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OREGON.

Rule 1. The second day of 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 law.

Rule 3. Each applicant for admission to practice must produce the certificate of some attorney in 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 affidavit.

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 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 prac ticed law at least one year.

Rule 5. Every transcript on appeal to this court shall be on legal cap paper, not exceeding 12% by 8 inches in size, 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 inust 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 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. He shall also be entitled to a fee of two dollars for so separating such papers, 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. The clerk, in taxing and allowing claims for disbursements for making transcripts, shall in all cases compute the number of folios in the judgment roll, and disallow all charges or claims for copies of papers that do not constitute a part of such roll, as defined by section 269 of the Code of Civil Procedure.

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 triable at Salem from each judicial district shall be docketed together, and the cases shall be placed on the docket in the following order, unless otherwise ordered: (1) Cases from the fourth district; (2) cases from the first district; (3) cases from the second district; (4) cases from the third district; (5) cases from the fifth district. All cases triable at Pendleton shall be placed on the docket and heard in the order directed by the court. Cases transferred from Salem to Pendleton, or vice versa, shall be placed on the docket, and heard at such time as the court may direct. The court may, in its discretion, direct any particular cause or causes to be advanced on the docket or heard at such special time as it may by order fix for that purpose.

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 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 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 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 briefs 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.

Rule 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, 344, 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 case 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 be omitted, except such as are required to authenticate the transcript. It is expected that the attorneys for the appellant in all cases will see that 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.

WASHINGTON.

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 docket; (5) execution docket: (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 except to a party or his attorney who shall

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 has 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:

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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 office 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 divided 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, Garfield, 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. Number Ten. The county of King. Number Eleven. The counties of Jefferson, Island, Kitsap, San Juan, and Clallam.

Number Twelve. The counties of Whatcom, Skagit, and Snohomish.

Rule 8. Cases from 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 each 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 order appealed from confirmed: provided, that when the failure to prepare transcript, or file or serve briefs, 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 shall 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 fixed 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 grievances shall be required, and the parties shall be heard as to all points, questions, and propositions stated or discussed in their briefs, but they shall not be entitled to be heard upon any point, question, or proposition 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 assigned for hearing, by any party, without leave, by filing a properly certified transcript of such paper or part of the record.

Rule 12. MOTIONS. All motions in the supreme court must be in writing, and filed with the clerk, and served upon the adverse party or his attorney, unless scrvice thereof be waived. All motions for rule on the clerk to perfect transcripts, for leave to amend notices of appeal or writ of error, the proof of service thereof, or certificate of the clerk or judge, to the transcript, must be filed on or before the day when, according to rule eight, the business for the particular division is reached for disposition, and not afterwards, unless by leave of the court the time be extended.

Rule 13. BRIEFS TO BE FURNISHED. In all cases to be argued, each party must furnish to the court and opposite party printed briefs, printed throughout, except headings, in small pica type. Said briefs shall contain-First, a statement of the rase so far as deemed material by the party, with reference to the pages of the record for verification; second, the pleadings in the action on which the trial was had; third, points of law and authorities. The pleadings need not be inserted except in the brief of the appellant or plaintiff in error. The points must be concisely and separately stated, and in citing authorities the names of volumes and titles of cases must be set out; and, if text-books of which more than one edition has been published are cited, the number of the edition must be specified. One copy of each brief must be served upon the adverse party or his attorney. Fifteen copies shall be deposited with the clerk of the supreme court, one of which shall be filed in the case and the remainder safely kept to be disposed of as this court may direct.

Rule 14. DIMENSIONS OF BRIEFS. Briefs required by the preceding rule must be of the following dimensions, to-wit 8% inches from top to bottom; 61⁄2 inches from edge to edge, inclusive of the margin, which must, be 11⁄2 inches at the top, bottom, and outer edges of each printed page. The title of the cause and indorsements must be on the front cover and the first page in full, but not elsewhere repeated.

Rule 15. TECHNICAL OBJECTIONS то HEARING ON MERITS. Exceptions or objections to transcript, honds, notices of appeal, or writs of error, or the service thereof, or to writs of error or the return thereof, and all technical exceptions or objections to the record tending to prevent the hearing of a cause upon its merits, must be taken and plainly stated in the printed briefs of appellees or defendants in error, or the same will not be regarded; and, when so taken and specified, appellants and plaintiffs in error must present and file such additional or amended record, certificate, affidavit, or other matter, if such there be, as shall be required to remove or answer the exception or objection so taken, within the time allowed, for filing

a reply brief, unless further time be granted by the court, for cause shown.

Rule 16. ARGUMENTS. No more than two counsel on a side will be heard upon the argument of any question, unless the court shall direct otherwise: provided, that each party who has appeared separately and by different counsel in the superior court shall, if he so desire, be heard through his own counsel. The counsel for the appellant or plaintiff in error shall be entitled to open and close the argument upon the merits in all cases. In argument of motions and all preliminary or collateral matters, the counsel for the party having the affirmative of the issue shall open and close. Arguments upon the merits shall be limited to two hours upon a side, and all arguments to one-half hour upon a side, unless an extension of time be obtained from the court before the argument is commenced.

Rule 17 OPINIONS TO BE RECORDED. All opinions of the court shall be recorded by the clerk in a well-bound volume, and the original filed with the papers in the case, and shall not be furnished by the clerk for publication until a copy, in print or typewriting, has been furnished the judge rendering the same and been by him revised.

Rule 18. Every petition for rehearing must be filed within thirty days after the opinion shall have been rendered; and no more than one petition for a rehearing of the same question shall be filed: provided, that the court may, in its discretion, allow any petition to be amended. The filing of a petition for rehearing shall suspend the decision of the court until a ruling thereon.

Rule 19. SPECIAL APPEARANCES. Any party to a cause pending in the supreme court who shall, in person or by attorney, file a brief, or any paper, in the cause, without at the same time, affirmatively, by written notice to the opposite party or the court, make a limited or special appearance in the cause, shall be held to have entered a general appearance in the supreme court, and to have waived all objections to the jurisdictional process.

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Rule 20. EXPENSE OF BRIEFS TO TAXED AS COSTS. The necessary expense of printing briefs of the prevailing party shall be taxed as other costs.

Rule 21. The foregoing rules shall apply to criminal as well as civil cases, except that in criminal cases transcripts shall be filed within the time prescribed by the statutes in force at the time the cause shall be appealed or the writ of error taken. The appellant or plaintiff in error shall serve his brief and file it in this court within the same time. The answering brief shall be served and filed within twen ty days after the expiration of said time, and reply briefs, if any, shall be served and filed within fifteen days after service of the answering brief, and such cases shall not be assigned for hearing without consent until the reply briefs are filed, or until ex. piration of time allowed therefor.

Adopted February 3, 1890. To go into effect March 17, 1890.

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