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RULES OF THE SUPREME COURT

OF CALIFORNIA.

I. Applicants for license to practice as attorneys and counsellors will be examined in open Court on the first day of each term.

II. In all cases where an appeal is perfected and the statement settled (if there be one) twenty days before the commencement of the next succeeding term, the transcript of the record shall be filed on or before the first day of such term.

III. If the transcript of the record be not filed within the time prescribed, the appeal may be dismissed on motion, during the first week of the term, without notice. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party; and unless so restored, the dismissal shall be final, and a bar to any other appeal in the same cause.

IV. On such motion there shall be presented the certificate of the Clerk below, under the seal of the Court, certifying the amount or character of the judgment, the date of its rendition, the time when the appeal was perfected and statement settled (if there be one); and also, that the appellant has received the transcript, or that he has not directed a transcript of the record to be made out, or if he has given such direction, that he has not tendered the fees therefor.

V. All transcripts of records hereafter sent to this Court, unless printed, shall be on paper of uniform size, according to a sample to be furnished by the Clerk of the Court, with a blank margin one and a half inches wide at the top, bottom, and side, of each page, and all pleadings, proceedings and evidence shall be chronologically arranged.

VI. The pages of the transcript shall be numbered, and shall be written only upon one side.

VII. Each transcript shall be prefaced 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 shall have at least one blank or fly-sheet cover.

VIII. Marginal notes of each separate paper, order or proceeding, and of the testimony of each witness, shall be made throughout the transcript.

IX. The transcript shall be fastened together by ribbon or tape, so that the same may be secured, and every part conveniently read.

X. The transcript shall be written in a fair, legible hand, and each paper or order shall be separately inserted.

XI. No transcript which fails to conform to these rules shall be received or filed by the Clerk, unless the transcript be printed. Parties may file printed transcripts. The printing, in such cases, must be on white foolscap paper, at least twelve inches in length and six inches in width.

XII. For the purpose of correcting any error or defect in the transcript from the Court below, either party may suggest the same in writing, and upon good cause shown, obtain an order that the proper Clerk certify to this Court the whole or part of the record, as may be required. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompanied by an affidavit showing the existence of the error or defect alleged.

XIII. Exceptions to the transcript, statement, the bond or undertaking on appeal, the notice of appeal, or to its service, or proof of service, or any technical objection to the record affecting the right of the appellant to be heard on the points of error assigned, must be taken at the first term after the transcript is filed ; and must be noted in writing and filed at least one day before the argument, or they will not be regarded. In such case the objection must be presented to the Court before the argument on the merits.

XIV. Upon the death or other disability of a party pending an appeal, his representative shall be substituted in the suit by suggestion, in writing, to the Court, on the part of such representative, or of any party on the record. Upon the entry of such suggestion, an order of substitution shall be made, and the cause shall proceed as in other cases.

XV. The calendar of each term shall consist only of those causes in which the transcript shall have been filed five days before the commencement of the term, unless by written consent of the parties; provided, that all cases in which the appeal is perfected and the statement settled, as provided in Rule Second, and the transcript is not filed five days before the first day of the term, may placed on the calendar on motion of the respondent, upon the filing of the transcript.

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XVI. Causes from the same Judicial District shall be placed together, and all the causes shall be set on the calendar in the order of the several Districts, commencing with the first, except that the calendar shall end with the Sacramento causes, preceded by those from San Francisco, and except also that causes in which the people of the State are a party shall be placed at the head of the calendar.

XVII. Before the argument, both the appellant and the respondent shall furnish to each other and to each of the Justices of the Court a copy of his points and authorities; or either party may file one copy thereof with the Clerk, who shall cause the copies to be made for the use of the Court, and may tax the same in his bill of costs.

XVIII. A list of the authorities to be used on the argument of any cause shall, if applied for, be furnished to the counsel of the adverse party one day before the hearing.

XIX. No more than two counsel on a side will be heard upon the argument, except in peculiar and important cases; but each defendant who has appeared separately in the Court below, may be heard through his own counsel. The counsel for the appellant shall be entitled to open and close the argument. Each counsel will be allowed one hour.

XX. All opinions delivered by the Court shall, after the expiration of twenty days from the time they are delivered, be recorded by the Clerk, who shall, after recording the same, deliver the orig. inals, with a transcript of the judgment, order or decree of the Court, to the Reporter.

XXI. The Clerk shall allow the Reporter to take the opinions, the transcripts and briefs in the cases; but not more than five transcripts shall be taken from his office at the same time, and for each transcript taken the Clerk shall require a receipt from the Reporter. The Reporter may retain the transcripts, subject to the order of the Court, or of one of the Justices, so long as it may be necessary to enable him to report the decisions properly.

XXII. All motions for a rehearing shall be upon petition in writing presented within ten days after the judgment is rendered, or order made, except in cases from the First and Second Judicial Districts, in which the petition shall be presented within twenty days after the judgment or order. No argument will be heard upon the petition, nor shall the petition operate as a stay of proceedings without the order of the Court or of one of the Justices.

XXIII. No remittitur to the Court below shall issue until after the expiration of the time allowed by the last rule to file a petition for rehearing, unless upon good cause shown, after notice to the opposite party, or by written consent of the parties, filed with the Clerk.

XXIV. On a rehearing, in cases hereafter arising, in which one of the Justices is disqualified from acting, if the decree, judgment or order of the Court, as to which a rehearing is granted, be not in the opinion of both of the other Justices erroneous, the same shall stand.

XXV. Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted with the remittitur to the Court below.

XXVI. No paper shall be taken from the Court room, or Clerk's office, except by order of the Court or of one of the Justices. No order will be made for leave to withdraw a transcript for examination, except upon written consent of the parties, to be filed with the Clerk.

XXVII. No writ of error or of certiorari shall be issued, except upon order of one of the Justices upon petition, showing a proper

а case for the issuance of the same.

XXVIII. When a writ of error is issued, upon filing the same and a sufficient bond or undertaking with the Clerk of the Court below, and upon giving notice thereof in writing to the opposite party or his attorney, and to the Sheriff, it shall operate as a supersedeas. The bond or undertaking shall be substantially the same as required in cases on appeal.

XXIX. The writ of error shall be returnable within thirty days, unless otherwise specially directed.

XXX. The rules and practice of this Court respecting appeals shall apply so far as the same may be applicable to proceedings upon a writ of error.

XXXI. The writ shall not be allowed after the lapse of one year from the date of the judgment, order or decree, which is sought to be reviewed, except under special circumstances.

XXXII. When causes are placed upon the calendar, parties shall be primarily liable for costs as follows: 1. If by the appel

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