Rules of the Supreme Court of the State of Utah, Revised and Adopted at Salt Lake City, May 2, 1896, being of the January Term of that year, with Amendments thereto to date, January, 1906.

RULES OF PRACTICE IN THE SUPREME COURT OF THE STATE OF UTAH.

RULE 1.

CALENDAR TITLES OF CASES.

The clerk of this court shall keep his office at the place where sessions of this court are held. Three days before the first day of each term he shall prepare with an index of cases a calendar for each member of the court, at least one hundred for the bar, wherein the causes brought into this court shall be entered in the following order, viz. 1st-Criminal causes arising under the laws of the State; 2nd-All other causes in the order of the filing of the transcript.

In the title of all cases in this court, the plaintiff in the court below shall be first named, being called appellant or respondent as the case may be.

RULE 2.

TRANSCRIPT-TIME FOR FILING; HOW CERTIFIED; HOW PREPARED.

In all cases where an appeal shall be perfected, a transcript of the record shall be filed in this court within thirty days after such appeal shall have been perfected, unless further time is given by this court, or a justice thereof on good cause shown by affidavit. This transcript shall be certified to be correct by the attorneys of the respective parties or by the clerk of the court from which the appeal is taken; and such transcript shall be filed with the clerk of the district court where the same was tried and by him promptly transmitted to this court on the order of the attorney for the appellant. The pleadings, proceedings and papers shall be chronologically arranged in the transcript and the pages of said transcript shali be numbered and the transcript shall be prefaced with an alphabetical index, specifying the page on which each separate paper, pleading, proceeding and the testimony of each witness is found. Provided, that the appellant or his attorneys may by praecipe indicate to the clerk what of the files of the cause shall be inserted in the transcript, and in such case if the record shall be insufficient, it shall be perfected at his cost; and if unnecessarily voluminous the cost of the unnecessary parts shall be taxed against him.

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RULE 3.

EFFECT OF FAILURE TO FILE TRANSCRIPT IN TIME.

If the transcript be not filed within the time prescribed or allowed, the appeal may be dismissed on motion, during the first week of the term without notice, and at any time afterwards upon notice. A cause so dismissed without notice may be restored during the same term on notice of five days to the adverse party and for good cause shown, but unless so restored, the dismissal shall be final.

RULE 4.

MODE OF PROCEDURE TO OBTAIN DISMISSAL; CLERK'S CERTIFICATE.

On such motion there shall be presented to the court the certificate of the clerk of the court below, under the seal of such 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 and the fact, date and mode of service thereof; the fact and date of the filing of the undertaking on appeal and that the same is in due form, and also that appellant has received a certified transcript of the record or that he has failed to request one, or has failed to pay the legal fees therefor, if the same were demanded; but in case the transcript has been certified to be correct by the attorneys of the respective parties, the fact and date thereof may be shown by any one of them by affidavit.

RULE 5.

ERRORS IN TRANSCRIPT-HOW CORRECTED.

For the purpose of correcting any error or defect in the transcript either party may suggest the same in writing to this court, specifying such error or defect, and obtain an order that the proper clerk certify the whole or part of the record as may be required; or the same may be corrected by stipulation of counsel in open court before argument. If the attorney of the adverse party be not present, or if the fact of the alleged error or defect be controverted by him, the sug gestion must be accompanied by an affidavit, showing the existence of the error or defect alleged.

RULE 6.

ABSTRACTS-WHEN TO BE FILED—WHAT TO CONTAIN.

The appellant shall within fifteen days after the filing of the transcript, prepare and file with the clerk ten copies of a printed abstract of the record in each case, and at the same time shall serve a copy of such abstract upon the attorney for the respondent. Said abstract shall contain an index and set forth the title of the cause with the date of the filing of all papers in the court below embodied in the transcript, and a

brief statement of the contents of each pleading and paper, and shall set forth fully the substance of the pleadings and of the evidence, if any, and the points relied upon for the reversal of the judgment or decree or order appealed from, and appellant shall refer to the page numbers in the transcript on the margin of the abstract in such manner that orders, pleadings, papers and evidence referred to in the abstract may be easily found in the record.

RULE 7.

RESPONDENT MAY FILE ABSTRACT.

The respondent's counsel may, if he be not satisfied with the abstract or abridgment of the record by the appellant's counsel, within fifteen days after the same is filed, file with the clerk ten copies of such further abstract as he may deem necessary to a full understanding of the merits of the cause.

RULE 8.

EFFECT OF FAILURE TO FILE ABSTRACT IN TIME; OR TO FILE PROPER AB

STRACT-COSTS.

In case the appellant shall neglect to file an abstract in compliance with the rules of this court, the opposite party may file the abstract and prepare the cause for a hearing exparte and have the costs taxed therefor, or the court may dismiss the appeal; and if the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal may be dismissed.

RULE 9.

EXTENDING TIME TO FILE TRANSCRIPTS, ABSTRACTS AND BRIEFS.

For good cause shown by affidavit the court or any justice thereof may extend the time for the filing of transcripts, abstracts and briefs. But only one extension shall be made except on two days' notice to opposite party.

RULE 10.

(As Amended.)

BRIEFS-SERVICE OF SAME-TIME FOR FILING-EFFECT OF FAILURE TO

FILE.

The attorney for the appellant shall serve on the attorney for the respondent a copy of his points and authorities in the form of a printed brief, at least fifteen days before the commencement of the ensuing term; and within ten days from the service of appellant's brief, counsel for the respondent shall serve upon appellant's counsel a like copy of his points and authorities; and before the first day of the term the attorney for each of the respective parties shall file with the clerk ten

copies of his brief, and of any reply brief which counsel may wish to file; and the appellant in his brief shall plainly and distinctly set forth the particular errors upon which he relies for a reversal of the judgment or order of the court below, and shall make therein a brief statement of the facts necessary for the consideration and determination of the points relied upon for a reversal, and shall make careful reference to the abstract as to each of said facts, or the transcript when such fact is not contained in the abstract.

If the respondent controverts the facts contained in appellant's brief, he shall, in like manner as the appellant, make a statement and references in his own brief.

"For failure of the appellant to file his brief of points and authorities as required in this rule, the court may, in its discretion, affirm the judgment appealed from, dismiss the appeal, or may examine the record, and render such judgment as it may deem just; and for failure of respondent to file his briefs as required by this rule, he shall not be heard on the merits of the cause."

RULE 11.

SIZE AND STYLE OF RECORDS FILED-WHEN PRINTING DISPENSED WITHCOST OF PRINTING,

All abstracts of the record and briefs hereafter filed in this court shall be printed on unruled white paper of the size and style now used in the supreme court of the United States, and in small pica type with one inch for margin, but by leave of court or one of the justices thereof a brief and abstract (in criminal cases) of another character may be filed. And the expense of printing abstracts and briefs, not to exceed seventy-five cents for each page, may be taxed as other costs.

RULE 12.

OBJECTION TO RIGHT OF APPELLANT TO BE HEARD.

All technical objections affecting the right of the appellant to be heard on the merits of a cause, must be taken at the first term or adjourned term after the abstract is filed, and must be specified in writing filed at least one day before the cause is called for argument, or will not be regarded. Such objections must be presented to the court before any argument upon the merits.

RULE 13.

TERM CASES WILL BE HEARD.

Cases appealed into this court will not be heard at any particular term unless the abstract of the record shall be filed twenty days before the the commencement of such term, or unless the appellant shall in writing present a satisfactory excuse for not having so filed the ab

stract; but this rule shall not apply to cases docketed for the purpose of dismissal under the rules of this court.

RULE 14.

MOTIONS-NOTICE-TIME MAY BE EXTENDED.

All motions shall be in writing, subscribed by counsel and filed with the clerk, and in cases where a notice of motion is required, the time prescribed thereof, may be shortened by any justice of the court as well as by the court.

RULE 15.

STIPULATIONS AND AGREEMENTS.

All stipulations and agreements of parties or their attorneys in respect to a cause shall be reduced to writing, signed by them, and filed with the clerk or stated in open court and entered by the clerk; otherwise the same will be disregarded. Counsel obtaining any order or judgment may be required by the clerk to furnish to him the form of the same.

RULE 16.

CAUSES SUBMITTED ON BRIEFS.

Any cause may be submitted on brief by stipulation and either party may submit a cause on his behalf on brief filed and without oral argument.

RULE 17.

TIME GIVEN FOR ORAL ARGUMENT-WHO MAY BE HEARD.

Counsel for each party shall be allowed one hour, to be divided among associates as they may desire, but the court in special cases will allow further time. Each defendant who appeared separately in the court below and an intervenor, may be heard through his own counsel.

RULE 18.

OPINIONS TO BE FILED BY CLERK-NOTICE OF DECISIONS.

All opinions of the court after having been finally corrected, shall be filed by the clerk, and shall not be taken from the clerk's office, as soon as such opinion is filed, the clerk shall give written notice of the same to the attorney for each party.

RULE 19.

REMOVING RECORDS-MAY BE REMOVED FOR PREPARING ABSTRACTS.

No papers shall be taken from the files of this court except by leave of court or one of the justices thereof; but appellants may with