RULES OF THE SUPREME COURT. ADOPTED OCTOBER 26TH, 1872. RULE 1. Admission of attorneys at law. 2. Filing transcripts, points, and authorities, and service thereof. 3. When appeal may be dismissed for want of filing the record, etc. 4. On motion to dismiss without notice certificate must show what. What must be shown on motion with notice. 5. Transcripts to be printed, and how. 6. Transcript to be arranged, how. This rule to be strictly enforced. 7. Map or survey, how furnished and referred to. 8. Transcript, when not to be filed. 9. Copy of transcript, how served; what is equivalent; costs. 10. Written transcript, and funds to print, may be transmitted to the Clerk. His duty thereon. 11. Printing, etc., as costs, how taxed. 12. Errors and defects, how corrected. 13. Exceptions or objections to any of the proceedings in perfecting the appeal, how taken, and when. 14. Substitution on the suggestion of death or other disability of a party pending appeal, how made. 15. Calendar, how and when arranged. 16. Criminal cases to be placed at the head of the calendar. 17. How other printing to be done. 18. Number of counsel, and in what time to be heard. 19. Opinions to be corrected, and then recorded by the Clerk. 20. Motions for rehearing, how made. costs, etc. 21. When remittitur to issue. 22. Time of notice of motion, five days. Frivolous to incur 23. Certified copy of opinion to accompany remittitur. Admission of attorneys at law. RULE 24. Transcript and papers, how withdrawn. 25. Writs of certiorari, when issued. 26. Costs, to whom chargeable primarily; to be paid, when. 27. Causes brought on for hearing, how and when. 28. Applications for peremptory writs of mandate, and proceedings therein. 29. Applications for alternative writs of mandate, and proceedings therein. 30. Preliminary motions in such proceedings heard first day of the term. 31. Questions of fact in such proceedings, how disposed of. 33. A peremptory writ of mandate to issue immediately, when 34. Proof of service of notice, what, and proceedings thereafter. 35. Dismissal of appeal on stipulation. How entered by Clerk. 36. Original paper may be required to be produced, when and by whom. 37. Application for prerogative writs to show what, and the real parties in interest. RULE 1. Applicants for license to practice as attorneys and counselors will be examined in open Court, on the first day of the term, and on that day only. Persons applying for admission otherwise than upon examination must personally appear in Court at the time the motion for their admission is made. No applicant will be examined unless he shall have filed with the Clerk of the Court, on or before the first day of the term at which he presents himself for examination, a certificate, signed by at least two attorneys of the Court, each of whom shall have been regularly engaged in practice as such for at least four years next theretofore, stating in substance that they have, and that each of them has, carefully and diligently examined the applicant touching his qualifications in point of learning in the law to be admitted to practice; that it satisfactorily appeared to them, and each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, naming the place at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate; and stating any other fact tending to show the extent of the attainments of the applicant, and also, that in their opinion the applicant possesses the requisite qualifications in point of law learning to entitle him to be admitted to practice. NOTE.-See Ex Parte Snelling, Oct. Term, 1872, cited in note to Sec. 279 of this Code. transcripts, points, and and service authorities, RULE 2. The appellant in a civil action shall, Filing within forty days after the appeal is perfected, and the statement on appeal, if there be one, is settled, file the printed transcript of the record, duly certified to be correct by the attorneys of the respective parties, or by the Clerk of the Court from which the appeal is taken. Within fifteen days thereafter the appellant shall serve and file his brief, or his points and authorities; and within fifteen days thereafter the respondent shall serve and file his brief, or points and authorities; and the appellant may, within ten days thereafter, serve and file his brief, or points and authorities in reply. Written evidence of the service upon the adverse party of the transcript and brief, and points and authorities, shall be filed therewith. There shall also be filed eight copies of the transcript, and of each of the briefs and points and authorities for the Justices, Reporter, the State Library, and the San Francisco Law Library. The times above limited may be extended by stipulation, but shall not be extended by the Court, or the order of three Justices, more than twenty days; and such extension of time shall be granted only upon good cause, shown by affidavit. No briefs or points shall be filed after the cause is submitted, unless the Court, of its own motion, shall so direct. In criminal actions the written transcript of When appeal may be dismissed for want of filing the record, etc. the record shall be prepared as provided by Rule 6, and shall be filed within thirty days after the appeal is taken. The respective parties shall file their briefs or points and authorities as the Court may direct. NOTE. A Court may not, by a rule, deprive one of a statutory right.-People vs. McClellan, 31 Cal., p. 103. When the rules of the Court below are relied on to sustain a point in this Court, the record should disclose the rule. This Court is not presumed to know the rules of the inferior Courts.-Worden vs. Mendocino Co., 32 Cal., p. 655. The points relied on to reverse the judgment should be made in the opening brief.-Hihn vs. Curtis, 31 Cal., p. 398. Where briefs are to be filed in a specified time, and no briefs are filed, unless the transcript contains assignments of error the judgment will be affirmed. Hickenbotham vs. Monroe, 28 Cal., p. 489; Hohn vs. Roach et al., 25 Cal., p. 37; Edmondson vs. Alameda Co., 24 Cal., p. 349. When no points and authorities are furnished by the appellant, the judgment will be affirmed without examination.-Hutton vs. Reed et als., 25 Cal., p. 483. RULE 3. If the transcript of the record be not filed within the time prescribed, the appeal may be dismissed on motion, with or without notice, during the first week of the term at which the motion is made, or at any time afterwards during a term, upon notice given. If the transcript, though not filed within the time prescribed by the preceding rule, be already actually on file at the time the motion is made or notice given, that fact shall be a sufficient answer to the motion. If a cause be dismissed during the first week of a term without notice, the dismissal shall be final, unless, upon good cause shown, and upon notice to the party obtaining the order of dismissal, it be restored during the same term. NOTE.-Under previous rules of the Court on the same subject, consult Stack vs. Barnes, 2 Cal., p. 16; Haight vs. Gay, 8 Cal., p. 297; Hager vs. Mead, 25 Cal., p. 599. RULE 4. On a motion to dismiss an appeal made during the first week of a term, and without notice, ap to dismiss notice, certificate must show what. there shall be presented the certificate of the Clerk On motion below, under the seal of the Court, certifying the without amount or character of the judgment or order pealed from, 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 filing the undertaking on appeal, and that the same is in due form; the fact and time of the settlement of the statement on appeal, 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. On motion to dismiss an What must be shown motion appeal upon notice given, the default or failure upon with notice. which the motion is grounded shall be made to appear by the moving papers, copies of which shall be served with the notice, and which may consist of affidavits or other satisfactory proof, or the certificate of the Clerk below, as to any or all the several matters first above mentioned. If an appeal shall have been taken and perfected in the form required by statute, and after the time limited by law for the taking of such appeal had already expired, the opposite party may, under the provisions of this rule, move to dismiss such appeal on that ground, whether the time for filing the transcript has expired or not. NOTE.-See Bolander vs. Gentry, decided at April Term, 1868, not reported. The certificate must show that the statement had been settled. It is not sufficient that it was filed.-Thompson vs. Thornton, January Term, 1872. The certificate is defective because it does not state whether a statement on appeal was filed; also because it does not state the amount or character of the judgment. The recitals in a copy of the undertaking on appeal does not supply the omission in the Clerk's certificate. The requirements of this rule must be set |