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Rule 1. The second day of October term the bottom of the leaf, near the left-hand shall be set apart as the time when per- corner. Transcripts inust have the name sons desiring admission to practice as at. of each paper written on the margin theretorneys in the courts of this state may ap- of, and each page of the testimony must pear and present their applications; who, have written on the left-hand margin, having been examined in open court touch- near the bottom, the name of the witness. ing their qualifications for admissiun, and The testimony must be preceded by an infound duly qualified, may be admitted to dex, in which shall be noted the first page practice as attorneys and counselors in of the testimony of each witness. No case the several courts of this state. Applica- shall be docketed which fails to conform tion for such admission can only be made to the foregoing requirements. In case a in this court.
motion to expunge a paper or papers from Rule 2. Applicants for admission as at- any transcript filed with the clerk of this torneys shall be examined by the justices court be granted, upon the grounds that of the supreme court, or under their direc- such paper or papers are not properly a tion, and only such shall be admitted as part of such transcript, the clerk of this shall appear duly learned in the common court shall thereupon, or at any time law, the law-merchant, the principles of when tbis court shall especially order it, equity jurisprudence, the history and the separate such paper or papers from the constitutional law of England prior to transcript. He shall also be entitled tu a the Declaration of Independence, the his- fee of two dollars for so separating such tory and constitutional law of the United papers, which sum shall be allowed as States, the statute and constitutional law costs against the party filing the same. of this state, and the practical adminis- When the paper so orilered expunged is so tration of the law.
connected that it cannot be expunged Rule 3. Each applicant for admission to without mutilating the remaining part practice must produce the certificate of of the transcript, the court may require sone attorney in good standing in this the party in fault, at his own expense, to file court that such applicant, if a graduate of a new transcript, omitting the objectionsome literary institution, has read law at able papers. The clerk, in taxing and alleast two years; or, if not such graduate, lowing claims for disbursements for makat least three years, and has the requisite ing transcripts, shall in all cases compute learning and ability. There shall also be the number of folios in the judgment roll, presented the certificate of two attorneys and disallow all charges or claims for of like standing, to the effect that the ap- copies of papers that do not constitute a plicant is a man of good moral character part of such roll, as defined by section 269 In case, however, the applicant produce a of the Code of Civil Procedure. diploma from any regular law school, Ryle 6. The transcript shall be filed with showing that he has graduated at such the clerk of this court on or before the secschool, then the certificate of his having ond day of the term next after perfecting read the time above specified shall be dis- the appeal. pensed with. Such applicant shall also Rule 7. When the appeal is perfected, and file his own affidarit that he is a citizen of the transcript is not filed as required by the United States and of this state, and bas rule 6, the same shall be deemed aban. read the books, a list of which shall be in. doned, and the respondent may, on mucluded in his affidavit.
tion, have the judgment or decree of the Rule 4. Attorneys and counselors at law court below atfirmed, by filing copies of and solicitors in chancery that have been the notice of appeal, and proof of service admitted to the bar of the supreme court thereof, the undertaking, and the judg. or court of last resort of any other state, ment entry. territory, or district governed by the com- Rule 8. The causes triable at Salem from mon law, or of England, her colonies each judicial district shall be docketed toor dependencies, where the common law gether, and the cases shall be placed on prevails, and that are otherwise qualified, the docket in the following order, unless may be admitted to the bar of this court otherwise ordered: (1) Cases from the on motion, lounded upon proper certifi- fourth district; (2) cases from the first cates of admission to such courts, accom. district; (3) cases from the second district; panied by a certificate, signed by the judge (4) cases from the third district; (5) cases of some court of general jurisdiction in the from the fifth district. All cases triable at county or political division in which the Pendleton shall be placed on the docket applicant last resided prior to his applica- and heard in the order directed by the tion, that he is of good moral character court. Cases transferred from Salem to and standing at the bar, and has prac. Pendleton, or vice versa, shall be placed on ticed law at least one year.
the docket, and heard at such time as the Rule 5. Every transcript on appeal to court may direct. The court may, in its this court shall be on legal cap paper, not discretion, direct any particular cause or exceeding 12% by 8% inches in size, and causes to be advanced on the docket or written on one side only; shall be chrono- heard at such special time as it may by logically arranged, and prefaced with an order fix for that purpost. index specifying the page oi each separate Rule 9. Motions to dismiss appeals, to paper, order, or proceeding. Manuscripts perfect transcripts, or to aflirm the judgand testimony must be paged by number- ment in cases where the appeal has been ing the leaves consecutively to the end, on abandoned, shall be filed at least ten days
before the case is called for hearing, and notice thereof be given as prescribed in titles II. and III, of chapter VI. 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 there. aiter. 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 wbich 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 bis brief, and within three days thereafter the respondent shall furnish to the appellant a like cops 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 cause.
In suits in equity, the briefs shall contain such portions of the evidence as may be deemed material, giving the names of the witnesses, and the number of the question and answer. A failure to furnish brieis as aforesaid shall be deemed a waiver of the right of the party in fault to argue the cause.
Rule 13. The page of the printed brief must be eight and one half-inches in length, five and one-half inches in width, and the outer blank margin of each page to be one and one-fourth" inches wide; and the points or propositions of law, with the authorities cited to sustain them, must be
separately stated from the argument. The points and authorities must be first distinctly stated, and the arguments set forth supplementary thereto. This rule shall take effect and be in force on the first day of the March term, A. D. 1889.
Ruile 14. The mode of revision of final decisions of the circuit courts, where the course of proceeding is not specifically pointed out by the Civil Code, shall be by appeal, as in cases of appeal from judgments at law; and questions of fact shall not be considered upon such appeal, unless made a record in the form of a bill of exceptions.
Rule 15. No records or papers on file in the office of the clerk shall be taken therefrom except by order of the court or one of the justices: provided that, in cases pending and not yet submitted, the transcript or evidence may be withdrawn temporarily on filing a stipulation to that effect, signed by the attorneys of record in the case, and giving a receipt therefor.
Rule 16. The judgment roll which is to be brought into this court on appeal must be prepared in the manner directed by section 272, pp. 343, 314, Annotated Laws, and the papers constituting such roll must be annexed together in the chronological order of their filing, issuing, and entry, commencing with the complaint, each paper to appear in such judgment roll in the order of time when it was filed or made. Amended pleadings take the place of the originals, and in such casu the originals must be omitted from the transcript. No writing or paper whatever must be sent up with the transcript except the evidence in equity cases, when it has been taken in writing, and is on file in the court below; and all certificates by the clerk must bo omitted, except such as are required to authenticate the transcript. It is expected that the attorneys for the appellant in all cases will see tnat these directions are observed in the preparation of the transcript.
In force February 28, 1889.
For rules adopted November 4, 1885, see 9 Pac. Rep. iii.
Rule 1. The clerk of the supreme court shall keep the following books and records: (1) Journal; (2) record of opinions; (3) appearance docket; (4) motion ducket; (5) execution ducket; (6) fee-book; (7) calendar of cases, one for each judge and one for the bar; (8) general index of cases. In addition to the foregoing, the said clerk shall keep books in which shall be stated proper accounts of all moneys received and disbursed.
Rule 2. PAPERS NOT TO BE TAKEN FROM CLERK'S OFFICE. No paper filed in the supreme court shall be taken from the court room or clerk's office, except by permission of the court or one of the justices, and when so taken a receipt in writing therefor must be left with the clerk. Permission to take papers will not be granted ex. cept to a party or his attorney who sball
have entered a general appearance in the supreme court in the cause in which such paper is filed.
Rule 3. In all cases remanded, the clerk of the supreme court shall issue and transmit to the clerk of the superior court a remittitur; and, in all cases wherein the judgment, order, or decree of the superior court shall be reversed or modified, the remittitur shall be accompanied by a certified copy of the opinion of the supreme court in the case. Said remittitur shall be issued and transmitted at the expiration of thirty days from the rendering of the opinion, in cases where no petition for rehearing bas been filed; and, in cases where such petition has been filed, then within ten days after the denial of said petition.
Rule 4. TRANSCRIPTS, Every transcript shall be plainly written or printed on pa
per of good quality, the size of legal cap, and be free from interlineations and erasures, and be duly paged, and prefixed 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 have at least one blank fly leaf. Every transcript consisting of more than fifty leaves shall be bound by the clerk of the supreme court, and the cost of binding taxed to the cause.
Rule 5. CLERK'S CERTIFICATE. Transcripts must be certified by the clerk of the superior court in substantially the following form: State of WASMINGTON,
• ss. I, clerk of (title of court,) do hereby certify that the foregoing is a full, true, and correct transcript of so much of the record in the aboveentitled cause as I am by statute required on appeal (or writ of error) to transmit to the supreme court.
In testimony whereof, I have hereunto
set my hand and the seal of said supe(SEAL] rior court, this day of 189
By Deputy. Rule 6. Transcripts shall be prepared by clerks of the superior courts within thirty days after the service and filing of the notices of appeal or writs of error, or if the appeal be taken under the act relating to the removal of causes, approved November 23, 1883, after the filing of notice of appeal. The transcript shall remain on file in the oflice of said clerk until the service and filing of all the briefs in the case, and one copy of each brief, with due proof of service, shall be filed with said clerk. The appellant or plaintiff in error shall have twenty days after the expiration of said thirty days in which to serve and file his brief. The appellee or defendant in error shall have twenty days thereafter in which to serve and file his brief, and the appellant or plaintiff in error shall have ten days thereafter in which to serve and file a reply brief. After the time for filing briefs shall have expired, it shall be the duty of the clerk to immediately transmit the record and briefs filed to the clerk of the supreme court. In cases in which a bill of exceptions or statement of facts is settled, the appellant or plaintiff in error shall have thirty days after such settlement in which to serve and file brief, and the remaining briefs shall be served and filed thereafter within the time herein limited.
Rule 7. For the purpose of hearings in the supreme court, the state shall be divid. ed into twelve divisions, to be designated by number, as follows:
Number One. Composed of the counties of Spokane and Stevens.
Number Two. The counties of Lincoln, Douglas, Okanogan, and Adams.
Number Three. The counties of Kittitas, Yakima, and Klickitat.
Number Four. The counties of Walla Walla and Franklin.
Number Five. The counties of Columbia, Garlield, and Asotin.
Number Six. The county of Whitman.
Number Seven. The counties of Clark, Skamania, Pacific, Cowlitz, and Wahkia. kum.
Number Eight. The counties of Thurston, Chehalis, Mason, and Lewis.
Number Nine. The county of Pierce.
Vumber Eleven. The counties of Jefferson, Island, Kitsap, San Juan, and Clallam.
Number Twelve. The counties of What. com, Skagit, and Snohuniish.
Rule 8. Cases froin the several divisions shall be heard at the sessions of court commencing on the second Mondays of January, May, and October of each year, in the order of divisions, commencing with division number one. Cases from each division shall be assigned for argument on particular days, and assignments shall be made at least one week in advance of hearings. All cases from divisions for which assignments are being made in which transcripts have been on file more than one week before the time of making the assignments shall be thus assigned during eaclı session. The court will disregard divisions and advance causes for argument when the public interests shall require.
Rule 9. If the appellant or plaintiff in error shall fail to cause a transcript to be prepared and to serve and file a brief as provided in rule six, the appellee or defendant in error may file a certified copy of the order or judgment appealed from, and of the notice served or the entries of record of appeal taken, and on motion have the appeal or writ of error dismissed, or the judgment or oriler appealed froin confirmed: provided, that when the failure to prepare transcript, or file or serve brieis, is owing to the failure or omission of the clerk, or other circumstances over which appellant or plaintiff in error had no control, the court sball not dismiss the cause or affirm the judgment as herein provided, but shall fix such time for hearing the same as shall insure a fair trial: And provided, further, that the appellant or plaintiff in error, or his attorney, shall have ten days' notice of any motion to dismiss or affirm under this rule. In cases appealed to this court since the last term of the supreme court of Washington territory, and in which no transcripts or briefs have been filed, parties shall have the time fised by rule six in which to cause transcripts to be prepared, and in which to serve and file briefs.
Rule 10. NO ASSIGNMENT OF ERRORS IN APPEAL CASES. In cases appealed under the provisions of the act relating to the removal of causes to the supreme court (approved November 23, 1883) no assignment of errors or specifications of griev. ances shall be required, and the parties shall be heard as to all points, questions, and propositions stated or discussed in their briers, but they shall not be entitled to be heard upon any point, question, or pr:position not disclosed in their briefs : provided, that the objections that the court has no jurisdiction of the cause, and that the complaint does not state facts sufficient to constitute a cause of action, may be made at any stage of the proceedings.
Rule 11. OMISSIONS. If any paper or part of the record has been omitted from the transcript in any case, such omission may
be supplied at any time before the cause is a reply brief, unless further time be grantassigned for hearing, by any party, with- ed by the court, for cause shown. , by filing a properly
Rule 16. ARGUMESTS. No more than transcript of such paper or part of the rec. LR
two counsel on a side will be heard upon ord.
the argument of any question, unless the Rule 12. MOTIONS. All motions in the court shall direct otherwise: provided, supreme court must be in writing, and that each party who has appeared sepafiled with the clerk, and served upon the rately and by different counsel in the supe. adverse party or his attorney, unless scro- rior court shall, if he so desire, be heard ice thereof be waived. All motions for rule through his own counsel. The counsel for on the clerk to perfect transcripts, for the appellant or plaintiff in error shall be leave to amend notices of appeal or writ entitled to open and close the argument of error, the proof of service thereof, or upon the merits in all cases. In argument certificate of the clerk or judge, to the of motions and all preliminary or collatertranscript, must be filed on or before the al matters, the counsel for the party havday when, according to rule eight, the ing the affirmative of the issue shall open business for the particular division is and close. Arguments upon the merits reached for disposition, and not after- shall be limited to two hours upon a side, wards, unless by leave of the court the and all arguments to one-half hour upon time be extended.
a side, unless an extension of time be ob. Rule 13. BRIEFS TO BE FURNISHED. In tained from the court before the argument all cases to be argued, each party must is commenced. furnish to the court and opposite party Rule 17 OPINIONS TO BE RECORDED. All printed briefs, printed throughout, except opinions of the court shall be recorded by headings, in sinall pica type. Said briefs the clerk in a well-bound volume, and the shall contain-First, a statement of the original filed with the papers in the case, rase so far as deemed material by the and shall not be furnished by the clerk for party, with reference to the pages of the publication until a copy, in print or typerecord for verification; second, the plead- writing, has been furnished the judge renings in the action on which the trial was dering the same and been by him revised. had; third, points of law and authorities. Rule 18. Every petition for rehearing The pleadings need not be inserted except must be filed within thirty days after the in the brief of the appellant or plaintiff in opinion shall have been rendered; and no error The points inust be concisely and more than one petition for a rehearing of separately stated, and in citing authori. the same question shall be filed: provided, ties the names of volumes and titles of that the court may, in its discretion, alcases inust be set out; and, if text-books
low any petition to be amended. The fil. of which more than one edition has been ing of a petition for rehearing shall suspublished are cited, the number of the edi. pend the decision of the court until a rultion must be specified. One copy of each ing thereon. brief must be served upon the adverse Rule 19. SPECIAL APPEARANCES. Any party or his attorney. Fifteen copies party to a cause pending in the supreme shall be deposited with the clerk of the su. court who sball, in person or by attorney, preme court, one of which shall be filed in file a brief, or any paper, in the cause, the case and the remainder safely kept to without at the same time, affirmatively, be disposed of as this court may direct. by written notice to the opposite party or
Rule 14. DIMENSIONS OF BRIEFS. Briefs the court, make a limited or special aprequired by the preceding rule must be of pearance in the cause, shall be held to the following dimensions, to-wit 8% have entered a general appearance in the inches from top to bottom; 6% inches from supreme court, and to have waived all ob. edge to edge, inclusive of the margin, jections to the jurisdictional process. which must be 1% inches at the top, bot- Rule 20. EXPENSE OF BRIEFS TO tow, and outer edges of each printed page. TAXED AS Costs. The necessary expense The title of the cause and indorsements of printing briefs of the prevailing party must be on the front cover and the first shall be taxed as other costs. page in full, but not elsewhere repeated. Rule 21. The foregoing rules shall apply Rule 15. TECHNICAL OBJECTIONS
to criminal as well as civil cases, except HEARING ON MERITs. Exceptions or objec- that in criminal cases transcripts shall be tions to transcript, honds, notices of ap- filed within the time prescribed by the peal, or writis of error, or the service there. statutes in force at the time the cause of, or to writs of error or the return there- shall be appealed or the writ of error of, and all technical exceptions or objec- taken. The appellant or plaintiff in error tions to the record tending to prevent the shall serve his brief and file it in this court hearing of a cause upon its merits, must be within the same time. The answering taken and plainly stated in the printed brief shall be served and filed within twen. briefs of appellees or defendants in error, ty days after the expiration of said time, or the same will not be regarded; and, and reply briefs, if any, shall be served and when so taken and specified, appellants filed within fifteen days after service of the and plaintiffs in error must present and answering brief, and such cases shall not file such additional or amended record, cer- be assigned for hearing without consent tificate, affidavit, or other matter, if such until the reply briefs are filed, or until ex. there be, as shall be required to remove or piration of time allowed therefor. answer the exception or objection so Adopted February 3, 1890. To go into taken, within the time allowed, for filing effect March 17, 1890.
Rule 1. SESSIONS OF COURT. Regular affirmative shall then conclude, Counsel public sessions of the court during each upon each side may occupy not exceeding, term shall be held at the capitol, com 90 minutes in the argument, except where mencing at 1 o'clock and 30 minutes P. M., otherwise limited or extended before the and closing at 5 o'clock P.M., unless other argument is commenced. wise specially ordered in stated cases.
Rule 9. MOTIONS. All motions subipit. Rule 2. CLERK. The clerk of the court ted to the court shall be in writing, and sball reside and keep his office at the capi- notice thereof, except in case of petitions tal, and shall not practice as an attorney for rehearing, shall be served on the ador counselor in this or any other court verse party or his attorney of record at while he continues to be such clerk.
least one day before the hearing of such Rule 3. DUTIES OF CLERK. The clerk motion. shall keep a record of all proceedings of Rule 10. DOCKET-FEE. The plaintiff in the court, and shall perform all other du error shall, at the time of filing the record ties pertaining to his office. He shall in this court, deposit with the clerk the promptly announce by letter any decision sum of $10, to apply on costs. rendered to one of the attorneys of each Rule 11. PETITION IN ERROR AND TRANside when such attorneys are notin attend SCRIPT. The petition in error shall dis. apce at the time the decision is made. tinctly set forth each of the errors com
Rule 4. WITHDRAWING RECORDS. No plained of; and with such petition shall original record or paper pertaining to any be filed a transcript of so much of the cause shall be taken from the clerk's office record, proceedings, evidence, rulings, and without an order from the court or one of exceptions in the court below as shall be the justices thereof. Neither party sball necessary to exhibit the errors relied upon. be permitted to so take any record or pa The clerk of the court below ehall arrange per during the time within which the the several parts of the record in chronoother party is permitted to prepare his logical order. brief; and in no case shall any record or Rule 12. REQUISITES OF TRANSCRIPT. paper be kept from the clerk's office for The transcript shall be printed or legibly more than 30 days by either of the par written, and before the same is filed the ties.
pages thereof shall be consecutively numRule 5. TRIAL DOCKET. Ten days before bered, and the lines upon each page shall each term the clerk shall prepare a trial also be separately and consecutively vumdocket for the court, wherein shall be en bered. For non-compliance with this rule tered all causes which have matured prior a cause may be dismissed. thereto, under these rules. All such causes Rule 13. MOTION FOR NEW TRIAL. Nothshall be entered in the trial docket, and being which could have been properly asheard in the following order:
signed as a ground for a new trial in the First. Causes involving priorities of court below will be considered in this right to the use of water.
court, unless it shall appear that the same Second. Criminal causes.
was properly presented to the court beThird. Causes originally begun in tbe low by a motion for a new trial, and that Rupreme court.
such motion was overruled and exception Fourth. All other causes.
was at the time reserved to such ruling; Rule 6. TIME OF HEARING CAUSES. Civil all of which shall be embraced in the bill proceedings on error maturing after the of exceptions. The ruling of the court bemaking of the trial docket shall not low upon each matter presented by a mostand for bearing at that term, except by tion for a new trial shall be sufficiently the consent of the parties thereto. All questioned in this court by an unsignment other causes maturing after the making of that the court below erred in overruling the trial docket may, in the discretion of such motion for a new trial. the court, be ordered upon the trial docket Rule 14. BRIEFS REQUIRED. Except as at any time after the same have matured. otherwise provided in rule 19, briefs shall A cause shall be considered "matured be filed and served in all causes, and all when the briefs of both parties have been briefs shall be printed or type-written. filed and serred, or when the time limited Each brief shall contain a statement of therefor has expired.
the points and authorities relied upon, Kule 7. SUBMISSION UPON BRIEFS. Coun and shall refer specifically to the page sel for either or all of the parties, when and portion of the record where the ques. wishing to submit a cause upon briefs, tion under discussion arises. may a void the inconvenience of personal Rule 15. TIME FOR FILING BRIEFs. Withattendance at court by filing a written di. in 60 days after filing his petition in error rection with the clerk to so submit upon the plaintiff in error shall file with the their behalf.
clerk six copies of his brief, and shall at Rule 8. ORAL ARGUMENT. In oral argu the same time serve upon or mail to the ment counsel for the party holding the opposite party, or his attorney of record. affirmative shall be entitled to the open one other copy of such brief; and within 45 ing and closing, and in the opening he days thereafter the defendant in error shall present all points and uuthorities shall file with the clerk of the court six upon which he relies. Counsel opposed copies of his brief, and shall, at the same shall then be heard, and shall present all time, serve upon or mail to the opposite points and authorities upon which he re party, or his attorney of record, one other lies, and counsel for the party holding the I copy of such brief.