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Table Mountain Co. v. Waller's Defeat Co....
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THE SUPREME COURT
THE STATE OF NEVADA.
Applicants for license to practice as attorneys and counselors will be examined in open Court on the first day of the term.
In all cases where an appeal has been perfected, and the statement settled (if there be one) twenty days before the commencement of a term, the transcript of the record shall be filed on or before the first day of such term.
If the transcript of the record be not filed within the time prescribed, the appeal may be dismissed on motion during the first week of the term, without notice. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party; and unless so restored, the dismissal shall be final and a bar to any other appeal from the same order or judg
On such motion, there shall be presented the certificate of the Clerk below, under the seal of the Court, certifying the amount or character of the judgment, the date of its rendition, the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears, the fact and date of the filing the undertaking on appeal, and that the same is in due form; the fact and time of the settlement of the statement, if there be one; and, also, that the appellant has received a duly certified transcript, or that he has not requested the Clerk to certify to a correct transcript of the record; or, if he has made such request, that he has not paid the fees therefor, if the same have been demanded.
All transcripts of records hereafter sent to this Court shall be on paper of uniform size, according to a sample to be furnished by the Clerk of the Court, with a blank margin one and a half inches wide at the top, bottom, and side of each page, and the pleadings, proceedings, and statement shall be chronologically arranged. The pages of the transcript shall be numbered, and shall be written only upon one side of the leaves. Each transcript shall be prefaced with an alphabetical index to its contents, specifying the page of each separate paper, order, or proceeding, and of the testimony of each witness, and shall have, at least, one blank or fly-sheet cover.
Marginal notes of each separate paper, order, or proceeding, and of the testimony of each witness, shall be made throughout the transcript.
The transcript shall be fastened together on the left side of the pages, by ribbon or tape, so that the same may be secured, and every part conveniently read.
The transcript shall be written in a fair legible hand, and each paper or order shall be separately inserted.
No record which fails to conform to these rules shall be received or filed by the Clerk of the Court.
For the purpose of correcting any error or defect in the transcript from the Court below, either party may suggest the same, in writing, to this Court, and upon good cause shown, obtain an order that the proper clerk certify to the whole or part of the record, as may be required. If the attorney of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompanied by an affidavit showing the existence of the error or defect alleged.
Exceptions to the transcript, statement, the undertaking on appeal, notice of appeal, or to its service, or proof of service, or any technical objection to the record affecting the right of the appellant to be heard on the points of error assigned, must be taken at the first term after the transcript is filed, and must be noted in writing and filed at least one day before the argument, or they will not be regarded. In such cases, the objection must be presented to the Court before the argument on its merits.
Upon the death or other disability of a party pending an appeal, his representative shall be substituted in the suit by suggestion, in writing, to the Court on the part of such representative or any party on the record. Upon the entry of such suggestion, an order of substitution shall be made, and the cause shall proceed as in other cases.
The calendar of each term shall consist only of those causes in which the transcript shall have been filed on or before the first day of the term, unless by written consent of the parties; provided, that all cases in which the appeal is perfected, and the statement settled, as provided in Rule II, and the transcript is not filed before the first day of the term, may be placed on the calendar, on motion of the respondent, upon the filing of the transcript.
Causes from the same Judicial District shall be placed together, and all the causes shall be set on the calendar in the order of the several districts, commencing with the first, except that causes in which the people of the State are a party shall be placed at the head of the calendar.
At least three days before the argument, the appellant shall furnish to the respondent a copy of his points and citation of authorities; and within two days thereafter, the respondent shall furnish to the appellant a copy of his points and citation of authorities, and each shall file with the Clerk a copy of his own for each of the Justices of the Court, or may one day before the argument file the same with the Clerk, who shall make such copies, and may tax his fees for the same in his bill of costs.
No more than two counsel on a side will be heard upon the argument, except by special permission of the Court; but each defendant who has appeared separately in the Court below, may be heard through his own counsel. The counsel for the appellant shall be entitled to open and close the argument.
All opinions delivered by the Court, after having been finally corrected, shall be recorded by the Clerk.
All motions for a rehearing shall be upon petition in writing, presented within ten days after the final judgment is rendered, or order made by the Court, and publication of its opinion and decision, and no argument will be heard thereon. No remittitur or mandate to the Court below shall be issued until the expiration of the ten days herein provided, and decision upon the petition, unless upon good cause shown, and upon notice to the other party, or by written consent of the parties, filed with the Clerk.