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COURT RULES.

SUPREME COURT OF CALIFORNIA.

Rule I.

REJECTION.
ADMISSION OF ATTORNEYS.

3. No person rejected shall be at liberty

to renew the application earlier than the 1. Applicants for license to practice as at- third regular term next after such rejection. torneys and counselors, will be examined in open court on the first day of each regular

Rule II. term, and on that day only. Until further order the examination will be based upon the

TRANSCRIPT. following books: Blackstone's Commentaries, Kent's Commentaries, Greenleaf's Evi

1. The appellant in a civil action shall, dence (first volume), Story's Equity Juris- within forty days after the appeal is perprudence, Gould's Pleading, Lube's Equity fected and the bill of exceptions and the Pleading, Parsons on Contracts, Pomeroy's statement (if there be any) are settled, serve Introduction to Municipal Law, Code of Civil and file the printed transcript of the record, Procedure, Civil Code, constitutions of the duly certified to be correct by the attorneys United States and of the state of California. of the respective parties, or by the clerk of Persons applying for admission, whether up- the court from which the appeal is taken. on examination or motion, must personally appear in court at the time the application

EVIDENCE OF SERVICE. for admission is made. No applicant will 2. Written evidence of the service, upon be examined unless there shall have been the adverse party, of the transcript shall be filed with the clerk of the court, before the filed therewith. first day of the term at which the application is made, a certificate signed by at least

EXTENSION OF TIME. two attorneys of the court, each of whom shall have been regularly engaged in prac

3. The time above limited may be extice as such attorney for at least four years tended by stipulation, but shall not be exnext theretofore, stating, in substance, that tended by the court more than twenty days; they have, and that each of them has, care- and such extension of time shall be granted fully and diligently examined the applicant only upon good cause shown by affidavit. touching the qualifications of such applicant in point of learning in the law; that it sat

BRIEFS. isfactorily appeared to them, and to each of

4. Thirty days after the filing of the tranthem, upon such examination, that the ap- script, and, in cases where the transcript plicant had been engaged in the study of shall be on file at the date when this rule the law for a period of time to be named in takes effect, then within thirty days after the certificate, naming the place at which, such date, the appellant shall file with the and the person under whom, if any, such clerk his printed points and authorities, and study had been prosecuted; that the appli- with it proof of the service of one copy cant had, during that time, read certain thereof upon the attorney or attorneys of books of law, which books shall be enumer- each respondent who shall have appeared ated in the certificate; and stating any other separately in the superior court. Within fact tending to show the character of the thirty days after the service of appellant's attainments of the applicant, and also stat points and authorities, the respondent shall ing that, in their opinion, the applicant pos. file and serve his printed points and authorisesses the requisite qualifications in point of ties: and within ten days after service of learning in tbe law, to be entitled to be ad- respondent's points the appellant may file a mitted to practice.

reply.

In criminal cases the appellant shall file FEE.

his points and authorities (with proof of 2. The fee for license must, in all cases, service of a copy thereof on the attorney be deposited with the clerk of the court be general) within ten days after the filing of fore the application is made, to be returned the transcript. The attorney general shall to the applicant in case of rejection.

file and serve his points and authorities with64 P.

(vii)

in ten days after service upon him of the

Rule V.
appellant's points, and within five days
thereafter the appellant may file and serve

DISMISSAL OF APPEAL.
a reply. Such points and authorities may If the transcript of the record or appel-
be either printed or written.

lant's points and authorities be not filed

within the time prescribed, the appeal may
EXTENSION OF TIME ON BRIEFS. be dismissed, on motion, upon notice given.

If the transcript, or the points and authori-
5. The time above limited for filing points ties, though not filed within the time pre-
and authorities shall not be extended ex-scribed, be on file at the time such notice
cept by order of the court upon stipulation is given, that fact shall be sufficient answer
of the parties, or an affidavit showing good to the motion. If the respondent shall not
cause therefor, and in no case for more than file his points and authorities within the
twenty days. No brief shall be filed after time allowed therefor, the cause may be
oral argument.

submitted for decision upon the motion of

the appellant, on notice thereof to the re-
EIGHTEEN COPIES OF TRANSCRIPT spondent.
AND POINTS TO BE FILED.

Rule VI.

6. Besides the original there shall be filed CERTIFICATE OF CLERK ON MOTION
seventeen copies of the transcript, and points

TO DISMISS.
and authorities, which copies shall be dis-

1. On motion to dismiss an appeal for a
tributed by the clerk in the manner pre-failure to file the transcript within the pre-
scribed by law, and one copy to the Law scribed time, there shall be presented the
Library at Los Angeles.

certificate of the clerk below, under the seal

of the court, certifying the amount or char-
TRANSCRIPT IN CRIMINAL CAUSES.

acter of the judgment or order appealed
7. In criminal causes, the printed tran- from, the date of its rendition, the fact and
script of the record shall be prepared and date of the filing of the notice of appeal,
filed within thirty days after the appeal is together with the fact and date of service
taken. (See Rule VII., Part 2.)

thereof on the adverse party, and the char-
acter of the evidence by which said service

appears; the fact and date of filing an un-
DISPOSITION OF PAPERS.

dertaking on appeal, and that the same is
8. Copies of all printed papers, points, in due form; the fact and the time of the
and briefs filed in the supreme court in any settlement of the bill of exceptions and state-
matter appealed thereto, must be deposited ment on appeal, if there be any; and also
with the clerk of the court from which the that the appellant has received a duly-cer-
appeal is taken; and the copies so deposited tified transcript, or that he has not request-
shall, by said clerk, be delivered to the judge ed the clerk to certify to a correct tran-
who presided at the trial of the cause in the script of the record, or, if he has made such
lower court.

a request, that he has not paid the fees

therefor, if the same have been demanded.
Rule III.

AFFIDAVITS.
SUBMISSION OF CAUSES.

2. On motion to dismiss the appeal on any
The parties may at any time stipulate other ground than the failure to file tran-
that a cause be submitted upon printed
points and authorities on file, and the clerk ing papers shall consist of the certificate of

script within the prescribed time, the mov-
shall immediately place such cause upon a
list of cases to be so submitted, and the the clerk of the court below, as to any of

the matters above mentioned, or of affida-
court may, at any time thereafter, order the vits, or both such certificate and affidavits.
submission of the same.

SERVICE OF MOVING PAPERS.
Rule IV.

3. Copies of the moving papers, except the
CALENDAR FOR ORAL ARGUMENT.

transcript, shall be served with notice of the

motion.
Thirty days before the commencement of

DISMISSAL OF APPEAL.
a term the clerk shall, unless otherwise or-
dered by the court, place on the calendar 4. If an appeal be taken and perfected in
for oral argument all cases which have the form required by statute, after the ex-
been continued from the previous terms for piration of the time limited by law for the
such argument, and also, in the order in taking of such appeal, the respondent may,
which the transcripts were filed, all cases under the provisions of this rule, move to
in which points and authorities are on file dismiss such appeal on that ground, whether
and in which there is no stipulation to sub- the time for filing the transcript has ex-
mit on briefs.

pired or not.

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PRINTING OF TRANSCRIPT.

TRANSCRIPT, SERVICE, AND CERTIFI-

CATE.
1. All transcripts of records in civil cases
shall be printed on unruled white writing

Before the printed transcript (in cases in
paper, ten inches long by seven inches wide, which a printed transcript is required) is
with a margin on the outer edge of not less filed, a copy thereof shall be served upon
than two inches wide. The printed pages,

the adverse party, and if there be more than
exclusive of any marginal note or reference, one adverse party appearing by different at-
shall be seven inches long and three and torneys, upon the attorney of each party so
one-half inches wide. The folios, embracing appearing. If a party shall present to the
ten lines each, shall be numbered from the attorney of the adverse party a transcript on
commencement to the end, and the number- appeal, in a civil cause, and request his cer-
ing of the folio shall be printed on the left tificate that the same is correct, and said at-
margin of the page. Small pica, solid, is torney, upon such request, shall, for a period
the smallest letter and most compact mode of five days, neglect or refuse to join in such
of composition allowed.

certificate, or, if deemed incorrect, shall neg.
lect or refuse, for the same time, to serve

upon the party making the request a writ-
TRANSCRIPTS IN CRIMINAL CASES

ten statement of the particulars in which the
PRINTED.

transcript is incorrect, or, upon the presen-
2. Transcripts in criminal cases are to be ticulars thus specified, shall still neglect or

tation of the transcript corrected in the par-
printed in accordance with the provisions refuse for a period of two days to join in
of section 1246 of the Penal Code, as amend- such certificate, the costs of procuring the
ed March 19, 1889.

certificate to such transcript from the clerk

of the proper court shall be taxed against
Rule VIII.

the party whose attorney so neglects or re-

fuses.
INDEX AND ARRANGEMENT OF TRAN-

Rule XII.
SCRIPT.

CLERK MAY PRINT TRANSCRIPTS AND
The pleadings, proceedings, and statement

CERTIFY TO SAME.
shall be chronologically arranged in the
transcript, and each transcript shall be pref- authenticated in the mode prescribed by

1. The written transcript in civil causes,
aced with an alphabetical index, specifying Rule XI., together with sufficient funds to
the folio of each separate paper, order, or
proceeding, and of the testimony of each be transmitted to the clerk of this court.

pay the expenses of printing the same, may
witness; and the transcript shall have at The clerk, upon the receipt thereof, shall
least one blank fly-sheet cover. The chron-

file the same and cause the transcript to be
ological arrangement of the several parts of printed and to a printed copy shall annex
the transcript, and a strict compliance with his certificate that the said printed tran-
the other requirements of this rule, will be script is a full and correct copy of the tran.
exacted of the appellant or party filing the script furnished to him by the party; and
record here in all cases, by the court, wheth- said certificate shall be prima facie evidence
er objection by the opposite party be made that the same is correct. The said printed
or not; and for any failure or neglect in
these respects, which is found to obstruct stitute the record of the cause in this court,

copy so certified shall also be filed, and con-
the examination of the record, the appeal subject to be corrected by reference to the
may be dismissed.

written transcript on file. Printed copies

thereof shall be furnished as provided in
Rule IX.

Rule II.; and the clerk shall also immedi-

ately transmit, by mail or express, copies
MAPS.

to the attorneys of the adverse parties, and
Whenever a map or survey forms part of note such service on the original.
the transcript, it shall not be necessary to

POINTS WHERE CLERK PRINTS
furnish more than one copy thereof, which

RECORD.
shall be annexed to the transcript filed with
and certified by the clerk, and reference 2. The time for filing points and authori.
thereto shall be made in the other copies. ties, in cases where the record is printed by

the clerk, shall commence to run from the

filing of the printed copy of the transcript.
Rule X.
PENALTY.

Rule XIII.

COST OF PRINTING.
No transcript, or other paper or document,
which fails to conform to the requirements The expense of printing transcripts on ap-
of these rules, shall be filed by the clerk. peal in civil causes and pleadings, atfidavits,

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