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ADOPTED NOVEMBER TERM, A. D. 1852.

XXIV. Applicants for admission to the bar will be sworn as attorneys upon proof that they are voters and of good moral character.

XXV. No submission of a case will be permitted without a brief by the party submitting it; and, after the present term, only printed briefs will be received.

XXVI. The pages, and lines upon the pages, of transcripts, must be numbered before the cause is submitted, and the transcript must be referred to in the briefs by page and line.

XXVII. Attorneys upon opposite sides, in each case, will be required, upon request, to interchange briefs.

[This rule requires an interchange only upon request. Neglect to request such interchange does not impose on the appellee the necessity of answering errors not assigned, nor upon the Court to decide them. Hollingsworth v. The State, 8 Ind. R. 257.]

XXVIII. Points not made in some of the briefs by counsel, will be considered as waived in the suit in which the briefs are filed, and may be treated by the Court accordingly. [This rule has been strictly observed in numerous cases. See The Jeffersonville Railroad Co. v. Butler, 9 Ind. R. 205; Henderson v. Burch, 10 id. 54; Shaw v. Binkard, id. 231; Zehnor v. Crall, id. 547.]

XXIX. The volume containing any case cited in a brief, must be placed within the reach of the Court; or the opinion in the case, or such part of it as is relied on, must be accurately copied, with the statement of the facts on which it is based, and so much of the context as forms a qualification of or exception to it.

XXX. In every bill of exceptions, purporting to set out the evidence, upon motion for a new trial overruled, the words "this was all the evidence given in the cause," are to be regarded as technical, and indispensable to repel the presumption of other evidence.

It is ordered that this rule operate on all causes tried in the Circuit Courts and Courts of Common Pleas, after June 1, 1853.

[This rule was adopted to avoid the embarrassment constantly occurring in giving construction to ambiguous language, as in the case of Montgomery v. Doe, 4 Ind. R. 266. Its policy, to secure accuracy, and to lead the Court at once to the main question, is obvious; and compliance with it easy. The New Albany, &c., Railroad Co. v. Callow, 8 Ind. R. on p. 473. The rule has been rigidly adhered to in numerous cases since. See Nutter v. The State, 9 id. 178; The Jeffersonville Railroad Co. v. Butler, id. 205; Mc Cole v. The State, 10 id. 50; Beard v. The First Presb. Church, id. 568; Forgey v. Tucker, 11 id. 320; Powell v. Pierce, id. 322; Chapel v. Washburn, id. 393. See, also, Index, h. t.]

ADOPTED NOVEMBER TERM, A. D. 1853.

XXXI. Causes may be submitted without a brief during the sitting of the Court, at the Supreme Court room, in the State House; but every such submission will be set aside at the costs of the party making it, where a printed brief is not filed in the cause by the submitting party within 60 days from the date of submission.

VOL. XIV-2a

XXXII. Prosecuting attorneys will not be required to file printed briefs in cases wherein they appear as such for the defendant.

ADOPTED NOVEMBER TERM, A. D. 1854.

XXXIII. All cases submitted under the rule giving leave to file a brief in 60 days shall stand dismissed, if the brief is not filed with the clerk within that time.

XXXIV. On the call of the docket at each term, every cause filed one year prior to the first day of such term and not submitted, shall be dismissed at the cost of the party bringing the case up, unless upon such call the cause be submitted on printed brief.

XXXV. The 31st Rule allowing causes to be submitted with leave to file brief in 60 days, is hereby modified so as to apply only to causes filed within 30 days prior to the first day of the term; and all causes filed more than 30 days before the first day of term can be submitted only on printed brief filed at the time of submission under the 25th Rule.

XXXVI. Causes submitted under the sixty-day Rule shall not be distributed to the judges till after the 60 days expire.

XXXVII. After submission the papers shall not be permitted to pass out of the hands of the judge to whom they are allotted; but either party may have a copy of the record, or any part of it, from the clerk, upon the payment of proper fees.

XXXVIII. The 13th Rule is rescinded; and the clerk is directed to keep the records; to permit inspection of them in his office; or, on payment of proper fces, to furnish copies.

ADOPTED MAY TERM, A. D. 1855.

XXXIX. Written briefs may be filed, and oral arguments made in causes in the Supreme Court; but no such brief will be received, except in open Court, at the time the cause is submitted; nor will oral argument he heard, except at that time, unless the Court may desire to hear such argument afterwards. Causes may, however, be submitted by consent of parties at any time, on printed brief by the submitting party, before the clerk of said Court.

XL. Printed briefs may be filed at any time before the cause is decided.

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