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Entered according to an act of Congress, the year one thousand eight hundred and sixty-one, by
MERRILL & COMPANY,
In the Clerk's office of the District Court of the United States, within and for the District of
Rec. Apr. 6, 1861
ELDER & HARKNESS, PRINTERS,
17 No case is expressly overruled in this volume. For cases explained, followed, &c., see the proper title in the index.
RULES OF THE SUPREME COURT.
ADOPTED NOVEMBER TERM, A. D. 1846.
I. Motions may be made immediately after the orders of the preceding day are read and the opinions of the Court delivered in; but at no other time, unless in cases of necessity or in relation to a cause when called in course.
II. Motions are to be made by the counsel in the order in which their names stand on the record; but no one is to make more than one motion at a time.
III. When a motion is founded on a matter of fact which is not admitted, or apparent on the record, it must be supported by affidavit.
IV. Rehearings must be applied for during the term in which the decision is made, and by petition in writing setting forth the causes for which the judgment or decree is supposed to be erroneous. The Court will consider the petition without argument, and direct the rehearing, if granted, to one or more points, as the case may require.
V. When a cause, whether at law or in chancery, is submitted without argument, each party must farnish the Court with a written statement of the points to be relied on signed by counsel; but when the cause is to be argued, such statement must be submitted to the Court at a convenient time before the calling of the cause.
VI. In every cause brought before the Court for trial, one of the counsel for the plaintiff must open his case; he will be answered by the counsel for the defendant, who will be replied to by one of the plaintiff's counsel; and this will end all discussion.
VII. But two counsel will be allowed to argue on one side of any cause without leave of the Court, which may never be asked for except in a case of importance and difficulty.
VIII. On motions and collateral questions, but one counsel will be heard on either side without leave of the Court.
IX. In original cases in chancery, all extrinsic objections to depositions or other exhibits, must be made before the final hearing of the cause.
X. The clerk of this Court shall not permit the papers, in any cause, to be taken from his office or from the Court room, except by one of the judges.
XI. In appeals, the same rules shall be observed with respect to the assignment of errors as in writs of error.
XII. Supersedeas-bonds may be executed in the clerk's office of the Court below, with surety to be approved of by such clerk, in a sum sufficient to include the judgment, damages, and costs. If a certified copy of the bond be presented to the clerk of this Court, on application for a supersedeas or for a writ of error to operate as such, the same may be issued in the usual form. The writ may also issue, though such copy be not presented. In that case the clerk shall indorse on the supersedeas, or on the writ of error indorsed to operate as a supersedeas, that it shall not stay the proceedings until the bond be executed as aforesaid, and an indorsement be made by the clerk below on the supersedeas, or on the writ of error, that the bond has been executed and approved of as aforesaid. And a certified copy of the bond shall be filed in the clerk's office of this Court on or before the first day of the term next ensuing the granting of the writ.
XIII. The clerk, during the term, may deliver the transcript of a cause to the counsel of either party, on being furnished with a receipt for the same. The transcript to be returned to the office within two days, or sooner if required.
XIV. All transcripts must be delivered to the clerk at his office, and the causes be there docketed.
XV. Applications for writs of supersedeas in term time, must be made by delivering the transcript and briefs to the clerk at his office. And the clerk must deliver such transcripts and briefs to the judges at their chambers, on the evening of the day on which he receives them.
XVI. When a cause in error is called, which has been docketed more than 90 days before the term, and there is no appearance for the defendant (process not having been served 10 days nor taken out 60 days before the term), the suit shall be dismissed.
XVII. If a cause be docketed on or before the first day of the term, and, if in error, the process have been served 10 days before the term, the parties must be ready when the cause is called.
XVIII. No motion for a certiorari in cases of diminution of the record will be heard, unless the motion be made in writing, and state the defects to be supplied.
XIX. If, when a cause is called, the plaintiff fail to appear, the defendant may have the cause dismissed, or may submit it either with or without argument. If the defendant make default, the plaintiff may proceed ex parte.
XX. The assignment of errors shall contain the names of the parties; and process, when necessary, shall issue accordingly.
XXI. Subsequently to the present term (Nov. T., 1846), the causes shall be decided by the Supreme Court in the order of time in which they have been, or shall be, submitted, cases of emergency excepted.
XXII. Appearances to suits in this Court shall be entered in the clerk's office.
XXIII. The rule as to the order of time in deciding causes does not apply to plain