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the plaintiff (or defendant) at the time ex- to the reporter, one copy to the State Libracepted.
ry, and one to be filed in his office. VERDICT.
Rule 13. The printed abstract provided for On the
day of , 19, the ju- by these rules shall be deemed and considerry returned into court with the following ed an abstract within the meaning of secverdict: (Set out the verdict, if necessary tion 553 of the Code, B. and C. Comp. to a perfect understanding of the questions Rule 14. In case the appellant shall, withpresented; if not, state the party in whose out reasonable excuse, fail or neglect to serve favor rendered.)
and file abstracts or briefs as required by the And on the
, 19—, the rules of this court, the respondent may have following
the judgment or decree affirmed on motion JUDGMENT (OB DECREE)
and notice; and in case of an abandoned apwas entered: (Set out the judgment or de- peal, the opposite party may, by presenting cree appealed from, or so much thereof as ing, notice of appeal, and proof of service
a copy of the judgment or decree, undertakmay be necessary.)
thereof, have the judgment or decree like
wise affirmed on motion; and if in either ASSIGNMENTS OF ERROR. And the appellant herein says there is
case it appear to the satisfaction of the court
that the appeal was taken for delay only, manifest error on the face of the record in this: (Here assign and set out briefly and may recover such damages as the court shall
Rule 15. After the rules in regard to serv-
Rule 16. Civil causes on the trial docket facts sufficient to constitute a cause of ac- will be set down for argument as near as tion or defense, or those arising upon the as- convenient in the order of their entry, due signments of error, as contained in the print-notice of which will be given to the attorneys ed abstract.
of the respective parties by the clerk; but Rule 11. When for any reason a strict the court may, whenever in its judgment a compliance with the rules relating to the cause is of sufficient public importance, on preparation and service of abstracts or briefs the application of either party, direct it to be becomes impossible or inconvenient, and a set down for argument out of its order; prowaiver or modification thereof, or an ex. vided, parties in either civil or criminal cases tension or shortening of time is desired in may upon stipulation submit the same on any case, the party desiring such waiver or briefs at any time. modification or change of time, may at any
Rule 17. In criminal cases the clerk shall, time before he is in default apply to any jus- when the briefs are filed, or the time elapsed tice of this court in vacation, or to the court (unless application for further time to file in term time, for an order directing the same. the same shall have been granted) under The application shall be made in writing, these rules for filing the same, set the case and shall set out the particular facts relied down for hearing, unless otherwise ordered upon by the applicant, and shall be certified by the court. And a copy of all briefs in to by counsel as being true and made in criminal cases, whether filed by the defendant good faith. The order, if made by the court, Attorney-General, as well as the adverse par
or the district attorney, must be served on the shall be entered in the journal, and if by one ty, and must have proof of such service inof the justices, filed with the clerk. In no dorsed before filing. case will these rules, or any of them, be waived, suspended or modified upon agree
WITHDRAWING PAPERS. ment of counsel only. Rule 12. The clerk shall make the follow- shall be taken from the court room or office
Rule 18. No paper on file with the clerk ing distribution of the printed abstracts and of the clerk, except by order of the court or briefs received under the foregoing rules:
one of the justices; provided, either party Two copies to each justice of the court and may withdraw the transcript of the record
and testimony for the purpose of making ab1 Note.-This outline is presented for the pur- stracts or briefs upon giving a receipt therepose of indicating the character of the abstract for to the clerk, and upon such withdrawal rules, is to be substantially complied with. Of may retain the same for ten days. course, no form can be laid down applicable to all cases. The rule to be observed in abstract- MOTIONS-SERVICE AND HEARING. ing the case is, preserve everything material to the question to be decided, and omit everything and each Tuesday thereafter, shall be mo
Rule 19. The second Tuesday of the term, else.
tion day, at which time all motions, proper shall not allow exceeding $1 a page, includnotice of which has been given, shall be ing cover, when printed in twelve-point type, heard.
and '$1.15 a page when printed in elevenRule 20. All motions, and the affidavits or point type, unless for special reasons appardocuments in support thereof, must be filed ent in the record it shall be otherwise orwith the clerk, and, except as otherwise pro- dered. vided, served by copy upon the opposite par- Rule 26. Cost bills filed within five days ty or counsel ten days before the date speci- after the entry of judgment or decree need fied in the notice for the hearing. The op- not be served; but if filed more than five posite party shall then have five days to file days after decree or judgment is entered and serve papers on the other party or his they must be served upon the adverse party counsel in resistance to the same, and no with proof of service indorsed thereon before paper shall be regarded which does not ap- filing. pear to have been so served. The court may, Rule 27. Costs and disbursements in this on application, by order, shorten the time court will be taxed by the clerk, and his defor service.
cision upon all matters of taxation of costs, Rule 21. An application to this court or a and upon objections thereto, shall stand as justice thereof for an order enlarging the the taxation by the court, unless the party time in which to file a transcript shall be affected by such taxation shall within ten accompanied by a stipulation of the respond days after such taxation or decision move ent consenting thereto or by proof of notice to retax the same. (39 Or. 594; 43 Or. 487; to respondent of such application at least five 44 Or. 529; 45 Or. 139; 87 Pac. Rep. 530.) days before the same is made; provided, Rule 28. The clerk shall not tax costs for however, that when the time in which to file any matter included in the transcript conthe transcript will expire by limitation betrary to these rules, unless specially directed fore such notice can be given, the court or by the court; nor shall any costs be taxed a justice thereof may enlarge the same suffi- unless the cost bill therefor shall be filed be. ciently to enable the required notice to before the mandate is issued. given. REHEARING.
PRAOTICE. Rule 22. All applications for rehearing Rule 29. The mode of review of final deshall be by petition in writing or printing, cisions of the circuit court, when the course signed by counsel, setting forth wherein it of proceeding is not specifically pointed out is claimed the court has erred, and shall be by statute, shall be by appeal as in actions filed within twenty days next after the filing at law, but questions of fact shall not be of the opinion, Counsel may accompany the considertd upon such appeal, unless made a petition with a brief of the authorities upon part of the record by a bill of exceptions. which they rely in support thereof, but no oral argument will be heard thereon. Coun
ADMISSION TO THE BAR. sel shall serve a copy of such petition on the
Rule 30. The second day of the October adverse party and furnish the clerk with five term, and such other time at any term as copies thereof, but it will not be necessary may be ordered, on the written application for the adverse party to answer such petition of five or more persons desiring admission, unless requested to do so by the court.
shall be set apart as the time when persons Rule 23. The filing of a petition for a re- desiring admission to practice as attorney hearing shall suspend further proceedings in the courts of this state may appear and under the decision until the petition is dis
present their applications, who having been posed of, unless the court in term time, or examined in open court touching their qualithe justices in vacation, shall otherwise fications for admission and found duly qualiorder. (39 Or. 525.)
fied, may be admitted to practice as attor
neys and counselors at law in the several MANDATE.
courts of this State. Applications for adRule 24. Upon the disposition of a petition mission can only be made to this court. for rehearing or if within twenty days after Rule 31. Applicants for admission as atfinal judgment or decree no petition shall torneys shall be examined by the justices of have been filed, the clerk shall, as a matter the Supreme Court, or under their direction, of course, unless he is directed by the court and only such shall be admitted as shall be otherwise, issue and forward a mandate to properly learned in the common law, the law the clerk below.
merchant, the principles of equity jurispru
dence, the history and constitutional law of COSTS.
England prior to the Declaration of IndeRule 25. It shall be the duty of the clerk pendence, the history and constitutional law in taxing costs to allow the prevailing party of the United States, the statute and constithe actual cost of printing his abstract or tutional law of this State, and the practical brief (for not exceeding 40 copies.) But he administration of the law. Such examinacion shall be conducted in writing, or partly that any objection is made to the final adin writing and partly orally, as the court mission of any person so licensed to practice may direct.
law in this State, such objection shall be made Rule 32. Each applicant for admission in writing, setting forth the grounds thereof, must produce the certificate of some attor- and shall be filed with the clerk, and may, ney in good standing in this court that such at the discretion of the court, be referred to applicant, if a graduate of some college or three attorneys appointed by the court for other literary institution authorized to con-investigation and report, under such confer degrees, has read law two years, or if ditions as may be set forth in the order of not a graduate, at least three years; and reference; provided, however, that the court that such applicant has the requisite learning may, in its discretion, either continue or reand ability. There shall also be presented voke the temporary license pending such inthe certificate of two attorneys of like stand-vestigation and report. In case no objection ing to the effect that such applicant is a man is so made and filed within six months after of good moral character. In case, however, the making and entry of the order granting the applicant produces a diploma from any the temporary license to practice, then such regular law school or shows that he is a applicant at any time after the expiration graduate thereof, then the certificate of his of said six months may, on written motion having read the time above indicated shall of an attorney of this court, be permanently be dispensed with. The applicant shall also admitted to practice law in the courts of file his own affidavit that he is a citizen of this State; provided, further, that a resident the United States and of this State, or has and citizen and attorney of the highest court complied with the statutory requirements in of record in a sister State, under the laws of that connection, is over the age of twenty- which an attorney who is a citizen of this one years, and has read the books, a list of State may be admitted to the bar thereof, which is included in his affidavit.
may, upon furnishing the proof above reRule 33. Attorneys and counselors at law quired as to his good moral character, be adand solicitors in chancery who have been ad-mitted generally as an attorney in all remitted to practice in the highest courts of spects as if he were a citizen of this State. any other State, territory, or district, or of Rule 34. Applicants for admission upon England, her colonies, or dependencies where examination shall pay to the clerk $10.00, the common law prevails, and who are other- and upon certificate $20.00. (Laws of 1907, wise qualified, may be admitted to the bar p. 426.) of this state without examination upon presenting their certificate of admission to such
DIMINUTION-OF RECORD. courts, accompanied by a petition in writing,
Rule 35. For the purpose of correcting verified by the oath of the petitioner, show- any error or defect in the transcript from the ing (1) where he was first admitted to prac-court below, either party may suggest the tice, all places and the periods of time dur- same, in writing, to this court, and, upon ing which he has practiced as an attorney or good cause shown, obtain an order that the counselor at law, and especially the place, proper clerk certify up the whole or part of the period of time, and the court before the record, as may be required; or the same whom he last practiced; and (2) whether or may be corrected by stipulation of counsel, not any proceedings for his disbarment or in writing, filed with the clerk before argususpension have been instituted or prosecut. ment. If the attorney of the adverse party ed at any time or place. Such petition must be absent, or if the fact of the alleged error also be accompanied by the certificate of the or defect be disputed, the suggestion must be presiding judge of the highest court in which accompanied by an affidavit showing the ex. he last practiced, or was admitted to prac- istence of the error or defect alleged. tice, to the effect that the petitioner was in good standing and trustworthy in his profes
PAPERS, ORIGINAL-HOW BROUGHT sion in such jurisdiction, and also the certif
UP. icate of two attorneys of this court to the
Rule 36. Whenever it shall be necessary effect that they believe him to be a reputable or proper, in the opinion of the presiding attorney and a person of good moral charac-judge in any district, that original papers or ter. Such applicant may, if deemed qualified exhibits of any kind should be inspected in by the court, be licensed to practice law for this court, such judge may make such order a period of nine months from and after the for the safe keeping, transporting, and return date of such license, and the clerk shall im- of such papers or exhibits as to him may mediately notify the secretary of the State seem proper, and this court will receive and Bar Association of such order; provided, consider such papers or exhibits in connechowever, that if such license would expire tion with the transcript of the proceedings. during any vacation of this court, then, and
PENDLETON TERM. in that event, it shall continue in force until the third Monday of the succeeding term of The foregoing rules governing the service this court to be held at Salem. In the event of abstracts and briefs shall not apply to cases for hearing at Pendleton, except that,fected, and file the same in the appellate the abstract provided for in these rules shall court at least ten days before the first day of be deemed an abstract within the purview of the term. The respondent shall serve his $ 553, B. & C. Comp.; and when accompanied brief within twenty days after the service of by a copy of the judgment or decree appealed the appellant's brief upon him, and file the from, the notice of appeal and proof of sery- same within five days before the first day of ice thereof and the undertaking on appeal the term; provided, that in all cases for may be file) in lieu of a transcript.
hearing at Pendleton, the first brief sball be (a) No civil case will be heard at Pendle- served and filed at least five days before the ton unless the appeal has been perfected at first day of the term, and the answering least fifteen days before the first day of the brief by the first day. When the appeal is term.
from a decree in equity and is to be tried (b) In cases for hearing at Pendleton, the anew upon the transcript and evidence acappellant, except in equity cases to be tried companying it, the plaintiff sball open and anew, must serve a brief containing a con- close, and as to printed briefs shall observe cise statement of the errors relied upon, the rule requiring the service and filing of within thirty days after the appeal is per- such brief by appellant.