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In all cases brought to this court, by writ of error or appeal, the transcript of the record shall be filed in the clerk's office on or before the first day of the term, or time appointed for taking up the district, to which the case may belong; and no transcript, not filed by that day, shall be received by the clerk unless ordered by the court, upon sufficient affidavit, showing good cause for such failure.

RULE 2.

WHEN DOCKETED AND DISMISSED.

In all cases when an appeal or writ of error is taken, if the plaintiff in error or appellant fail to file a copy of the record as required, the opposite party may have the same dismissed on presenting and filing a copy of the record, or a certificate of the clerk of the court below, under the seal of the court, showing that such writ of error or appeal has been taken.

RULE 3.

RECORDS AND PAPERS MARKED "FILED."

No record or other paper shall be considered as filed until so marked by the clerk-writs of error and citation excepted — and the clerk shall indorse the date of filing.

TRANSCRIPTS

RULE 4.

-TO BE PLAINLY WRITTEN, BOUND AND PAGED.

Every transcript of a record brought to this court, shall be distinctly and plainly written on one side of every leaf and bound together at the top, and each page numbered in figures; and no transcript, not conforming to this rule, shall be filed by the clerk.

RULE 5.

AGREED TRANSCRIPT.

By agreement of parties or their attorneys, made in writing and attested by the clerk of the court in which any cause may be pending or record existing (which agreement shall be filed and made a part of the transcript of such record), such part of the record and proceedings as shall be so agreed, shall constitute the transcript of the record to be brought to this court; and shall be certified as such and be considered a full transcript in this court for the consideration and final adjudication of the cause here.

RULE 6.

SUGGESTION OF DIMINUTION.

If a record be imperfect, diminution may be suggested by either party and certiorari awarded; provided, it be done in the first week of the term, or within four days after the assignment of errors is filed.

RULE 7.

ASSIGNMENT OF ERRORS.

The plaintiff in error, or appellant, shall file a written statement of the grounds, or points of error, intended to be relied on, on a separate sheet of paper, before the call of the docket, on the first day of the term of the proper district, or at least four days before the case shall be called for hearing, or the case shall be dismissed; and no error, not so distinctly assigned, shall be argued by counsel or will be considered by the court.

This rule subject to the modification contained in rule 28.

RULE 8.

ABSTRACTS AND BRIEFS.

Before any cause will be taken upon submission, or heard, the counsel shall furnish the court with a full abstract of all the material matters involved in the consideration of the cause, as they appear in the record, printed, or written in a plain and legible band; and the counsel on each side, shall also, at the time of the submission, file copies of their briefs, printed or written as aforesaid, containing the points and authorities relied on; and no case will be taken on submission, or considered by the court, unless the foregoing requisites be complied with.

RULE 9.

SUBMISSION.

No cause shall be submitted without argument unless by approbation of the court.

RULE 10.

ARGUMENT.

Not more than two counsel on the same side, nor a longer time than four hours will be allowed in argument in any case, unless

by special leave of the court. Where there are two counsel on the same side, they may arrange for the division of time between themselves, which arrangement will be respected by the court.

RULE 11.

RE-ARGUMENT.

Applications for re-argument shall be presented in open court by petition, and noted on the minutes of the court on or before the Saturday succeeding the delivery of the opinion; and no reargument shall be granted upon any point or question not distinctly made and insisted upon at the original hearing or submission of the cause.

RULE 12.

PETITION FOR RE-ARGUMENT.

Petitions for re-argument must be signed by at least three members of the bar, who shall certify that they have carefully read and examined the record and the briefs of counsel, and have read the opinion of the court and the authorities cited, and are satisfied from such examination and investigation that such an opinion is erroneous.

RULE 13.

AN ORDER FOR RE-ARGUMENT

CAUSE AT END OF DOCKET.

When a re-argument is ordered, the cause shall be placed at the end of the docket of its district and heard at the same term.

RULE 14.

PAPERS OUT OF OFFICE.

When a cause is regularly called on the docket for hearing, if the transcript of the record be not in court, the counsel to whom it is charged by the clerk shall pay a fine of twenty-five dollars.

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