« PředchozíPokračovat »
at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate; and stating any other fact tending to show the extent of the attainments of the applicant, and also, that in their opinion the applicant possesses the requisite qualifications in point of law learning to entitle him to be admitted to practice.
RULE 2. The appellant in a civil action shall, Filing within forty days after the appeal is perfected, and the points, and statement on appeal, if there be one, is settled, file the and service printed transcript of the record, duly certified to be correct by the attorneys of the respective parties, or by the Clerk of the Court from which the appeal is taken. Within fifteen days thereafter the appellant shall serve and file his brief, or his points and authorities; and within fifteen days thereafter the respondent shall serve and file his brief, or points and authorities; and the appellant may, within ten days thereafter, serve and file his brief, or points and authorities in reply. Written evidence of the service upon the adverse party of the transcript and brief, and points and authorities, shall be filed therewith. There shall also be filed eight copies of the transcript, and of each of the briefs and points and authorities for the Justices, Reporter, the State Library, and the San Francisco Law Library. The times above limited may be extended by stipulation, but shall not be extended by the Court, or the order of three Justices, more than twenty days; and such extension of time shall be granted only upon good cause, shown by affidavit. No briefs or points shall be filed after the cause is submitted, unless the Court, of its own motion, shall so direct. In criminal actions the written transcript of
b*_Co, C. Pro.
the record shall be prepared as provided by Rule 6, and shall be filed within thirty days after the appeal is taken. The respective parties shall file their briefs or points and authorities as the Court may direct.
When appeal may be dismissed
RULE 3. If the transcript of the record be not filed
within the time prescribed, the appeal may be disfor want of missed on motion, with or without notice, during the
first week of the term at which the motion is made, or at any time afterwards during a term, upon notice given. If the transcript, though not filed within the time prescribed by the preceding rule, be already actually on file at the time the motion is made or notice given, that fact shall be a sufficient answer to the motion. If a cause be dismissed during the first week of a term without notice, the dismissal shall be final, unless, upon good cause shown, and upon notice to the party obtaining the order of dismissal, it be restored during the same term.
On motion to dismiss without notice, certificate inust show what.
RULE 4. On a motion to dismiss an appeal made during the first week of a term, and without notice, there shall be presented the certificate of the Clerk below, under the seal of the Court, certifying the amount or character of the judgment or order appealed from, the date of its rendition, the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears, the fact and date of filing the undertaking on appeal, and that the same is in due form; the fact and time of the settlement of the statement on appeal, if there be one, and also that the appellant has received a duly certified transcript, or that he has not requested the Clerk to certify to a correct transcript of the record, or if he has made such request, that he has not paid the fees therefor, if the same have been demanded. On motion to dismiss an
appeal upon notice given, the default or failure upon What must which the motion is grounded shall be made to appear on matine by the moving papers, copies of which shall be served with the notice, and which may consist of affidavits or other satisfactory proof, or the certificate of the Clerk below, as to any or all the several matters first above mentioned. If an appeal shall have been taken and perfected in the form required by statute, and after the time limited by law for the taking of such appeal had already expired, the opposite party may, under the provisions of this rule, move to dismiss such appeal on that ground, whether the time for filing the transcript has expired or not.
RULE 5. All transcripts of records in civil cases Transcripts shall be printed on unruled white writing paper, ten printod, inches long by seven inches wide, with a margin on the outer edge of not less than two inches wide. The printed page, exclusive of any marginal note or reference, shall be seven inches long and three and one half inches wide. The folios, embracing ten lines each, shall be numbered from the commencement to the end, and the numbering of the folio shall be printed on the left margin of the page. Small pica solid is the smallest letter and most compact mode of composition allowed.
RULE 6. The pleadings, proceedings, and statement Transcript shall be chronologically arranged in the transcript, and arranged, each transcript shall be prefaced with an alphabetical index specifying the folio of each separate paper, order, or proceeding, and of the testimony of each witness; and the transcript shall have at least one blank fly-sheet cover. The chronological arrangement of the several parts This rulo to of the transcript, and a strict compliance with the other enforced. requirements of this rule, will be exacted of the appellant, or party filing the record here, in all cases, by the Court, whether objection by the opposite party be
made or not; and for any failure or neglect in these respects which is found to obstruct the examination of the record, the appeal may be dismissed.
Map or survey, how furnished and
RULE 7. Whenever a map or survey forms part of
the transcript, it shall not be necessary to furnish more referred to, than one copy thereof, which shall be annexed to the
transcript filed with and certified by the Clerk, and reference thereto may be made in the other copies.
Transcript, when not
Copy of transcript, how served.
What is equivalent.
RULE 8. No transcript or other paper or document, to be filed. required to be printed, which fails to conform to the
requirements of these rules, shall be filed by the Clerk.
RULE 9. Before the printed transcript is filed, a copy thereof shall be served upon the adverse party, and if there be more than one adverse party, appearing by different attorneys, on the attorney of each party so appearing. If a party shall present to the attorney of the adverse party a transcript on appeal, and request his certificate that the same is correct, and said attorney, upon such request, shall, for a period of five days, neglect or refuse to join in such certificate, or, if deemed incorrect, shall neglect or refuse, for the same time, to serve upon the party making the request a written statement of the particulars in which the transcript is incorrect; or, upon the presentation of the transcript corrected in the particulars thus specified, shall still neglect or refuse, for a period of two days, to join in such certificate, the costs of procuring the certificate to such transcript of the Clerk of the Court from which the appeal is taken shall be taxed against the party whose attorney so neglects or refuses.
Written transcript, and funds to print, may be transmitted to the Clerk. His duty thereon.
Rule 10. The written transcript, authenticated in the mode prescribed by Rule 9, together with sufficient funds to pay the expenses of printing the same, may be transmitted to the Clerk of this Court. The Clerk, upon the receipt thereof, shall cause the tran
script to be printed, and to a printed copy shall annex his certificate that the said printed transcript is a full and correct copy of the transcript furnished to him by the party; and said certificate shall be prima facie evidence that the same is correct. The said printed copy so certified shall be filed, and constitute the record of the cause in this Court. Printed copies thereof shall be furnished as provided in Rule 2, and the Clerk shall also immediately transmit, by mail or express, copies to the attorneys of the adverse parties, and note such service on the original.
Rule 11. The expense of printing transcripts on Printing, appeal, and pleadings, affidavits, or other papers con- costs, how stituting the record in original proceedings upon which the case is heard in this Court, required by these rules to be printed, shall be allowed as costs, and taxed in bills of costs in the ual mode.
RULE 12. For the purpose of correcting any error Errors and or defect in the transcript, either party may suggest bow 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, or may produce the same, duly certified, without such order. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion may be accompanied by an affidavit showing the existence of the error or defect alleged.
RULE 13. Exceptions or objections to the tran- Exceptions script, statement, the bond, or undertaking on appeal, tions to any the notice of appeal, or to its service, or any technical coedings in exception or objection to the record affecting the right how taken;
, of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken and noted in the