COURT RULES.

I. RECORD OF

SUPREME COURT OF MONTANA.*

OATHS.

COMMISSIONS AND on in support of each point. Said brief shall be printed in conformity to the requirements of subdivision 1 of rule X of this court, unless, upon application and for good cause shown, the court order otherwise. A failure to comply with the requirements of this subdivision may result in a dismissal of the proceedings or action, or a refusal to hear the party in default.

1. Commissions and Oaths.-The commissions and oaths of the justices and clerk of this court and the Attorney General, shall be recorded in the records of this court.

2. Minutes of Court.-The minutes of this court shall be approved by the Chief Justice (or in his absence by the senior Associate Justice), and attested by the clerk.

II. ORIGINAL PROCEEDINGS.

1. How Commenced and Conducted.-Proceedings commenced in this court originally to obtain writs of habeas corpus, injunction, review, mandate, quo warranto, and other remedial writs or orders, shall be commenced and conducted in the manner prescribed by the Code of Civil Procedure for the conduct of such proceedings in the district court.

6. Hearing, When Had.-Unless otherwise ordered, the hearing of an original proceeding or action will not be had on the return day. After issue joined, the court will, on its own motion or on motion of either party, advance the cause or appoint a time for the hearing. Otherwise the cause must stand for hearing in its chronological order.

7. Applications, How Made.-Application to this court for writs or orders must be presented by the parties in person, or by counsel, and in open court; under no circumstances will the court entertain such application when made through the medium of the clerk; provided always, that motions to advance, to reinstate, to dismiss, to affirm, to modify, to strike out, to tax or to allow costs, to quash, for rehearings, to correct the transcript, motions based upon suggestions of diminution of the record, motions for substitutions of parties, and motions touching the time of filing or serving briefs, may be presented by filing the same with the clerk, and will be considerCon-ed in regular order.

2. Application, What to Contain.-The application for the issuance of any of the above writs or orders, except habeas corpus, must set forth, in addition to the other requisite matters, the reasons which render it necessary that the writ should issue originally from this court, and the sufficiency or insufficiency of the reasons so set forth will be determined by the court in awarding or refusing the writ or order.

shall

3. Certiorari, Application, What to tain. Application for writs of review set out copies of the judgment or orders sought to be annulled or modified.

4. Applications, Where Filed.-In all proceedings and actions commenced in this court originally, the plaintiff shall file his application with the clerk of this court prior to its presentation to this court.

5. Briefs, Preparation and Filing.-In all proceedings and actions commenced in this court originally each party shall file with the clerk of this court at or before the time set for final hearing, eight copies of the brief of his argument, containing a recital of the facts and exhibiting a clear statement and orderly arrangement of the points of law to be discussed and the authorities relied up

103 P.

Applications, How and Upon What Made.— Application for the certificate of probable cause of appeal provided for in section 9403, Revised Codes, may be made to a justice of this court only after application and refusal thereof by the judge of the court in which the conviction was had, or upon proof of his absence, or inability to act, and upon at least three days' notice to the county attorney. The applicant shall produce at the hearing the proposed record on appeal, or the settled bill of exceptions, or certified copy thereof.

*In force from and after January 4, 1909.
(vii)

5. Correction of Error in Record.-Either party may, in writing, suggest error or defect, wherein the transcript does not conform to the original, and, upon notice to the adverse party, obtain an order of this court requiring the clerk of the trial court having in custody the original record, either to compare and correct the transcript on file in this court, or to certify a supplemental tranVII. ARRANGEMENT OF TRANSCRIPT. script of such parts of the record as may be thus questioned. If such error or defect 1. First Page and Cover.-On the first

stated the title of this court, the title of the hibits, the indorsement thereon of certificates case in the court below (substituting for of acknowledgment and recording may be the words "Plaintiff" or "Defendant," the omitted, and only the material part stated. words "Appellant" or "Respondent," as the c. Same-Indorsements.-All indorsements case may require), the names of counsel for made by officers may be omitted in preparing appellant and respondent, and the words the record, except the date of the filing of "Transcript on Appeal" followed by a state-papers in the trial court, which ought to apment of the district and county from which pear in the record by simply noting "Filed the appeal is taken. The first paper in all transcripts must state the title of the court and case as in the court below; but from all the following papers, orders or proceedings it must be omitted, and the name of the paper, order or proceeding simply given.

2. Arrangement and Index.-The transcript shall be chronologically arranged, and contain an index, showing the page of each pleading, document, exhibit, order and proceeding, and the testimony or affidavit of each witness comprised therein.

Paging. Each transcript must be paged at the top and the lines numbered on the left margin of the page, except that in printed transcripts only every tenth line need be numbered.

3. Testimony to be in Narrative Form, When to be Presented by Question and Answer.-Unless otherwise ordered by the district court, the testimony shall be reduced to narrative form, and if not so reduced may be stricken out: Provided, however, that in equity cases and in matters and proceedings of an equitable nature, wherein questions of facts arising upon the evidence presented in the record are to be submitted for review by this court, the testimony relating to such questions shall be presented by question and

answer.

4. Identification of Matter Referred to in Exceptions or Motions.-Where an exception refers to matters in pleadings, evidence or other proceedings, which the court struck out, or refused to strike out, on motion, such exception must recite the matter in question. 5. Summons, Writs and Formal Parts of Papers Omitted.-In no case shall the summons or other process or writ be inserted in a transcript unless a question arise in respect to the same. Unless some question is predicated upon the formal parts of plead ings, motions, depositions, exhibits or other papers filed in the trial court, and made part of the record on appeal, the same must be omitted in preparing the record, after once stating the venue and title, giving the names of the parties in full, and thereafter the venue and title may be indicated by the words "title of case" and likewise.

giving the date of filing.

d. Repetition of Papers.-No paper shall be printed or written in the transcript more than once. Instead of repetition, appropriate reference may be made.

6. Strict Compliance-Penalty, Dismissal.A strict compliance with the foregoing requirements will be exacted in all cases, whether objection be made by the opposite party or not; and for any violation or neglect in these respects which is found to obstruct the examination of records, the appeal may be dismissed, or the court may order the offending party to pay the costs of such transcript, or any part thereof, unless the matter objected to is inserted by order of the court or judge below.

VIII. ORIGINAL EXHIBITS.

al.-Whenever in the trial of an action or 1. Incorporation of, in Record-Withdrawother proceeding appealed to this court, an exhibit of a printed book or pamphlet or other printed or engraved matter, or a model, drawing, map, trade-mark, plans or illustrations, or other matter formed, drawn, printed or engraved, is introduced or offered in evidence and it is desired by either party to use the same original exhibit as part of a statement on motion for a new trial, or in a bill of exceptions, such exhibit, authenticated by a certificate of the judge of the trial court thereon or attached thereto, may be brought to this court in its original form as introduced in evidence, either bound in the transcript of the record on appeal, if convenient to do so, or as an exhibit accompanying such record to this court. Any such exhibit bound in the record filed in this court shall not be withdrawn; but any such exhibit not bound in the record may be withdrawn after determination of the case by order of the court or any justice thereof.

2. Copies When Production of Original may be Ordered.-Whenever the record contains a transcript of any document, writing, map, drawing, engraving, or printed matter, which was introduced in evidence, in a case brought to this court on appeal, and it is deemed expedient to have the same here for examination in the original form, an order will be made requiring the officer or party having the same in custody to place such original exhibit in the custody of the clerk b. Same-Deeds, Mortgages, etc.-So with of this court. Any such exhibit may be deeds, mortgages, contracts and other ex-withdrawn by the party entitled to the cus

a. Formal Parts of Depositions.-Notices, interrogatories, certificates of officers taking the same, signatures of witnesses, etc., may be omitted, the substance of the testimony contained in the depositions being reduced to narrative form.

tody thereof, after determination of the appeal, by application to the clerk of this court.

is to the charge of the court, the specification shall set out the part referred to in totidem verbis, whether it be instructions given or in

IX. SERVICE AND FILING OF TRAN- structions refused.
SCRIPTS.

1. Civil Appeals. In all civil cases, the transcript shall be filed, and a copy thereof served upon the adverse party or his attorney within five days after filing of the same, and if there be more than one adverse party appearing by different attorneys, on each party or the attorney of each party so appearing.

2. Printed Record-Authentication.-In cases wherein transcripts are required to be printed, a duly authenticated printed copy thereof shall constitute the record of the case in this court.

3. Same-Copies for Justices.-When transcripts are printed, a copy shall be lodged with the clerk for each of the justices.

4. Criminal Appeals.-In criminal cases no copies of the transcript need be served.

X. BRIEFS.

1. Kind of Paper-Size.-Briefs shall be printed upon paper of the same character, with type of the same size, and the pages shall be of the same dimensions, as provided by these rules with respect to transcripts, which are required to be printed.

2. Time of Filing and Service-Number of Copies. The counsel for appellant shall file with the clerk of this court eight copies, and serve on opposing counsel one copy of the printed brief within forty-five days after the transcript is filed in this court, except in cases advanced on the calendar, in which cases briefs shall be filed and served within such time as may be ordered by the court in the order of advancement.

3. Contents of Appellant's Brief. The appellant's brief shall contain, in the order here

stated:

a. Statement of Case.-A concise abstract or statement of the case, presenting succinctly the questions involved, and the manner in which they are raised. The abstract shall refer to the page numbers in the transcript in such a manner that pleadings, evidence, orders and the judgment may be easily found: Provided, that in cases in which the transcripts are not printed, the briefs shall contain so much of the record as is necessary to make out the appellant's case, with reference to the transcript by page and marginal

numbers.

b. Specification of Errors.-A specification of errors relied upon, which shall be numbered and shall set out separately and particularly each error intended to be urged. When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence

c. Argument, References to Pages of Record. A brief of the argument, exhibiting a clear statement of the points of law to be discussed, with a reference to the page of the record, and the authorities relied upon in support of each point.

d. Citations, How Made.-Citation of authorities shall be by title of case, and volume and page of report.

e. Amendments.-After the brief on behalf of the appellant has been filed, no motion for leave to amend the same by inserting therein, or adding thereto, any specification of error, or by incorporating new matter of substance in the statement or abstract of the case, will be entertained. By consent of respondent, in writing, and without leave of court, the brief may be amended in the particulars mentioned or in any other respect, or a new brief may be filed at any time before the cause is submitted. The court will, in proper cases, upon seasonable application and upon such terms as it may prescribe, permit the brief to be amended, or a new brief filed, so as to meet the requirements of subdivision 1 and of paragraphs c and d of this subdivision. Upon its own motion, and in its discretion, the court may, at any time order a brief to be amended or changed in any particular, or a new brief filed.

4. Respondent's Brief, Filing and Service, Copies.-Counsel for respondent shall file with the clerk eight printed copies of his brief and serve one upon counsel for appellant within forty-five days after appellant's brief shall have been served upon him. His brief shall be of like character with that required of appellant, omitting any specification of errors, and a statement of the case, unless that presented by the appellant is

controverted.

5. Failure to File Briefs, Effect.-When, according to this rule, appellant is in default, the case may be dismissed on motion; and when a respondent is in default, he will not be heard except on consent of his adversary or by request of the court.

6. Filing-Extension of Time.-No extension of time for filing briefs shall be allowed, except upon a showing that such extension is

necessary.

7. Service on Attorney General.-Provided, however, that in all cases wherein the Attorney General is required, by virtue of his office, to appear, five copies of the brief of opposing counsel shall be served upon the Attorney General.

XI. ORAL ARGUMENT.

Time Allowed to Each Party.-One hour

company the motion.

and fifty minutes to respondent for argument | ment; but citation of authorities may acand no more, without special leave of court granted before the argument begins.

3. Motions-Preparation-Service- Briefs in Reply.-Motions shall be printed or typewritten, accompanied by citation of authorities relied on, and filed; and copy thereof served the time set for hearing on the merits, or on the adverse party at least ten days before within such time as may be fixed by the court. Thereupon the adverse party may, within ten days after the service thereof, or within such time as may be allowed by the court, file, and serve on the other, his brief in opposition to

the motion. Such motion shall then be con

sidered and disposed of by the court without argument.

FROM CLERK'S OFFICE.

Records of Court-Time Within Which to

3. Advancement of Cases.-Appeals in criminal cases; appeals from orders dissolving, or refusing to dissolve, granting or re- XV. PERMISSION TO TAKE RECORD fusing to grant, writs of injunction; appeals from orders dissolving or refusing to dissolve attachments; appeals from orders appointing or refusing to appoint receivers and from orders refusing to vacate orders appointing receivers; appeals from orders or judgments holding appellant in custody; and all original proceedings, are entitled to precedence, and will, upon motion of either party, be advanced on the calendar.

4. Short Cause Calendar.-There will be placed upon the short cause calendar, cases in which it is made to appear to the satisfaction of the court that the cause depends solely upon the former decisions of this court.

5. Submissions on Briefs.-Cases on appeal may be submitted on briefs at any time by filing stipulation of counsel to that effect, which cases will then be considered and determined when reached in chronological

order.

XIII. PETITIONS FOR REHEARING.

Petitions, Time for Filing, Service of Copy, Consideration Without Argument.-Petitions for rehearing, stating the grounds, points and authorities relied on, may be filed within fifteen days after the decision of the court, and a copy thereof served upon the adverse party, who may present objections thereto within ten days after such service. The petition for rehearing will be considered without argument.

XIV. SUBMISSIONS OF MOTIONS.

1. Motions to be Filed and Copy Served.All motions shall be printed or typewritten, stating the grounds thereof, and filed, and copy served on counsel for adverse party, if any counsel has entered an appearance; otherwise on the clerk of the court for the party or counsel.

2. Motions Determined Without Argument. -Unless otherwise ordered, motions will be

be Returned.-The records and other papers of this court shall not be taken therefrom except by counsel, on permission of the clerk, and when so taken shall not be retained out of the clerk's office more than ten days in any case, and shall be returned within a shorter period upon notice.

XVI. PROCEDURE IN CASE OF DEATH,
DISABILITY OR TRANSFER OF
INTEREST.

Substitution of Parties.-In event of the death, disability or transfer of interest of a party to an appeal pending in this court, such fact shall be suggested in writing, and (unless the cause of action abate) the legal representative of the party deceased or disabled, or successor to the party transferring his interest, shall, on motion, be substituted.

XVII. COSTS OF APPEAL.

To Whom Taxed.-In all cases the costs of appeal shall be taxed against the unsuccessful party, unless otherwise ordered by this court, and the remittitur shall be accompanied by an itemized statement of such costs as are paid to the clerk of this court.

Remittitur-Contents.-In all such cases the clerk of this court shall, unless otherwise directed by the court, include in the order or judgment of affirmance, reversal or modification, and in the remittitur, a clause awarding the costs of appeal to the prevailing party, appellant or respondent, to be recovered of the unsuccessful party after ascertainment or taxation thereof in the court below in the manner prescribed by law.

XVIII. ASSESSMENT OF DAMAGES FOR
APPEAL WITHOUT MERIT.
Frivolous Appeals-Penalty.—If the court

considered and disposed of without argu- is satisfied from the record, and the presenta