VI. RULES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS. Compiled by FRANK R. KIMBLEY, of the New York Bar. The following are the rules of the United States Circuit Courts of Appeals, adopted in each of the nine circuits. The rules are substantially identical in all the circuits, the points of difference being indicated by foot-notes. 1. Name. The court adopts "United States Circuit Court of Appeals for the Circuit" as the title of the court.2 2. Seal. The seal shall contain the words "United States" on the upper part of the outer edge; and the words "Circuit Court of Appeals" on the lower part of the outer edge, running from left to right; and the words ". L3 Circuit" in two lines, in the center, with a dash beneath. 3. Terms. One term of this court shall be held annually at the city of ,5 and shall be adjourned to such times and places as the court may from time to time designate. 1 First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth, respectively. In the Seventh Circuit this rule reads as follows: "The title of the court shall be 'United States Circuit Court of Appeals for the Seventh Circuit.'" See 91 Fed. R. iii. First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth, respectively. This rule reads as follows in the First Circuit: "One term of this court shall be held annually at the city of Boston at ten o'clock in the forenoon of the first Tuesday of October. Stated sessions thereof shall be there held at the same hour on the first Tuesday of every month, and may be adjourned to such times and places as the court may from time to time designate. But, unless otherwise ordered, any adjournment shall be held to have been made to the first day of the next stated session." In the Third Circuit: "The terms of this court shall commence and be held on the first Tuesday in March and the third Tuesday in September, at the city of Philadelphia." In the Fourth Circuit: "There shall be held in the city of Richmond, Virginia, three regular terms of this court, one on the first Tuesday In the Second Circuit, "at the city of New York on the last Tuesday of October." In the Fifth Circuit, "at the city of New Orleans on the third Monday of November." In the Eighth Circuit, "at the city of St. Louis, Missouri, on the first Monday in December; and one term of this court shall be held annually at the city of St. Paul, Minnesota, on the first Monday of May; and such terms of said court may be adjourned to such times as the court may from time to time designate." In the Ninth Circuit, "at the city of San Francisco on the first Monday of October." 4. Quorum. 1. If at any term a quorum does not attend on any day appointed for holding it, any judge who does attend may adjourn the court from time to time, or, in the absence of any judge, the clerk may adjourn the court from day to day. If, during a term, after a quorum has assembled, less than that number attend on any day, any judge attending may adjourn the court from day to day until there is a quorum or may adjourn without day.1 2. Any judge attending when less than a quorum is present may make all necessary orders touching any suit, proceeding, or process, depending in or returned to the court, preparatory to hearing, trial, or decision thereof. of February, one on the first Tuesday of May, and one on the first Tuesday of November, in each year." In the Sixth Circuit: "One term of this court shall be held annually on the Tuesday after the first Monday of October, and adjourned sessions on the Tuesday after the first Monday of each other month in the year, except August and September. All sessions of the court shall be held at Cincinnati, unless otherwise especially ordered by the court. At the October, February and May sessions of the court, hereafter referred to as calendar sessions, there shall be a regular and peremptory call of a calendar containing all the cases upon the docket which under the rules should then be ready for hearing. At other than calendar sessions, except the June and July sessions, the court will hear any case upon the docket in which the record has been printed and the briefs for both parties filed, provided that there has been also filed in the clerk's office on the Monday preceding the first day of such session the written consent of counsel for both parties that such hearing may be had. At other than calendar sessions, the court, on motion, will also hear appeals from interlocutory orders granting or refusing preliminary injunctions, appeals, or writs of error in any cause given priority by the statutes of the United States, and appeals from orders in habeas corpus proceedings, where the petitioner is in jail, provided that the record has been printed and the brief of the moving party and due notice of the motion have been filed with opposing counsel at least six days before the opening day of the session. Appeals in habeas corpus or criminal cases, when the petitioner or appellant is in jail, will be heard at any time when the court is in session after the record has been printed and the brief for the petitioner has been filed with opposing counsel six days before the day set for the hearing of the motion. At other than calendar sessions, the court will also hear all motions and miscellaneous business, and will announce opinions. For good cause shown, on motion of either party, the court may advance any cause upon the docket to be heard at any session, whether calendar or otherwise, even though the time permitted under the rules for the filing of briefs may not have expired at the day set for hearing. Such motions for the advancement of causes will be heard only by the court upon five days' previous notice to opposing counsel." In the Seventh Circuit: "A term of this court shall be held annually, at the city of Chicago, on the first Monday in October, and continue until the first Monday in October of the succeeding year. Every term shall be adjourned to such times and places as the court may from time to time designate, unless otherwise specially ordered. The court will hold three sessions for the hearing of causes during each term, beginning on the first Monday in October, the first Monday in January, and the first Monday in May, respectively." In the First Circuit, the clause one of this rule reads as follows: "In the absence of a quorum on any day appointed for holding a term, or on any day to which the court is adjourned, any judge who attends shall adjourn the court from day to day; or, if no judge is present, the clerk shall so adjourn; and, in the absence of all the judges and the clerk, the marshal or his deputy shall so adjourn. But the court may, from time to time, as provided in Rule 3, enter orders directing an adjournment, or adjournments, for longer periods than from day to day, or sine die." In the Seventh Circuit clause one reads: "If, at any term or session, etc. If, during a term or session, etc.;" and in the Ninth Circuit: "If, at any term or session, etc." 5. Clerk. 1. The clerk's office shall be kept at the place designated in the act creating the court at which a term shall be held annually.1 2. The clerk shall not practice, either as attorney or counselor, in this court, or in any other court while he shall continue to be clerk of this court. 3. He shall, before he enters on the execution of his office, take an oath in the form prescribed by section 794 of the Revised Statutes, and shall give bond in a sum to be fixed,2 and with sureties to be approved, by the court, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court. A copy of such bond shall be entered on the journal of the court, and the bond shall be deposited for safe keeping as the court may direct. 4. He shall not permit any original record or paper to be taken from the court-room or from the office without an order from the court.3 6. Marshal, Crier, and Other Officers. 1. Every marshal and deputy-marshal shall, before he enters on the duties of his appointment, take an oath in the form prescribed by section 782 of the Revised Statutes, and the marshal shall, before he enters on the duties of his office, give bond in a sum to be fixed,5 and with sureties to be approved, by the court, for the faithful performance of said duties by 1 In the Fifth Circuit, subdivision 1 of rule 5 reads: "The clerk's office shall be kept at the city of New Orleans; " in the Seventh Circuit: "The clerk's office shall be kept at Chicago;" in the Ninth Circuit: "The clerk's office shall be kept at San Francisco, California." In the Fifth Circuit, "in the sum of ten thousand dollars ($10,000)." * In the Seventh Circuit the following is added to this rule: "5. All fees collected by the clerk, which are not properly taxable as costs in any case and which are not by law required to be by him deposited in the treasury of the United States, shall constitute a fund to be expended by the clerk under the direction of the court in the purchase of law books for the library of the court. 6. The clerk shall keep an accurate and itemized account of all moneys received by him officially, including costs and fees in cases in the court and fees and moneys collected on any account whatever, and shall deposit the same as received daily to his credit as clerk, and separately from all individual accounts, in a national bank designated by the senior judge; and at the end of each month and whenever required by the court or senior judge shall submit to the senior judge a detailed report showing by items all moneys received and all paid out during the month and the total balances on hand from each and all sources of receipt. Each report shall be accompanied by a statement over the signature of the cashier or other officer of the bank in which the deposit is kept of the amount in the bank to the credit of the clerk at the close of the last day included in the report." 91 Fed. R. iv. In the First Circuit this rule was amended so as to read: "The marshal shall be in attendance during the sessions of the court, with such number of bailiffs, messengers, and other officers as the court may from time to time order." In the Sixth Circuit the first subdivision reads: "The crier and bailiff's of the court shall, before they enter on their duties, take an oath in the form prescribed by section 782 of the Revised Statutes; " in the Seventh Circuit: "The crier and bailiffs of the court, before entering upon their duties, shall take an oath in the form prescribed by section 782 of the Revised Statutes;" in the Eighth and Ninth Circuits the first subdivision is omitted. 90 Fed. R. lii-cxxxv. In the Fifth Circuit the sum is fixed at $10,000. 60 Fed. R. lxxxiv. himself and his deputies. Said bond shall be filed and recorded in the office of the clerk of the court. 2. The marshal and crier shall be in attendance during the sessions of the court, with such number of bailiffs and messengers as the court may, from time to time, order. 7. Attorneys and Counsellors.1 All attorneys and counsellors admitted to practice in the Supreme Court of the United States, or in any Circuit Court of the United States, shall become attorneys and counsellors in this court on taking an oath or In the Fifth Circuit this rule reads as follows: "All attorneys and counsellors admitted to practice in the Supreme Court of the United States upon filing certificate of such admission with the clerk of this court, and upon taking an oath or affirmation in the following form, viz.: "I, - ——, do solemnly swear (or affirm) that I will demean myself as an attorney and counsellor of this court uprightly and according to law, and that I will support the Constitution of the United States" (a copy of which shall also be filed with the clerk), shall become attorneys and counsellors of this court; provided, however, that any attorney or counsellor eligible to admission as any attorney and counsellor of this court may be admitted to practice, on motion, in open court, upon taking the oath or affirmation as prescribed, and subscribing the roll. No fees shall be charged by the clerk under this rule." 90 Fed. R. xcviii. In the Sixth District: "All attorneys and counsellors permitted to practice in the Supreme Court of the United States, or in any Circuit Court of the United States, shall become attorneys and counsellors in this court on taking an oath or affirmation as prescribed by Rule 2 of the Supreme Court of the United States and upon subscribing the roll. The fee for admission shall be ten dollars. Every person taking the oath and paying such fee shall be entitled to a certificate of his admission, signed by the clerk." 96 Fed. R. iv. In the Seventh Circuit: “All attorneys and counsellors, admitted to practice in the Supreme Court of the United States, or in any Circuit Court of the United States, or in the Supreme Court of a State in this circuit, may become attorneys and counsellors in this court on taking an oath or affirmation in the form prescribed by Rule 2 of the Supreme Court of the United States (3 Sup. Ct. v), and on subscribing the roll." 91 Fed. R. v. In the Eighth Circuit this rule read as follows: "1. All attorneys and counsellors admitted to practice in the Supreme Court of the United States, or in any Circuit Court of the United States, or in the Supreme Court of any State in this circuit, may, upon motion of some member of the bar of this court, be admitted as attorneys and counsellors in this court on taking an oath or affirmation in the form prescribed by Rule 2 of the Supreme Court of the United States, and on subscribing the roll; but no fee shall be charged therefor." 2. And any attorney and counsellor admitted to practice in the courts of highest original jurisdiction in the States and Territories of this circuit, or in the Supreme Courts of such States and Territories, or in the District or Circuit Courts of the United States for this circuit, will be admitted to practice and enrolled as an attorney and counsellor of this court upon furnishing to the clerk of this court a certificate of a clerk or judge of any one of the courts named that the applicant is an attorney of any one of said courts, and upon subscribing and forwarding to the clerk the following oath: "I do solemnly swear (or affirm) that I will demean myself as an attorney and counsellor of the Circuit Court of Appeals for the Eighth Circuit, uprightly and according to law, and that I will support the Constitution of the United States, so help me God." 91 Fed. R. cxxiv. In the Ninth Circuit, Rule 7 reads as follows: "All attorneys admitted to practice in the Supreme Court of the United States, or in any Circuit Court of the Ninth Circuit, shall be deemed attorneys of the Circuit Court of Appeals for the Ninth Circuit; but such attorneys, on or before their first appearance in open court in said court, shall take an oath or affirmation, in the form prescribed by Rule 2 of the Supreme Court of the United States, and subscribe the roll of attorneys. All other persons who have been admitted to practice in the highest court of any State or Territory, upon presenting satisfactory evidence of good moral character and fair professional standing, may be admitted to practice in said court upon taking the oath so prescribed and subscribing the roll of attorneys." affirmation in the form prescribed by Rule 2 of the Supreme Court of the United States, and on subscribing the roll; but no fee shall be charged therefor.1 8. Practice.2 The practice shall be the same as in the Supreme Court of the United States, as far as the same shall be applicable. 9. Process. All process of this court shall be in the name of the President of the United States, and shall be in like form and tested in the same manner as process of the Supreme Court. 10. Bill of Exceptions. The judges of the Circuit and District Courts shall not allow any bill of exceptions which shall contain the charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge. But the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions, and allowed by the court. 11. Assignment of Errors. The plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. Such assignment of errors shall form part of the transcript of the record, and be printed with it. When this is not done, counsel will not be heard, except at the request of the court; and errors not assigned according to this rule will be disregarded, but the court, at its option, may notice a plain error not assigned. 12. Objections to Evidence in the Record. In all cases of equity or admiralty jurisdiction, heard in this court, no objection shall be allowed to be taken to the admissibility of any deposition, deed, grant, exhibit, or translation, found in the record as evidence, In the Third Circuit the following clause is added to the rule: "And all attorneys and counsellors of the Circuit Court of the United States for the Third Circuit shall be attorneys and counsellors of this court without taking any further oath." In the Fourth Circuit these words are added: "And on payment of a fee of five dollars." "In the Seventh Circuit this rule reads as follows: "The practice, so far as may be, shall be the same as in the Supreme Court of the United States." |