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5. Parties desiring to be heard in oral argument must notify the Court of that fact, and have their causes set for oral argument at the time of the call of the causes on the docket, if not previously done; otherwise oral argument will be considered as waived.
6. When a cause is reached for decision which has not been argued and in which the plaintiff, or party having the affirmative, has filed no written argument or brief stating the points relied on, the cause will be dismissed, remanded or otherwise disposed of, at the discretion of the Court.
7. The session of the Court on Saturday of each week, will be devoted exclusively to the business of the motion docket.
8. Motions for the allowance of a writ of error, or for leave to file a petition in error, shall not, without special leave of the Court, be orally argued.
9. Each party shall have half an hour for the oral argument of any cause or matter on the motion docket (except those specified in the last preceding clause); which time shall not be exceeded, unless the Court, for special reasons to be assigned before the hearing, shall extend the time.
10. The day before a case is to be heard in oral argument, each member of the Court, and the Reporter, must be furnished with a brief statement of the case, and the points intended to be made by counsel, with a reference to any statutory provisions, or adjudicated cases, which may be relied on.
When a case on the general docket is argued orally, the time allowed for each side shall not exceed two hours, unless for special reasons to be adduced before the argument commences, the Court shall extend the time.
BRIEFS AND TRANSCRIPTS.
Briefs or arguments filed in a cause, must be either printed, or written in a fair legible handwriting, on brief paper, with a marginal reference to the heading or points in the argument. And the transcripts of all records filed in any case, shall also be either printed, or written in a fair, legible handwriting, with a marginal reference to each paper or order composing the record. And any argument or record may be stricken from the files for non-compliance with this rule. And in no case shall the fees of the Clerk be taxed for a transcript of a record not prepared in compliance with this rule.
PRINTING RECORDS, ETC.
Either party to a suit in this Court may cause the record therein, in cluding the pleadings and evidence, when deemed proper, to be printed; and the cost thereof, not exceeding ten copies, shall, if the Court so order, but not otherwise, be taxed in the costs of the suit.
A syllabus of the points decided by the Court in each case, shall be stated in writing by the Judge assigned to deliver the opinion of the Court, which shall be confined to the points of law, arising from the facts of the case, 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.
APPLICATIONS IN ERROR.
When an application for a writ of error, or 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.
NOTICE OF APPLICATION IN ERROR.
Before the allowance of a writ of error, or leave given to file a petition in error by either the Court when in session or a Judge thereof in vacation, 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 five days before the application shall be acted on, unless in view of special circumstances attending the case, the Court or Judge should de termine that justice required the time of such notice to be abbreviated, or such notice to be dispensed with. A copy of such notice, with proof of the service thereof, shall accompany the application.
PAPERS IN RESERVED CASES.
When a cause shall be reserved in a District Court, to be sent to the Supreme Court for decision, an entry of the reservation shall be made on the Journal of the District Court; and the papers, with a certified copy of the entry of reservation, shall be sent to the Clerk of the Supreme Court at Columbus; Provided, however, that copies of any, or all of the original papers may be sent, instead of the original papers, when the District Court, on motion of either party, so direct. The papers may be sent by the counsel of either party, who shall give his receipt to the Clerk of the District Court for the same. Before being delivered to the counsel, the Clerk of the District Court shall seal them up and direct them to the Clerk of the Supreme Court at Columbus. If the cause be reserved more than thirty days before the term of the Supreme Court, the papers shal be filed with the Clerk, at Columbus, on or before the first day of the term; if reserved within thirty days, they shall be so filed, on or before the eighth day of the term; upon default in either case, they shall not be filed without leave of the Court. If they be not filed at the term of the Supreme Court next after the reservation, the cause shall be proceeded with in the District Court as if it had not been reserved. After the decision of a cause in the Supreme Court, the 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 deliver them to the counsel of either of the parties, taking his receipt therefor. The personal application of counsel for papers to be sent to, or returned from, the Supreme Court, shall not be necessary if he send his receipt therefor, with a written order authorizing a disinterested person to receive the same.
TRANSCRIPTS IN CRIMINAL CASES.
That whenever in a criminal case a writ of error or certiorari shall be alowed by the Court or any Judge thereof, in vacation, upon a certified transcript of a record, no further transcript shall be allowed to be taxed in the bill of costs; but the same transcripts shall be returned with the process and certiorari, and shall be sufficient, unless diminution, or other matter, be suggested.
1. Whenever an issue of fact which the law requires to be tried by a jury, shall be joined in proceedings in the nature of quo warranto or in
mandamus in the Supreme Court, the Clerk shall at the instance of either of the parties, make out a venire facias, directed to the Crier of this Court, commanding him to summon from the State at large, sixteen jurors having the qualifications of electors, to appear before the Court at the day named therein, which day shall be determined by the Court before the issuing of the venire. The venire shall be served and returned at least one week before the day named therein for the appearance of the jurors; and the Crier shall attach to, or incorporate in his return, a list of the names of the jurors summoned.
2. Challenges for cause to the array, and peremptory challenges, may be made by either party, as is now provided by law in other cases, and the validity of such challenges shall be determined by the Court. If from challenge or any cause, the panel shall not be full, the Court may order the Crier to fill the same from the bystanders or neighboring citizens, having the qualifications of electors.
3. The jurors summoned as above provided, or such of them as are not set aside, or challenged, together with so many of the bystanders or neighboring citizens, having the qualifications aforesaid, not set aside on challenge, as will make up the number of twelve, or if the whole array be set aside, twelve of such bystanders or neighboring citizens having the qualifications aforesaid, as may not be set aside on challenge, shall constitute a jury for the trial of said issue of fact.
4. Each juror shall be entitled to the same compensation and mileage as are provided by law for jurors in civil cases in the Court of Common Pleas.
FEES OF CLERK (RESCINDED AND SUPPLIED BY RUle XXIII.)
PAYMENT OF FEES (RESCINDED AND SUPPLIED BY RULE XXIII.)
RULES OTHER THAN THOSE PECULIAR TO THE BUSINESS OF THE SUPREME
MAKING UP RECORDS.
Records of cases decided shall be made as follows:
1. In all cases in which the Supreme Court and District Court have original jurisdiction, a full record shall be made up.
2. In cases in error in said Courts, no record shall be made except at the request and costs of the party desiring the same to be done; but the
papers in all such cases shall be carefully preserved, filed and labeled in packages, numbered with corresponding numbers upon the margin of the journal where the final orders respectively are made.
3. In every case reserved for decision (other than those in error), if an order or judgment be rendered therein by the Supreme Court, making a final disposition of the case, a full record shall be made up by the Clerk of the Supreme Court, and no full record thereof shall be made in the District Court.
4. In cases in error in which the appellate Court reverses the judgment of the Court below and orders further proceedings below to be had in the original case, the record afterward made up below shall contain the judgment of reversal, and the further proceedings thereafter had in the Court below; but the files of the appellate Court upon which said order of reversal was had, shall not be recorded in the Court below, except at the request and costs of the party desiring the same to be done.
PRESERVATION OF RECORDS AND FILES.
The Clerk of the Court shall be answerable for all records belonging to his office, and all papers filed in the Court; and they shall not be taken from his custody, unless by special order of Court, or on the written consent of the attorneys of record for all the parties; but the parties may at all times have copies on paying the Clerk therefor.
Writs of mandamus shall be issued in duplicate, and transmitted to the sheriff of the proper county, who shall serve the same, by delivering to the defendant one of said duplicates forthwith after receiving the same, and shall return the other of said duplicates to the Clerk of the Court issuing the same, with his certificate of the time and manner of the service thereof.
A writ of mandamus, unless otherwise specially ordered, shall be served on or before the second Monday next after the date thereof; and the writ shall command the defendant, or defendants, to return and answer the same on or before the third Saturday after said second Monday, at the place of the holding of the Court, to be named in the writ. And in all cases when the application for a writ of mandamus is founded on any written contract, or other written instrument, a copy thereof must be attached to, and filed with the motion. If not so attached and filed, the reason thereof must be shown in the motion. And a copy of such