Rules of Practice.

shall be served on the opposite party or his attorney, at least one day before they shall be submitted to the Court.

motions must also be in writing.

XIX.

Objections to

WHEN TO BE SUPPORTED BY AFFIDAVIT.

When a motion is intended to be, based on matters which do not appear by the record, the facts must be disclosed and supported by affidavit.

XX.

SECURITY FOR COSTS.

Upon filing an affidavit that any plaintiff in error is not a resident of this State, and that no bond for costs has been filed, a rule will be entered against him, of which he shall take notice, to show cause why the writ shall not be dismissed.

XXI.

ABSTRACTS.

In all cases, the party bringing a cause into this Court shall furnish a complete abstract or abridgment of the record therein, referring to the appropriate pages of the record by numerals on the margin, and shall cause such abstract to be printed in a neat and workmanlike manner, with small-pica type and leaded lines, on one side only, upon white foolscap paper, leaving a margin at least two inches in width on the left-hand side of each sheet. Six copies of such printed abstract shall be filed in each case, one for each of the justices, one for the defendant in error or appellee, and two to be filed with the record.

XXII.

FURTHER ABSTRACTS

The defendant's counsel shall be permitted, if he is not satisfied with the abstract or abridgment furnished by the plaintiff's counsel, to file and to furnish each of the justices of this Court with such further abstracts as he shall deem necessary to a full understanding of the merits of the cause.

Rules of Practice.

XXIII.

BRIEFS.

Printed briefs will be required in all causes, whether argued orally, in full or in part only, or when submitted on briefs without oral argument. The briefs required should contain a short, clear statement of the points, and the authorities in support thereof; and in citing cases from published reports, counsel will be required not only to give the book and page, but also the names of the parties as they appear in the title of the reported case; and the names of counsel filing brief or abstract must appear to the same. But the filing of a printed brief shall not preclude the party from filing full printed or written arguments in support of his brief of points and authorities, provided he does so within the time his printed brief is required to be filed.

XXIV.

NUMBER OF COPIES.

Six copies of the briefs must be filed in each case, one for each of the justices, one for the opposite party, and two to be filed with the record.

XXV.

DOCKETING AND HEARING.

Causes in which the people are a party, and in which they have a direct interest in the decision, shall be placed at the head of the docket; all other cases shall be docketed and called for argument in the order in which the records shall have been filed with the Clerk.

XXVI.

CALL OF DOCKET-EXPIRATION OF RULES.

The civil docket shall be called numerically, and the causes shall be argued, continued, or otherwise disposed of, as they are called, unless, for good cause shown they be placed at the foot of the docket; but not more than five cases shall be called on any one day. All unexpired rules will terminate upon the call of the cause for hearing: Provided, That if the Court shall give time to either party without the consent of the other, the cause shall not lose its precedence on the docket.

Rules of Practice.

XXVII.

TIME OF FILING ABSTRACTS AND BRIEFS.

In all cases where the record shall have been filed with the Clerk not less than twenty days before the first day of the term, and including all causes continued from a former term, the plaintiff in error, or appellant, shall file with the Clerk his abstract and brief at least five days before the first day of the term; and in all other cases, down to and including number fifty of the term docket, the plaintiff in error, or appellant, shall file his abstract and brief on or before Monday of the second week of the term; and in all cases from number fifty-one to number seventy-five, inclusive, on or before Monday of the third week of the term; and in all cases from number seventy-six to one hundred, inclusive, on or before Monday of the fourth week of the term; and in all cases from number one hundred and one to and including one hundred and twenty-five, on or before Monday of the fifth week of the term; and in all cases subsequent to number one hundred and twentyfive, on or before Monday of the sixth week of the term. In case of the failure of the plaintiff in error, or appellant, to file either his abstract or brief within the time above prescribed, the judgment or decree of the court below will, on the call of the docket, be affirmed. In all cases, the appellee or defendant in error shall file his brief at least one day before the day the cause is called for hearing.

XXVIII.

ORAL ARGUMENT.

Oral arguments will be heard on the calling of a cause upon the regular call of the docket, on behalf of the appellant, or plaintiff in error, if he shall have complied with the rule in regard to filing printed abstract and brief; and on behalf of the appellee, or defendant in error, if he shall have filed his printed brief on or before the day preceding the day of the calling of the cause. Printed or written arguments on behalf of either party, in addition to the brief, will not be received unless the same shall have been filed within the time prescribed by these rules for the filing of printed briefs by such party, except that the appellant or plaintiff in error shall be at liberty to file a written or printed reply at any time before the argument of the case is commenced.

Rules of Practice.

XXIX.

TIME FOR ARGUMENT.

The time allowed for each oral argument upon the hearing of a cause, shall be restricted to one hour, except the closing argument, which shall be restricted to thirty minutes, unless otherwise specially permitted. Oral arguments will not be heard upon any motion, unless specially directed by the Court.

XXX.

DAMAGES ON DISMISSING APPEALS.

When appeals from decrees, judgments or orders for the recovery of money, are dismissed by this Court for want of prosecution, or for failing to file authenticated copies of records, as required by law, the Court will award damages against the appellant upon the amount recovered in the court below, not exceeding ten per cent. on the first $100, and five per cent. on any excess.

XXXI.

RE-HEARINGS-TIME AND MANNER OF APPLICATION.

The manner of applying for a re-hearing shall be as follows: Within fifteen days after a decision is entered of record, party desiring a re-hearing shall give actual notice in writing to the opposite party, or to his attorney, of his intention to make such application, and, within thirty days after the filing of the opinion, shall place on file in the Clerk's office six printed copies of the petition.

XXXII.

Application for a re-hearing of any cause shall be made by petition to the Court, signed by counsel, briefly stating the grounds for a re-hearing, and the authorities relied on in support thereof. All cases in which a re-hearing has been granted, or in which a petition therefor is pending, shall be placed by the Clerk on the term docket in the order of their general number.

XXXIII.

RE-HEARING-SUPERSEDEAS-STAY OF PROCEEDINGS. Any two of the Justices of this Court may, in vacation, issue an order which shall operate as a supersedeas in any case which has

Rules of Practice.

been submitted to this Court for hearing and judgment, whenever a re-argument of the same shall, in their opinion, be advisable.

XXXIV.

WHEN OPINION FILED IN VACATION.

Whenever a petition for a re-hearing shall be presented to either of the Justices of this Court in vacation, if he shall certify that there is probable grounds for granting a re-hearing, all further proceedings authorized by the judgment of this Court shall be stayed until the next term of the Court.

XXXV.

EXECUTIONS.

Upon the affirmance of judgments, executions may issue at the option of the party, from this Court, or if such party so elect, a writ of procedendo shall be issued to the court below, upon the payment, by the successful party, of the costs made by him in this Court.

XXXVI.

ABSTRACTS-TAXED AS COSTS.

Upon printed abstracts being furnished in conformity to the rules of this Court, it shall be the duty of the Clerk to tax a printers' fee, at the rate of twenty cents for each one hundred words of one copy of such abstract, against the unsuccessful party not furnishing such abstracts, as costs to be recovered by the successful party furnishing the same.

XXXVII.

Whereas, by a rule of the Supreme Court, it is ordered, that in all cases removed to that court from the Appellate courts, only so much of the record embracing a copy of the final judgment or decretal order of the circuit court, with a short statement of the facts found by the Appellate court and a copy of their final judginent, as shall be necessary to clearly and fully present the question upon which the decision of the Supreme Court shall be sought, shall be certified to that court, and that the same shall be directed by at least two of the judges of the Appellate court, and that their order to that effect shall be certified as a part of the record.