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THE

PACIFIC REPORTER,

VOLUME 9,

CONTAINING

ALL THE DECISIONS OF THE SUPREME COURTS

OF

California, Colorado, Kansas, Oregon, Nevada, Arizona,
Idaho, Montana, Washington, Wyoming,

Utah, and New Mexico.

JANUARY 14- MARCH 18, 1886.

KF

135

1832.

ST. PAUL:
WEST PUBLISHING COMPANY.

1886.

COPYRIGHT, 1886,

BY
WEST PUBLISHING COMPANY.

(9 Pac.)

COURT RULES-OREGON.

(Adopted November 4, 1885.)

RULE 1. The second day of the October term shall be set apart as the time when persons desiring admission to practice as attorneys in the courts of this state may appear and present their applications; who, having been examined in open court touching their qualifications for admission, and found duly qualified, may be admitted to practice as attorneys and counselors in the several courts of this state. Application for such admission can only be made in this court.

RULE 2. Applicants for admission as attorneys shall be examined by the justices of the supreme court, or under their direction, and only such shall be admitted as shall appear duly learned in the common law, the law-merchant, the principles of equity jurisprudence, the history and the constitutional law of England prior to the Declaration of Independence, the history and constitutional law of the United States, the statute and constitutional law of this state, and the practical administration of the la

RULE 3. Each applicant for admission to practice must produce the certificate of some attorney of good standing in this court that such applicant, if a graduate of some literary institution, has read law at least two years; or, if not such graduate, at least three years, and has the requisite learning and ability. There shall also be presented the certificate of two attorneys of like standing to the effect that the applicant is a man of good moral character. In case, however, the applicant produce a diploma from any regular law school showing that he has graduated at such school, then the certificate of his having read the time above specified shall be dispensed with. Such applicant shall also file his own affidavit that he is a citizen of the United States, and of this state, and has read the books, a list of which shall be included in his atsidavit.

RULE 4. Attorneys and counselors at law and solicitors in chancery that have been admitted to the bar of the supreme court, or court of last resort of any other state, territory, or district of the United States governed by the common law, or of England, her colonies or dependencies where the common law prevails, and that are otherwise qualified, may be admitted to the bar of this court on motion founded upon proper certificates of admission to such courts, accompanied by a certificate signed by the judge of some court of general jurisdiction in the county or political division in which the applicant last resided prior to his application that he is of good moral character, and standing at the bar, and has practiced law at least one year.

RULE 5. Every transcript on appeal to this court shall be on legal cap paper, and written on one side only; shall be chronologically arranged, and prefaced with an index specifying the page of each separate paper, order, or proceeding. Manuscripts and testimony must be paged by numbering the leaves consecutively to the end on the bottom of the leaf near the left hand corner. Transcripts must have the name of each paper written on the margin thereof, and each page of the testimony must have written on the left hand margin near the bottom the name of the witness. The testimony must be

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preceded by an index, in which shall be noted the first page of the testimony of each witness. No case shall be docketed which fails to conform to the foregoing requirements. In case a motion to expunge a paper or papers from any transcript filed with the clerk of this court be granted, upon the grounds that such paper or papers are not properly a part of such transcript, the clerk of this court shall, thereupon, or at any time when this court shall especially order it, separate such paper or papers from the transcript, ascertain the cost of copying the same at the legal rate of charges therefor, and deduct the amount thereof from the expenses of the transcript charged in any bill of disbursements filed with him for taxation. The clerk shall also be entitled to a fee of two dollars for separating such papers from the transcript, which sum shall be allowed as costs against the party filing the same. When the paper so ordered expunged is so connected that it cannot be expunged without mutilating the remaining part of the transcript, the court may require the party in fault at his own expense to file a new transcript, omitting the objectionable papers.

RULE 6. The transcript shall be filed with the clerk of this court on or before the second day of the term next after perfecting the appeal.

RULE 7. When the appeal is perfected, and the transcript is not filed as required by rule 6, the same shall be deemed abandoned, and the respondent may, on motion, have the judgment or decree of the court below affirmed by filing copies of the notice of appeal and proof of service thereof, the undertaking, and the judgment entry.

RULE 8. The causes from each judicial district shall be docketed together, and the districts shall be placed upon the docket in the following order: (1) Fourth district; (2) First district; (3) Second district; (4) Third district; (5) Fifth district; (6) Sixth district.' Civil cases shall be heard in the order in which they are docketed, unless otherwise ordered; but criminal cases may be heard at any time during the term fixed by the court.

RULE 9. Motions to dismiss appeals, to perfect transcripts, or to affirm the judgment in cases where the appeal has been abandoned, shall be filed at least ten days before the case is called for hearing, and notice thereof be given as prescribed in titles 2 and 3 of chapter 6 of the Civil Code; provided, that in all cases which come on for hearing before the end of the second week of the term, it shall be sufficient to file such notice on the third day of the term, when such motions shall be taken up on the first motion day thereafter. Notice of motions to extend the time for filing transcripts shall be served at least three days before the first day of the term.

RULE 10. The second Monday of the term, and each Monday thereafter, shall be motion day, at which time, unless otherwise specially ordered, all motions which have been duly served shall be disposed of.

RULE 11. All applications for rehearing shall be by petition in writing, setting forth the grounds thereof, presented and filed within ten days after the judgment, order, or decision is announced, and within the term. No argument will be heard thereon.

RULE 12. Unless upon good cause otherwise ordered, the appellant, at least five days before the argument, shall furnish to the respondent a printed copy of his brief, and within three days thereafter the respondent shall furnish to the appellant a like copy of his brief. At least two days before the calling of the cause for argument each party shall furnish to the justices and to the reporter each two copies of his brief, and to the clerk one copy, to be filed with the record of the canse. In suits in equity the briefs shall contain such portions of the evidence as may be deemed material, giving the names of witnesses, and the number of the question and answer. A failure to furnish

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