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Rules of Practice-Rules Peculiar to the Business of the
Supreme Court.

Rule I. SESSIONS IN TERM.

The regular public sessions of the Su

preme Court shall be held in the Supreme Court room, in the capitol, on Tuesday and Thursday of every week during the term of the court, commencing at 9:30 o'clock a. m., standard time, on Tuesdays, and 8:30 o'clock a. m., standard time, on Thursdays, and only on other days of the week by special as

signment, as the convenience of the business may require.

And the sessions of the consultation room shall be between the hours of 8:30 o'clock a. m., and 4:30 o'clock p. m., standard time.

Rule II. ORDER OF BUSINESS. The business of the general docket shall be proceeded in as follows:

Section 1. It is hereby made the duty of the plaintiff, or party holding the affirmative, within five months after the filing of the petition in error, to have filed with the clerk ten printed copies of a brief or argument thereon, containing a statement of the 67 N.E.

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questions presented and a succinct statement of so much of the cause, referring to

the pages of the printed record, as is necessary to show how the questions arise, with marginal reference to the headings and points made, and whenever the constitutionality or construction of a statute is involved, the brief shall contain a copy of such statute; and for want of such printed copies being so filed unless good reason be shown

to the contrary, the cause will be dismissed for want of prosecution, or otherwise disposed of at the discretion of the court.

Sec. 2. It is hereby made the duty of the defendant in error or party holding the negative, if he desires to be heard, to file ten copies of a like brief, printed with like references, within seven months after the filing of the petition in error.

Sec. 3. A copy of the printed record and of the brief of the plaintiff shall be served on defendant in error or his counsel forthwith; and the brief of defendant in error shall be served on opposite counsel forthwith upon the filing of the same.

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Sec. 5. Causes will be taken up for decision in their order on the docket, and not otherwise, except on motion duly filed, and for special reasons, a cause may be taken out of its order and assigned for hearing or decision at a particular time, as authorized by section 440, Rev. St. But proceedings in error to reverse, vacate or modify a conviction of a felony will be advanced by the court without motion, on the allowance of the filing of the petition.

Sec. 6. Any cause may be submitted, however, on behalf of either or both parties whatever may be its place on the docket. When a cause is reached on the docket and neither party appears in person, or by attorney, it shall be marked submitted and shall be disposed of as the court shall deem fit and proper according to the state and condition of the cause.

Sec. 7. Parties desiring to be heard in oral argument, must, in order to have their cases set for oral argument, notify the court of that fact not later than the time for filing of the brief of defendant in error, except that where a motion is made to advance a cause, notice of oral argument must be given at or before the submission of such motion; otherwise oral argument will be considered as waived.

Sec. 8. In all cases where the briefs filed in compliance with section one do not contain all points and authorities intended to be relied upon on oral argument, counsel must, five days before the cause is set for hearing, furnish opposite counsel with a brief statement of any additional points and authorities intended to be presented; and each member of the court and the reporter must be furnished with a copy the day before the oral argument. At the conclusion of the oral argument time will not be given for the filing of briefs thereafter; and all cases assigned for oral argument must be submitted on the day they are assigned for such argument.

Sec. 9. No motion to take a cause out of its regular order and advance it for hearing, will be entertained on the part of the plaintiff, until it is ready to be submitted by him, and when allowed, time will be given the defendant, not exceeding sixty days, in which to prepare and file his brief; nor, on the part of the defendant, until the record has been printed (unless dispensed with); and when allowed, the brief of the plaintiff must be filed sixty days thereafter, and that of the defendant in sixty days after the expiration of the time allowed the plaintiff. If oral argument is desired by either party,

notice must be given at or before the motion to take out of order is made.

Sec. 10. The sessions of the court, in the south room, on Thursday of each week, will be devoted to the business of the motion docket.

Sec. 11. A motion shall not, without special leave of the court, be orally argued beyond fifteen minutes on either side.

Sec. 12. An application for an extension of time in which to file a brief in any cause, must be by motion and on notice to the opposite party; and ten minutes will be allowed each side on the hearing of the motion. But it may be submitted by either side upon a written statement of the reasons for or against the delay.

Rule IIa.

Where, in causes and matters in which the court has original jurisdiction, it is necessary to take testimony, application must be made to the court, and an order directing the method of taking testimony obtained.

Rule III. ORAL ARGUMENT.

When a cause on the general docket is argued orally, the time allowed for each side shall not exceed one hour unless, for special reasons to be adduced before the argument commences, the court shall extend the time. Rule IIIa. RULE OF COURT ON ORAL ARGUMENT.

Where a case is orally argued before a division of the court, and reserved to the whole court for decision, neither party is entitled to further oral argument. (May 7, 1895.)

Rule IV. PRINTED RECORD. No civil cause will be heard or considered, whether marked for oral argument or not, unless the plaintiff, or party holding the affirmative, shall, in compliance with section 6711, Rev. St., have caused to be filed with the clerk, for the use of the court and reporter, ten printed copies of so much of the record, testimony and documents therein, necessary to be considered by the court, in octavo size, pamphlet form, and suitable for binding, with index and marginal references, the cost of which printed copies shall upon the filing of the printer's receipted bill be taxed as costs in the cause; and for want of such printed copies, unless good reason be shown to the contrary, the cause may be dismissed for want of prosecution.

A copy of the printed record shall be furnished to opposite counsel forthwith and proof of such service of records shall be filed with the clerk.

Rule V. PRINTING RECORDS, ETC.

It shall be the duty of the clerk, on the written precipe of either party, his or their attorney to any suit pending in this court, and on such party depositing with the clerk

such sum of money as may be reasonably necessary to defray the expenses, to make up from the files, in proper order to be printed for the purposes of the hearing or trial of a cause, a copy of the pleadings, exhibits, evidence and proceedings therein, preserving the date of the commencement of the action and the date of the filing of each pleading, dispensing with the formal captions, verifications and official certificates, where the same may not be material to the questions to be adjudicated, and to cause to be printed fifteen copies thereof for the use of this court and the counsel in the cause; and the costs thereof, unless otherwise ordered by the court, shall be taxed in the cost bill, and such disposition or application shall be made of the said deposit as to the court shall seem equitable. Where the case is on error, the matter to be printed shall be indicated by the party filing the precipe, in accordance with rule IV.

Rule VI. POINTS DECIDED.

A syllabus of the points decided by the court, in each cause, shall be stated in writing by the judge assigned to prepare the opinion of the court, which shall be confined to the points of law arising from the facts of the cause that have been determined by the court.

And the syllabus shall be submitted to the judges concurring therein, for revisal, before publication thereof; and it shall be inserted in the book of reports without alteration, unless by the consent of the judges concurring therein.

Rule VII. APPLICATION IN ERROR. When an application for leave to file a petition in error has been made in vacation to a judge of the Supreme Court and disallowed, no other application therefor shall be made, except to the court in session.

Rule IX. RETURN OF PAPERS. After the decision of a cause in the Su

preme Court, in which a final record is not required to be made in that court, the original papers shall be returned to the clerk of the proper court. When so returned, the clerk of the Supreme Court shall seal them up and direct them to the clerk of such court, and forward them as said clerk may in writing direct. If not so directed within a reasonable time, they may be sent by express.

Rule X. FILES OF CASES DISPOSED OF.

The papers in cases heretofore or hereafter disposed of (and not returned to the counties or withdrawn by leave of the court), shall be filed away in convenient packages by the clerk, with a label on each package, on which shall be written or printed, "Cases Decided," "General Docket," or "Motion Docket" (as the case may require), and also the term at which the same were disposed of, and the numbers of the cases in each package, which numbers shall correspond with those of the docket of said term.

The papers in cases on the general docket shall be put in separate packages from those on the motion docket, and the papers of one term shall, as far as may be practicable, be kept in different pigeon-holes or places of deposit from those of any other term.

REPORT OF CAUSES DISPOSED OF.All causes disposed of on the general docket without report, except such as are dismissed by the consent of parties, or for failure to file printed record, or for want of preparation, shall be published in the reports of decisions of this court, by giving the style of the case, the character of the suit, the judgment of the court, and the cases cited if any, as authority for the decision, and the attorneys of the parties. (December 13, 1893.)

An application for a rehearing will not be entertained when made at a term subsequent Rule XI. THE MINUTE BOOK AND ITS

to that at which the judgment is rendered, notwithstanding such rehearing is requested by one of the judges.

CONTENTS.

There shall be kept by the clerk a book, to be called the "Minute Book," in which shall be separately entered every cause and

Rule VIII. NOTICE OF APPLICATION IN motion hereafter docketed in this court, ex

ERRORS.

In cases where leave of the court or a judge to file a petition in error is required, notice in writing of the intended application, briefly specifying the errors relied on, shall be given to the adverse party, or his attorney, at least ten days when made to the court, and five days when made to a judge, before the application shall be acted on, unless, in view of special circumstances attending the case, the court or judge should determine that justice required the time of such notice to be abbreviated or such notice to be dispensed with.

A copy of such notice, with the proof of the service thereof, and petition in error, shall accompany the application.

cept motions in pending causes, which latter motions shall be noted in their respective causes, but shall not be separately entered in said book, and also the date of docketing the same, and the payment of fees and by whom paid.

He shall also briefly note therein the issuing and date of all process sued out of this court, the return day thereof, when returned, whether served or not, and the date of service, if made; also, under the proper dates, the filing of all pleadings, depositions, briefs or other papers that may be filed in the cause, in this court; and briefly note all motions in the cause that may be placed on the motion docket; and all orders, and judgments of this court in the cause, with a

reference to the journal and page where the same may be entered, and to the volume and page of the complete record thereof, if there be one.

He shall also note therein by whom and when any papers may be taken from his office, and when returned.

Rule XII. WITHDRAWAL OF BRIEFS. After a cause has been decided and reported, counsel may withdraw manuscript briefs from files.

Rule XIII. WHEN RECORDS ARE TO BE COMPLETED.

In cases decided before the first of May in any term, if complete records therein are to be made in this court, they shall be completed before the first day of the ensuing October.

Rule XIV. ADMISSION TO THE BAR. Section 1. Except as provided in section 560 of the Revised Statutes, concerning persons who have been admitted and practiced in the highest court of another state, or in the Supreme Court of the United States, for a period of five years, no person shall be admitted to the bar except upon an examination and certificate of the standing committee on examinations.

Sec. 2. There shall be appointed, to take effect on the first day of January, 1901, ten discreet and judicious attorneys and counselors at law, to be known as the "Standing Committee on Examinations." Two members of the committee shall be appointed for one year, two for two years, two for three years, two for four years, and two for five years. Their successors shall be appointed for a term of five years each.

Sec. 3. The standing committee shall hold an examination of applicants for admission to the bar in the city of Columbus, on the first Tuesday of each June and December. No other examinations will be held. Examinations must be conducted under the direction of the committee, a majority of whom shall report in writing for or against the admission of each applicant.

legal ethics. No one shall be admitted to the examination whose educational attainments are not equivalent to those indicated by the completion of the course of study in the public high schools of this state. The following will be accepted as evidence of such attainments: (a) A diploma or certificate of graduation from such high school; (b) a diploma from a college or university of approved standing; (c) a certificate of matriculation in the freshman or a higher class in the academic department of such college; (d) a certificate from the state board of school examiners. Applicants not having such evidence of general learning may, on payment of a fee of five dollars, submit to an examination to be held at Columbus on the third Tuesday of each September by a committee to be appointed by the court for that purpose. A certificate from such committee that the applicant's attainments are equivalent to those of such high school course will be sufficient evidence of general learning. This requirement as to general education shall apply to all whose certificates of entrance upon the study of law are filed with the clerk of this court after December 31, 1900. Such evidence of general education must be filed with the clerk of this court at least ten days before the examination for admission. Νο one will be admitted to the examination who has not attained the age of twenty-one years. The printed interrogatories and the answers of applicants thereto shall be submitted to the court with the report of the examiners, and, together with all certificates and papers required under this rule, shall be filed with the clerk and preserved.

Sec. 5. Every resident of this state who commences the study of law on and after January 1, 1898, either under the tuition of an attorney at law, or at a law school whether located in this state or elsewhere, shall file with the clerk of the Supreme Court the certificate of such attorney or of the chief officer of such law school, as the case may be, showing his name, age and residence, and the date when he commenced the study of law, which certificates shall be accompanied by a fee of fifty cents. As to all such persons the three years' study of law required by section 560 of the Revised Statutes, shall date from the filing of such certificate.

Sec. 6. Every resident of this state who shall have commenced the study of law prior to January 1, 1898, shall on or before the first day of March, 1898, file with the clerk a certificate of his preceptor, or of the chief officer of his law school, showing his name, age and residence, and the time when and the place where, and under whom he commenced the study of law, which certificate shall be accompanied by a fee of fifty cents.

Sec. 4. No applicant shall be admitted to the bar unless a majority of the members conducting the examinations shall certify that they find him to have a competent knowledge of the law and to have sufficient general learning to discharge the duties of an attorney and counselor at law, and shall recommend his admission. Such certificate shall not be made unless the applicant has sustained on his written answers to the printed questions of the examiners an average grade of 75 per cent. on an examination embracing the following subjects: The law of real and personal property, torts, contracts, evidence, pleading, partnership, bail- Sec. 7. Every person who shall commence ments, negotiable instruments, agency, sure- the study of law while a nonresident of this tyship, domestic relations, wills, corporations, state, and who has not been regularly adequity, criminal law, constitutional law, and mitted as an attorney at law in some court i

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