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Revised March, 1920

judgment or order or proceeding which it is CLERK-DUTIES OF-NOTICE OF ARGUMENT

sought to review and the errors which the

relator claims. The writ shall be likewise OR NOTE OF ISSUE NOT NECESSARY-SETTING

entitled, shall refer to the order or judgOF CASES AND NOTICE. 1. The clerk shall

ment or proceeding sought to be reviewed, keep a general docket or register, in which he

shall state the errors which are claimed, sha enter the title of all actions and shall issue in the name of the state on the proceedings, including the names of the par- relation of the petitioner, and shall direct a ties and the attorneys or solicitors by whom return of the proceedings to this court. The they prosecute or defend, and he shall en writ and petition shall be served upon the ter thereunder, from time to time, of the court or judge to which it is directed and proper dates, brief notes of all papers filed

The and all proceedings had therein; the issuing court or judge shall make return thereto.

upon the adverse party in interest. of writs and other process and the return In this court the style of the case under rethereof; the court or officer to whom di- view shall be as in the court below. If the rected; the return of any court, officer or plaintiff below is the relator he shall be desother person thereto; the filing of any bond or other security, and the issuing of a cer- and the defendant shall be designated as de

ignated in this court as plaintiff and relator tificate of supersedeas, and of all orders fendant and respondent; and if the defendand judgments in any action or proceeding, ant is the relator he shall be designated in whether of course or on motion; also prop- this court as defendant and relator and the er references to the number of all papers plaintiff shall be designated as plaintiff and and proceedings. 2. He shall also keep a judgment book,

respondent. When the writ is directed to in

a court, or officer or tribunal acting judicially, which he shall enter all judgments; the to review a proceeding in which the advernames of the parties thereto, plaintiff and defendant; the date of the judgment, its num- and defendant, the title of the action or

sary parties are not designated as plaintiff ber, the amount thereof, if the recovery of proceeding below shall be preserved in this money or damages is included therein, and the amount of costs, which record shall be court. In no case when the writ is directed

to a court or other tribunal shall the title properly indexed.

3. He shall keep a court journal, in which appear as State ex rel. the relator against he shall enter, from day to day, brief minutes shall issue in the name of the state upon the

such court, officer or tribunal; but the writ of all proceedings in court.

relation of the relator and shall be directed 4. He shal} file all papers presented to to such court, officer or tribunal and direct him; endorse thereon the style of the action,

a return of the proceedings. its number, the character of the paper and

Records and briefs shall be printed and date of filing; and, after filing, no paper shall be taken from the office unless by order of served, unless the order directing the writ

or a subsequent order otherwise provides, the court or a judge thereof. 5. No notice of argument or note of issue return day of the writ the court will fix the

as now prescribed by rule 8; and upon the is necessary to entitle a cause to be heard.

date of argument. The attendance of counEach appeal will, on the filing of the printed sel on the return day is unnecessary; but a record and appellant's brief, be set for argu- suggestion niay be made by letter or otherment, or submission on briefs, as the case wise as to the desired date of argument. may be, by the court, and the clerk will give

Costs shall be taxed for or against the adprompt notice of the date thereof to the

versary parties but not for or against the respective attorneys.

court or a judge thereof. 6. Certiorari-Title of Cause. The petition for a writ of certiorari, when issued

RULE II. from this court and directed to a lower court or a judge thereof, shall be entitled in the MOTIONS-EIGHT DAYS' NOTICE. Applicacase or proceeding in which the writ is tions or motions for special relief will be sought, shall definitely and briefly state the heard only upon eight days' notice given 177 N.W.


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the adverse party, and when not based upon

the records and files shall be accompanied
with the papers upon which they are founded. the issuance from this court of a writ of


error, the plaintiff in error in such writ shall

give notice in writing to the attorney general Appellant to file essential parts of original and the county attorney of the county in record ten days before argument.

which the action is triable, within ten days 1. Appellant shall designate in writing to after the issuing of such writ, that such writ the clerk of the district court what part of has been sued out. the original record he deems essential to the questions presented on the appeal, and cause return thereof to be made as required by law

RULE VIII. ten days before the day set for the argument PRINTING, SERVICE AND FILING RECORD of the cause in this court.

AND BRIEFS-PENALTY. 1. The appellant, or (Note-When original papers have been pre- party removing a cause to this court shall, maturely sent to the Supreme Court they will within sixty days from the date of service of be returned to district court upon the written the notice of appeal upon opposing counsel, request of either party.)

serve upon the opposite party the printed RULE IV.

record, and his assignments of error and DEFECTIVE RETURN-PROCURING ADDITION

brief, and file with the clerk of this court, ten AL PAPERS. If the returns made by the copies of each thereof; and within thirty clerk of the court below is defective and days from such service upon him, the reall papers, exhibits, orders or records neces- spondent shall serve his brief and 'file with sary to an understanding or decision of the the clerk ten copies thereof. Appellant may case are not transmitted, either party may, reply in typewritten or printed form within on an affidavit specifying the defect or omis- ten days thereafter, and in any event at sion, apply to a justice of this court for an least three days before the day set for the

The reply shall be order requiring the district clerk to make fur argument of the cause. ther return and supply the defect or omis- limited strictly to a concise answer to new sion without delay.

points made by respondent, and whether

typewritten or printed, shall comply with RULE V.

the rules respecting form and size.

The failure of appellant to comply with ENDORSEMENT OF RETURN BY CLERK OF this rule in respect to printing and serving DISTRICT COURT. The clerk of the district the record and his brief, and filing the same court shall endorse upon each return to this with the clerk of this court, within the time court the name and postoffice address of the stated—which time cannot be extended by judge presiding in the lower court and of stipulation-will be deemed an abandonment the attorneys for the respective parties.

of the appeal, and, the order or judgment ap

pealed from will be affirmed or the appeal RULE VI.

dismissed as the court may deem proper. ORIGINAL PAPERS-PROCURING ORDER FOR

If not sooner applied for by respondent unTRANSMISSION TO APPELLATE COURT. When

der rule XI, such dismissal or affirmance will ever it is deemed necessary to the decision of be entered by the ex parte order of the court any cause that any original paper or papers in all pending appeals so in default at the be inspected by this court, which paper or time causes are set for argument. papers were used on the trial below, but for 2. The record and briefs must be printed any reason, whether because copies were sub- and the folios of the record distinctly numstituted for the originals or otherwise, they bered in the margin. The record shall conare not on file, a justice of this court may, sist of the pleadings, the findings or verdict, ex parte, make such order for the transmis- the order or judgment appealed from, the sion, safe keeping and return of such paper reasons of the trial court for the decision, or papers as he deems proper.

if any, the notice of appeal and in cases All exhibits sent to the clerk of this court where the sufficiency of the evidence is not shall have endorsed thereon the title of the involved, such abridgment of the settled case case to which they belong.

as will clearly and fully present the questions All original exhibits, maps and diagrams arising on the appeal. All matters in the resent to the clerk of this court by the clerk turn not necessary to a full presentation of of the court below, will in all cases be return the questions raised by the appeal shall be ed with the remittitur, all models will be so excluded from the printed record, and to that returned when necessary on a new trial, but end the material testimony may be printed where the decision of the court is final and no in narrative form, immaterial parts therenew trial is to be had, such models will be of omitted, and documentary evidence condestroyed by the clerk of this court, unless densed. If the respondent deems the record called for by the parties within thirty days so printed not sufficiently full to present after final decision is rendered.

properly the merits of the appeal, he may

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