WRITS OF ERRORS-SUPERSEDEAS. 1. No supersedeas will be granted unless a transcript of the record on which the application is made is complete, and so certified by the clerk of the court below, and the requisite bond be entered into and filed in the office of the clerk of this court according to law, with an assignment of errors written on or appended to the record; and in every application for a supersedeas an abstract of the record, with a brief containing the points and authorities relied on, and pointing specifically to those portions of the record upon which the alleged errors arise, with the record, shall be presented to the court or judge to whom the application is made. Every such application, whether made in open court or to a justice in vacation, must be accompanied by an affidavit of the proposed securities, or some other credible person, justifying the sufficiency of bail, sworn to and properly certified.

2. Whenever a bond is executed by an attorney in fact, the clerk shall require the original power of attorney to be filed in his office, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond | in question, in which case the original, power of attorney shall be presented to the clerk, and a true copy thereof filed, certified by the clerk to be a true copy of the original.

3. When a writ of error shall be made a supersedeas, the clerk shall indorse upon said writ the following words: "This writ of error is made a supersedeas, and is to be obeyed accordingly;" and he shall thereupon file the writ of error, with the transcript of the record, in his office. Said transcript shall be taken and considered as a due return to said writ, and thereupon it shall be the duty of the clerk to issue a certificate, in substance as follows, to-wit:

"Territory of Oklahoma-ss.: "Office of the Clerk of the Supreme Court. "I do hereby certify that a writ of error has issued from this court for the reversal of a judgment obtained by

vs.

error shall file in the office of the clerk of this court a transcript of the record, duly · certified to be full and complete, before a writ of error issues, it shall not be necessary to send such writ to the clerk of the inferior court, but such transcript shall be taken and considered as a due return to said writ.

5. A scire facias to hear errors shall be made returnable on the first day of the term; and, if any such writ shall not be served 10 days before the return-day thereof, the defendant so served shall not be required to appear in obedience thereto until the first day of the term of court next succeeding such return-day. A defendant upon whom process has not been served may enter his appearance, and, upon five days' notice to the plaintiff, may. proceed in the same manner as if duly served with process.

6. If a scire facias to hear errors shall not be served, an alias or pluries may be issued without an order of the court therefor.

RECORDS-HOW PREPARED-TIME FOR

FILING.

Hereafter the clerks of the inferior courts in this territory, in cases of appeal and of error or certiorari, in making up an "authenticated copy of the record of the judgment below," or in sending up a transcript of the record to this court as a return to a writ of error or certiorari, shall certify to this court: First, a copy of the process; second, the pleadings of the parties, respectively; third, the verdict in jury trials; fourth, the judgment of the court below, whether tried by court or jury; fifth, all orders made in the same cause by the court; sixth, the bill of exceptions; seventh, the appeal-bond in cases of appeal. And in no case shall the said clerk insert in such transcript any affidavit, account, or other document or writing, or other matter, which, according to the decisions of this court, has been held to constitute no part of the record of a cause. This rule shall not extend to appeals or error in chancery or criminal causes.

8. The clerk of the court below shall arrange the several parts of the record aforesaid according to their chronological or. der. The clerk of this court shall not tax as costs in this court any matter inserted in such transcript contrary to the rule.

9. The party or his attorney may by præcipe indicate to the clerk and direct what of the files of the cause shall be cop. ied into the record; and in such cases, if the record shall be insufficient, it shall be supplied at his costs, and, if unnecessarily voluminous, he shall pay the costs accrued on account of the copying of such unnecessary matters.

10. No case brought to this court by ap

peal shall be placed on the court docket for hearing unless the record is filed within the time now prescribed by law, or within the further time allowed by the court for filing the record, except in extraordinary cases the court, upon special application, may order a cause to be placed on the hearing docket.

11. No case which may be brought to this court on writ of error shall be placed on the court docket for hearing unless the record shall be filed on or before the first day of the term, or within such further time as may be allowed by the court for filing the same, except in extraordinary cases the court, upon special application, may order a cause to be placed on the hearing docket.

12. The appellant or plaintiff in error shall in all cases assign error at the time of filing his record in this court, and, on failing to do so, the case may be dismissed; but other errors may be assigned after the filing of the record, by leave of the court. The appellee or defendant in error shall have the right to assign crosserrors within two days after the record is filed in this court, and not afterwards without special leave of the court. The assignment of errors and cross-errors must be written upon or attached to the record.

MANDATE.

13. Before an application for a writ of mandate will be heard by this court, the applicant must show that the parties interested in the subject-matter to be reached or affected by the issuance of the writ have been notified in writing of the time and place of the intended application at least 10 days previous thereto, unless the court for special reasons shall otherwise direct.

AGREED CASES.

14. No judgment will be pronounced in any agreed case placed upon the records of this court unless an affidavit shall be filed, setting forth that the matters presented by the record were litigated in good faith about a matter in actual controversy between the parties, and that the opinion of this court is not sought with any other design than to adjudicate and settle the law relative to the matter in actual controversy between the parties to the record.

MOTIONS.

15. Motions may be made immediately after the decisions of the court are announced, but at no other time, unless in case of necessity, or in relation to a cause when called in course.

16. Motions are to be made by the attorneys in the following order: First, by the attorney general; next, by the oldest practitioner at the bar; and so on to the youngest.

17. All special motions shall be in writing, and filed with the clerk, together with the reasons in support thereof, at least one day before they shall be submitted to the court. Objections to motions must also be in writing. Oral arguments will not be heard.

18. When a motion is intended to be based on matters which do not appear by

the record, the facts must be disclosed and supported by affidavit.

SECURITY FOR COSTS.

19. Upon filing an affidavit that any plaintiff in error is not a resident of this territory, and that no bond for costs has been filed, a rule shall be entered against him, of which he shall take notice, to show cause why the writ shall not be dismissed.

20. No cause shall be docketed, nor process issued thereon, except causes wherein the United States or territory is appellant or plaintiff in error, until the plaintiff in error or appellant shall deposit with the clerk $10.00 as security for clerk's fees. ABSTRACTS.

21. Appellants and plaintiffs in error, in all causes in the supreme court, shall prepare a printed abstract of the record in each case, in which they shall set forth the title of the cause, with the date of the filing of all the papers in the court below, and a brief statement of the contents of each pleading, and shall set forth fully the points of the pleadings or evidence, and the points relied upon for the reversal of the judgment or decree. The clerk of the court below shall also number each page of the transcript of the record, and appellants and plaintiffs in error shall refer to the same in the margin of the abstract in such manner that orders, pleadings, and evidence referred to in the abstract may be easily found in the record. They shall file with the clerk of this court, for the use of the appellee or defendants in error and judges of this court, five copies of such abstracts on or before the first day of the term, unless for good cause the time for filing abstracts shall be extended.

22. The defendant's counsel shall be permitted, if he is not satisfied with the abstract or abridgment by the plaintiff's counsel, to furnish each of the justices of this court with such further abstracts as he shall deem necessary to a full understanding of the merits of the case.

23. In case the appellant or plaintiff in error shall neglect to file abstracts in compliance with the rules of this court, the opposite party may file the abstracts and prepare the cause for a hearing ex parte, and have the costs taxed therefor, provided the appellant or plaintiff in error would have been entitled to have the cause heard at the same term, or the court may dismiss the appeal or writ of error.

24. If the abstracts filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal or writ of error may be dismissed.

BRIEFS.

25. The brief of the counsel for appellant or plaintiff in error shall contain a statement of the errors relied upon and the authorities to be used in the argument, and five copies thereof shall be filed with the clerk of this court on or before the first day of the term, unless for good cause shown the time shall be extended. One of the copies may be withdrawn by the counsel for appellee or defendant in error, and the others shall be for the use of the justices of the court.

26. Counsel for appellee or defendant in error shall also file with the clerk five copies of his brief for the use of the justices and the opposing party on or before the day next preceding the day on which the cause is to be heard, unless for good cause shown the time shall be extended.

27. In citing cases from published reports, the names of the partics as they appear in the title of the case, as well as the book and page, shall be given.

28. Counsel who have not complied with the rules in relation to briefs will not be heard.

DOCKETING AND HEARING.

29. Causes in which the United States or the territory is a party, and in which they have a direct interest in the decision, shall be placed at the head of the docket. All other cases shall be docketed and called for argument in the order in which the records shall have been filed with the clerk.

30. The civil docket shall be called numerically, and the causes shall be argued, continued, or otherwise disposed of, as they are called, unless for good cause shown they be placed at the foot of the docket. All unexpired rules will terminate upon the call of the cause for hearing: provided that, if the court shall give time to either party without the consent of the other, the cause shall not lose its precedence on the docket.

31. The call of the docket will commence on the third day of the term, and five cases per day will be subject to call. The abstract and brief of plaintiff in error or appellant must be filed as provided in these rules; and, in the event that either the abstract or brief is not filed within the prescribed time, the judgment or decree of the court below will, on the call of the docket, be affirmed. The defendant in error or appellee, in case he does not argue orally, can file a brief within five days after the time fixed for filing the brief of plaintiff in error or appellant, and the latter can have five days for a reply, at the expiration of which time the cause will stand for decision, and no further arguments will be received.

LICENSING ATTORNEYS

32. Any practicing attorney of the district court will, on motion, be admitted to practice in this court; and any practic. ing attorney of any state or territory, having professional business in this court, may, on motion, he admitted upon taking the oath prescribed by law and upon the presentation of his certificate of admission in another court. All motions for the admission of attorneys must be presented to the court at the morning hour of its session, immediately before the call of the docket for the day. Each attorney, on being admitted, shall pay one dollar and a half to the clerk, who shall furnish such attorney a certificate of admission and a printed copy of the rules.

REMOVING RECORDS.

33. The papers filed in each cause shall be kept in a package, on which shall be indorsed the title and number,—the number on the package always corresponding with the number on the appearance docket, and with the number on the mar

gin of the journal where the orders in such causes are entered. The clerk of the court is answerable for all records and papers belonging to his office and filed therein, and they shall not be taken from his custody unless by special order of the court; but the parties may have copies when desired, by paying the clerk therefor.

ORAL ARGUMENTS.

34. Oral argument will be heard on the calling of a cause upon the regular call of the docket on behalf of the appellant or plaintiff in error if he shall have complied with the rule in regard to filing abstracts and briefs, and on behalf of the appellee or defendant in error if he shall have filed his printed brief on or before the day preceding the calling of the cause. Where a cause shall be argued orally in behalf of either party, printed or written argument in addition to his brief will not be received from such party, unless the same shall have been filed within the time prescribed, in this rule for filing of his printed brief.

35. Oral argument will not be heard on any motion, nor upon the rehearing of a cause, unless specially directed by the court.

36. The time allowed for each oral argument shall be restricted to one hour, unless otherwise specially permitted. REHEARINGS-TIME AND MANNER OF APPLICATION.

37. The manner of applying for a rehearing shall be as follows: Within 30 days after an opinion is filed a party desiring a rehearing shall give actual notice in writing to the opposite party or to his attorney of his intention to make such application, and within 60 days after the filing of an opinion shall place on file in the clerk's office five printed copies of the petition.

38. Application for a rehearing of any cause shall be made by petition to the court, signed by counsel, briefly stating the grounds for a rehearing, and the authorities relied on in support thereof. When a rehearing is granted, notice shall be given to the opposite party of the time when such rehearing will be had. REHEARING-SUPERSEDEAS-STAY OF PRO

CEEDINGS.

39. Any of the justices of this court may, in vacation, issue an order which shall operate as a supersedeas in any case which has been submitted to this court for hearing and judgment, whenever a reargument of the same shall, in their opinion, be advisable.

40. Where an opinion in any case is filed in vacation, and a petition for a rehearing shall be presented to either of the justices of this court, if he shall certify that there is probable ground for granting a rehear ing all further proceedings authorized by the judgment of this court shall be stayed until the next term of the court.

41. Upon the affirmance of judgments executions may issue, at the option of the party, from this court, or, if such party so elect, a writ of procedendo shall be issued to the court below upon the payment by the successful party of the costs made by him in this court.

Adopted April 4, 1891.