RULE 4.-BRIEFS AND ARGUMENTS.

V.

Within thirty days next after the record in the cause has been filed in the Supreme Court, the appellant shall serve upon the attorney of the opposite party a copy of his brief, prepared in conformity with subdivision II of this rule; and within thirty days next thereafter counsel for the appellee, or defendant in error, shall serve upon the counsel for appellant, or plaintiff in error, a copy of his answer thereto; and within fif

RULE 13.-CALENDAR.

The calendar of the court shall be called

on the second Monday of January, March, May and October in each year, at which time all cases then pending before the court in which all the briefs have been served and filed, or the time allowed therefor has expired, will be set for hearing unless submitted to the court, by consent of the parties, without oral argument.

The court may set cases at any time by

ties.

Rule XXVI-TRANSCRIPTS

Section 1. Hereafter in all cases brought into this court by appeal of writ of error, the clerk of the district court, in making up the transcript shall, after setting out in full the title of the case and the names of the parties thereto once, omit the title, heading and the verification of all papers filed in any such case, and in lieu of such verification shall state, where the paper is verified, that it was verified in the usual form on such date by such a person, unless the præcipe for such transcript shall distinctly direct the clerk to the contrary.

Sec. 2. It shall not be necessary in any case in printing the transcript for use by this court, to print the matters which by

section 1 of this rule the clerk of the district court is authorized to omit in making up the transcript even if such matters may have been incorporated in the transcript by the clerk of the district court notwithstanding this rule: Provided, however, that any

139 P.

appellant or plaintiff in error may cause those parts of the transcript so authorized to be omitted to be copied therein if in the

opinion of such party the same is necessary to a proper understanding of any point involved in the case, and provided further, that if any clerk of the district court shall, after the adoption of this rule, insert in such transcript any matter authorized to be omitted by section 1 hereof, such clerk shall not be allowed to charge any compensation for so doing, and if any such matter is embraced in the printed transcript when in the opinion of the court the same was unnecessary to the proper consideration of any point involved in the case, the court may in its discretion direct that the costs of printing such unnecessary matter shall not be taxed against the unsuccessful party.

This rule shall become effective and be in full force from and after the first day of January, A. D. 1914.