcript of the record is not filed within the time prescribed, the appeal may be dismissed, on motion, upon satisfactory evidence of such omission. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the respondent.
IV. On motion to dismiss the appeal for the failure to perfect the same, there shall be presented a certificate of the clerk below, under the seal of the court, certifying the amount or character of the judgment or order appealed from; the date of its rendition; the fact and date of the filing of the notice of appeal, together with the date of service thereof on the adverse party; the fact and date of filing of the undertaking on appeal; the fact and time of the settlement of the statement, if there be any; and also that the appellant has received a duly-certified transcript, or that such transcript has not been requested by appellant, or, if requested, that the appellant has not paid the fees therefor, if the same have been demanded.
or refusing to strike out, portions of plead. ings, evidence, or records, the same shall be recited in full in the exception or motion, or be designated by the lines and pages of the transcript, instead of the lines and pages of the original paper.
VII. In all cases the cost of appeal shall be taxed against the unsuccessful party, unless otherwise ordered by the judgment of this court; and the remittitur shall contain a statement of such costs as are paid to the clerk of this court.
VIII. The transcript on appeal from a final judgment shall contain copies of the notice of appeal, proof of the service thereof, the undertaking on appeal, the pleadings on which are founded the issues in the case, the judgment, and such other parts of the judgment roll as are necessary to present or explain the points relied on, and the statement, if there be any.
IX. The transcript, on appeal from judgment rendered on an appeal, or from an order, shall contain copies of the notice of appeal and proof of the services thereof on appeal, the judgment or order appealed from, and of the papers used on the bearing in the court below.
X. The appellant shall be charged with the duty of having the transcript perfected and filed with the clerk of the supreme court in accordance with the statutes and these rules: provided that, if it shall ap. pear to the satisfaction of the court that the appellant has filed his præcipe in time with the clerk of the court below, directing the preparation of the transcript, and specifying what portions of the record the same shall contain, then, in case the transcript is imperfect, and does not conform to the requirements of the præcipe, and sufficient reason for such non-conformity does not appear, the appeal shall not be dismissed, but on motion of the appellant an order shall be entered requiring the clerk below to correct the transcript within such time as may be prescribed in such order.
XI. For the purpose of correcting any error or defect in the transcript, either party may suggest the same in writing, and, upon good cause shown, obtain an order that the proper clerk certify to this court the whole or part of the record required. If the attorney or counsel for the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompanied by an affidavit showing the existence of the alleged error or defect.
V. All transcripts of records in cases appealed to this court shall be printed or written in type on paper of uniform size and quality, with a margin at the top, bottom, and side of each page, which shall conform substantially in form and quality to a sample to be furnished by the clerk of this court. Each transcript shall be fastened together on the top or left side of the pages, and shall have blank flysheet covers, and but one side of the leaves shall be printed or written upon. The pages and lines shall be numbered. The pleadings, proceedings, and testimony shall be chronologically arranged; and all documentary evidence shall be inserted in the narrative of the evidence where the same was introduced, unless the same is brought to the supreme court under rule XXVIII. Each transcript shall be prefaced with an alphabetical index, specifying the page of every paper, order, or proceeding, and of the testimony of every witness, and every documentary exhibit.
VI. When there is an exception to the action of the court below in striking out,
XII. Upon the death or disability of a party, or transfer of his interest in the suit, pending an appeal, such fact shall be suggested in writing to the court, and if
the cause of action survive or continue, | petition verified by the oath of the party upon motion of the legal or personal representative of such party or any party to the record, an order shall be made substituting such representative in the cause, and the same shall proceed as in other
aggrieved, or his attorney, setting forth the facts in relation to such failure or refusal; and thereupon this court or such justices thereof will, if sufficient grounds appear therefor, issue an order granting leave to the petitioner to prove, before a referee to be named in such order, or by depositions, to be taken in the manner prescribed by statute, the facts in relation to such exception, or bill of exceptions, or statement of the case, and the failure or refusal to allow, certify, or settle the same. A copy of such order shall be served on the adverse party to the action or proceeding wherein such failure or refusal is alleged to have occurred, or his attorney, together with the notice of time and place of taking such testimony.
XIII. The calendar of each term shall consist of the cases in which the transcript shall have been filed on or before the first day thereof, and such cases as are ordered to be entered thereon during the term.
XIV. Parties by stipulation in writing may submit cases at any time upon briefs for the decision of the court.
XV. Appeals in criminal cases shall take precedence of other business, and shall be put upon the calendar upon the motion of any party thereto.
XVI. Briefs of points and authorities shall be printed and bound in pamphlet form, and seven copies thereof shall be filed with the clerk for the use of the court and its officers. When the transcript is filed in vacation, appellant's brief shall be filed on or before the first day of the succeeding term. If the transcript is filed during a term, appellant's brief shall be filed within five days after filing the transcript. Appellant shall serve on respond. ent a copy of his brief at or before the time of filing copies thereof. If respondent desires to file a brief, the same shall be filed, and a copy thereof served on appellant or his counsel, within five days after receipt of appellant's brief. Cases will be set for hearing with reference to the time aliowed for filing and service of briefs.
XVII. References in the briefs to matters in the transcript shall be made by stating the page of the transcript.
XVIII. No more than two counsel will be heard upon a side, and not over one and a half hours on a side for argument will be allowed, unless permission be asked and allowed before the arguments commence. When permitted by the court, arguments on motions are limited to 15 minutes on a side, unless an extension of the argument is requested by the court.
XIX. In any case, if the court is satisfied from the record that the appeal was taken for delay, and without substantial and reasonable ground and errors relied on, such damages shall be awarded as may, under the circumstances, be proper, and as shall tend to prevent the taking of appeals for unreasonable and vexatious delay.
XX. In conformity to the statute requiring the clerk of this court to collect fees in advance and pay the same into the treasury, the remittitur from this court will be sent to the court below or party applying therefor only when application therefor is accompanied with costs. When the judgment of the trial court is reversed or modified, a copy of the opinion shall be attached to the remittitur.
XXI. In case any judge of the district court fail or refuse upon proper presentation or request to allow, settle, and certify an exception or statement of the case in accordance with the facts and the law and practice in such cases, the party aggrieved may within 20 days thereafter present to this court, or any two justices thereof, a
XXII. Motions for rehearing shall be in writing, and filed within 15 days after the determination of the case. The motion shall be accompanied by a statement of the points and authorities relied on, and the same will be considered without argument. If granted, an order will be made as to the further argument of the case.
XXIII. No transcript or paper filed in any case shall be taken from the courtroom or office of the clerk, except upon the order of the court or a justice thereof; and when so taken the same shall be returned within 20 days in all cases, or within a shorter period if ordered.
XXIV. Upon the receipt by the clerk of this court of a mandate from the supreme court of the United States in any case at law or in equity, theretofore taken from this court by writ of error, or appeal to said supreme court, it shall be the duty of said clerk forthwith to issue under his hand and the seal of this court a remittitur to the district court of the district and county in which the judgment was rendered, commanding such court to take such action in the premises as by the mandate shall be proper; and the said remittitur shall also contain therein a recital in hæc verba of the said mandate; and all the costs subsequent to the appeal from said district court shall be taxed in such remittitur.
XXV. Unless made a part of the record in the court below by a bill of exceptions, or unless, upon an inspection of the judg. ment roll, some question of error arises upon the formal parts of the pleadings, motions, and other papers in the court below, hereinafter designated, such formal parts of pleadings and papers shall be omitted in making records to be sent to this court, viz.:
of filing, and no more.)
XXVI. Every application for license to practice law in this state, based upon a certificate of admission to practice law in the courts of another state or territory, or of the United States, shall be accompanied by a petition in writing, verified by the oath of the petitioner, showing:
1. Where, with whom, and how long the petitioner read law, and where he was first admitted to practice; all places in which, and the periods of time during which, he has practiced as attorney or counselor at law, and especially the place and period of time and courts before whom he last practiced.
2. Whether or not any proceedings for his disbarment have been instituted or prosecuted in any jurisdiction.
Such petition must also be accompanied with a certificate of the presiding judge of the highest court in which he last practiced, or was admitted to practice, to the effect that the petitioner was of good standing, and trustworthy in his profession in such jurisdiction, which petition and certificate last mentioned shall be filed with the clerk of this court. Before enrollment every attorney and counselor at law admitted to practice law in this state shall take and subscribe to the oath provided by law for other officers of court.
XXVII. In the event objection is made to the admission of any person to practice law in this state, such objection shall be in writing, setting forth the grounds there
Rule 1. CALENDAR-TITLES OF CASES. The clerk of this court shall keep his office at the place where sessions of this court are held. Three days before the first day of each term he shall prepare a calendar for each member of the court, and one for the bar, wherein the causes brought into this court shall be entered in the following order, viz.: (1) Causes arising under laws of the United States; (2) criminal causes arising under the laws of the territory: (3) all other causes in the order of the filing of the transcript.
In the title of all cases in this court, the plaintiff in the court below shall be first named, being called "appellant” or “respondent," as the case may be.
SUPREME COURT OF UTAH TERRITORY.
Rule 2. TRANSCRIPT-TIME FOR FILING, HOW CERTIFIED, HOW PREPARED. In all cases where an appeal shall be perfected, a transcript of the record shall be filed in this court within 30 days after such appeal shall have been perfected, unless fur
of; and the same may, in the discretion of the court, be referred to the Montana Bar Association for an investigation and report, under such conditions as may be set forth in the order of reference.
XXVIII. Whenever, in the trial of an action or other proceeding, finally appealed to this court, an exhibit of a printed book or pamphlet, or other printed or engraved matter, or of a model, drawing, map, trade-mark, plans, or illustrations, or other matter formed, drawn, printed, or engraved, is introduced or offered in evidence, and it is desired by either party to use the same original exhibit as part of a statement on motion for new trial, or of the case on appeal, or in a bill of exceptions, such exhibit, authenticated by a certificate of the judge of the trial court thereon, or attached thereto, may be brought to this court in its original form as introduced in evidence, either bound in the transcript of the record on appeal, if convenient so to do, or as an exhibit accompanying such record to this court, properly authenticated and certified. Any such exhibit bound in the record filed in this court shall not be withdrawn; but any such exhibit not bound in the record may be withdrawn, after determination of the case, by order of the court or any justice thereof. Whenever the record contains a transcript of any document, writing, map, drawing, engraving, printed matter which was introduced in evidence in a case brought to this court on appeal, and it is deemed expedient to have the same here for examination in the original form, an order will be made, requiring the officer or party having the same in custody to place such original exhibit in the custody of the clerk of this court. Any such exhibit may be withdrawn by the party entitled to the custody thereof after determination of the appeal, by application to the clerk of this court. [In force September 10, 1891.]
ther time is given by this court, or a justice thereof. This transcript shall be certified to be correct by the attorneys of the respective parties or by the clerk of the court from which the appeal is taken; and such transcript shall be filed with the clerk of the district court where the same was tried, and by him promptly transmitted to this court on the order of the attorney for the appellant. The pleadings, proceedings, and papers shall be chronologically arranged in the transcript, and the pages of said transcript shall be numbered, and the transcript shall be prefaced with an alphabetical index, specifying the page on which each separate paper, pleading, proceeding, and the testimony of each witness is found: provided, that the appellant or his attorneys may by præcipe indicate to the clerk what of the files of the cause shall be inserted in the transcript; and in such case, if the record 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.
Rule 3. EFFECT OF FAILURE TO FILE TRANSCRIPTS IN TIME. If the transcript be not filed within the time prescribed or allowed, the appeal may be dismissed on motion, during the first week of the term without notice, and at any time afterwards upon notice. A cause so dismissed without notice may be restored during the same term on notice of five days to the adverse party and for good cause shown; but, unless so restored, the dismissal shall be final.
Rule 4. MODE OF PROCEDURE TO OBTAIN DISMISSAL-CLERK'S CERTIFICATE. On such motion there shall be presented to the court the certificate of the clerk of the court below, under the seal of such court, certifying the amount or character of the judgment; the date of its rendition; the fact and date of the filing of the notice of appeal, and the fact, date, and mode of service thereof; the fact and date of the filing of the undertaking on appeal, and that the same is in due form, and also that appellant has received a certified transcript of the record or that he has failed to request one, or has failed to pay the legal fees therefor, if the same were demanded; but, in case the transcript has been certified to be correct by the attorneys of the respective parties, the fact and date thereof may be shown by any one of them by affidavit.
Rule 5. ERRORS IN TRANSCRIPT-HOW CORRECTED. For the purpose of correcting any error or defect in the transcript, either party may suggest the same in writing to this court, specifying such error or defect, and obtain an order that the proper clerk certify the whole or part of the record, as may be required; or the same may be corrected by stipulation of counsel in open court before argument. If the attorney of the adverse party be not present, or if the fact of the alleged error or defect be controverted by him, the sug gestion must be accompanied by an affidavit, showing the existence of the error or defect aileged.
Rule 6. ABSTRACTS-WHEN TO BE FILED -WHAT TO CONTAIN. The appellant shall, within 15 days after the filing of the tran script, prepare and file with the clerk 10 copies of a printed abstract of the record in each case, and at the same time shall serve a copy of such abstract upon the attorney for the respondent. Said abstract shall set forth the title of the cause, with the date of the filing of all papers in the court below embodied in the transcript,
and a brief statement of the contents of each pleading and paper, and shall set forth fully the substance of the pleadings and of the evidence, if any, and the points relied upon for the reversal of the judgment or decree or order appealed from; and appellant shall refer to the page numbers in the transcript on the margin of the abstract in such manner that orders, pleadings, papers, and evidence referred to in the abstract may be easily found in the record.
Rule 7. RESPONDENT MAY FILE ABSTRACT. The respondent's counsel may, if he be not satisfied with the abstract or abridgment of the record by the appellant's counsel, within 15 days after the same is filed, file with the clerk 10 copies of such further abstract as he may deem necessary to a full understanding of the merits of the cause.
Rule 8. EFFECT OF FAILURE TO FILE ABSTRACT IN TIME, OR TO FILE PROPER ABSTRACT-COSTS. In case the appellant 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; and, if the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal may be dismissed.
Rule 9. EXTENDING TIME TO FILE TRANSCRIPTS, ABSTRACTS, AND BRIEFS. For good cause shown, the court, or any justice thereof, may extend the time for the filing of transcripts, abstracts, and briefs.
Rule 10. BRIEFS-SERVICE OF SAMETIMES FOR FILING. The attorney for the appellant shall serve on the attorney for the respondent a copy of his points and authorities in the form of a printed brief at least five days before the commencement of the ensuing term, and within five days therefrom the counsel for the respondent shall serve upon appellant's counsel a like copy of his points and authorities, and before the hearing the attorneys for each of the respective parties shall file with the clerk ten copies of his brief; and the appellant, in his brief, shall plainly and distinctly set forth the particular errors upon which he relies for a reversal of the judgment or order of the court below.
Rule 11. SIZE AND STYLE OF RECORDS FILED WHEN PRINTING DISPENSED WITH -Cost oF PRINTING. All abstracts of the record and briefs hereafter filed in this court shall be printed on unruled white paper of the size and style now used in the supreme court of the United States, and in small pica type, with one inch for mar-gin; but by leave of court, or one of the justices thereof, a brief (and in criminal cases an abstract) of another character may be filed. And the expense of printing abstracts and briefs, not to exceed one dollar for each page, may be taxed as other costs.
Rule 12. OBJECTION TO RIGHT OF ArPELLANT TO BE HEARD. All technical ob
jections affecting the right of the appellant
to be heard on the merits of a cause must be taken at the first term or adjourned term after the abstract is filed, and must be specified in writing, filed at least one day before the cause is called for argument, or will not be regarded. Such objections must be presented to the court before any argument upon the merits.
Rule 13. TERM CASES WILL BE HEARD. Cases appealed into this court will not be heard at any particular term unless the abstract of the record shall be filed 15 days