COURT RULES.

SUPREME COURT OF CALIFORNIA.

Rule I.

ADMISSION OF ATTORNEYS.

REJECTION.

3. No person rejected shall be at liberty to renew the application earlier than the third regular term next after such rejection.

Rule II.
TRANSCRIPT.

1. The appellant in a civil action shall, within forty days after the appeal is perfected and the bill of exceptions and the statement (if there be any) are settled, serve and file the 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.

EVIDENCE OF SERVICE.

EXTENSION OF TIME.

1. Applicants for license to practice as attorneys and counselors, will be examined in open court on the first day of each regular term, and on that day only. Until further order the examination will be based upon the following books: Blackstone's Commentaries, Kent's Commentaries, Greenleaf's Evidence (first volume), Story's Equity Jurisprudence, Gould's Pleading, Lube's Equity Pleading, Parsons on Contracts, Pomeroy's Introduction to Municipal Law, Code of Civil Procedure, Civil Code, constitutions of the United States and of the state of California. Persons applying for admission, whether upon examination or motion, must personally appear in court at the time the application 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 two attorneys of the court, each of whom shall have been regularly engaged in practice as such attorney for at least four years next theretofore, stating, in substance, that they have, and that each of them has, carefully and diligently examined the applicant touching the qualifications of such applicant in point of learning in the law; that it satisfactorily appeared to them, and to each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, naming the place 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 character of the attainments of the applicant, and also stating that, in their opinion, the applicant possesses the requisite qualifications in point of learning in the law, to be entitled to be admitted to practice.

FEE.

3. The time above limited may be extended by stipulation, but shall not be extended by the court more than twenty days; and such extension of time shall be granted only upon good cause shown by affidavit.

BRIEFS.

4. Thirty days after the filing of the transcript, and, in cases where the transcript shall be on file at the date when this rule takes effect, then within thirty days after such date, the appellant shall file with the clerk his printed points and authorities, and with it proof of the service of one copy thereof upon the attorney or attorneys of each respondent who shall have appeared separately in the superior court. Within thirty days after the service of appellant's points and authorities, the respondent shall file and serve his printed points and authorities; and within ten days after service of respondent's points the appellant may file a reply.

In criminal cases the appellant shall file his points and authorities (with proof of service of a copy thereof on the attorney general) within ten days after the filing of the transcript. The attorney general shall file and serve his points and authorities with(vii)

2. The fee for license must, in all cases, be deposited with the clerk of the court before the application is made, to be returned to the applicant in case of rejection.

64 P.

in ten days after service upon him of the
appellant's points, and within five days
thereafter the appellant may file and serve
a reply. Such points and authorities may
be either printed or written.

EXTENSION OF TIME ON BRIEFS.

5. The time above limited for filing points
and authorities shall not be extended ex-
cept by order of the court upon stipulation
of the parties, or an affidavit showing good
cause therefor, and in no case for more than
twenty days. No brief shall be filed after
oral argument.

EIGHTEEN COPIES OF TRANSCRIPT
AND POINTS TO BE FILED.

Rule V.

DISMISSAL OF APPEAL.

If the transcript of the record or appel-
lant's points and authorities be not filed
within the time prescribed, the appeal may
be dismissed, on motion, upon notice given.
If the transcript, or the points and authori-
ties, though not filed within the time pre-
scribed, be on file at the time such notice
is given, that fact shall be sufficient answer
to the motion. If the respondent shall not
file his points and authorities within the
time allowed therefor, the cause may be
submitted for decision upon the motion of
the appellant, on notice thereof to the re-
spondent.

Rule VI.

TO DISMISS.

6. Besides the original there shall be filed CERTIFICATE OF CLERK ON MOTION
seventeen copies of the transcript, and points
and authorities, which copies shall be dis-
tributed by the clerk in the manner pre-
scribed by law, and one copy to the Law
Library at Los Angeles.

TRANSCRIPT IN CRIMINAL CAUSES.

7. In criminal causes, the printed tran-
script of the record shall be prepared and
filed within thirty days after the appeal is
taken. (See Rule VII., Part 2.)

DISPOSITION OF PAPERS.

8. Copies of all printed papers, points,
and briefs filed in the supreme court in any
matter appealed thereto, must be deposited
with the clerk of the court from which the
appeal is taken; and the copies so deposited
shall, by said clerk, be delivered to the judge
who presided at the trial of the cause in the
lower court.

Rule III.

SUBMISSION OF CAUSES.

The parties may at any time stipulate
that a cause be submitted upon printed
points and authorities on file, and the clerk
shall immediately place such cause upon a
list of cases to be so submitted, and the
court may, at any time thereafter, order the

submission of the same.

Rule IV.

CALENDAR FOR ORAL ARGUMENT.
Thirty days before the commencement of
a term the clerk shall, unless otherwise or-
dered by the court, place on the calendar
for oral argument all cases which have
been continued from the previous terms for
such argument, and also, in the order in
which the transcripts were filed, all cases
in which points and authorities are on file
and in which there is no stipulation to sub-
mit on briefs.

1. On motion to dismiss an appeal for a
failure to file the transcript within the pre-
scribed time, there shall be presented the
certificate of the clerk below, under the seal
of the court, certifying the amount or char-
acter 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 char-
acter of the evidence by which said service
appears; the fact and date of filing an un-
dertaking on appeal, and that the same is
in due form; the fact and the time of the
settlement of the bill of exceptions and state-
ment on appeal, if there be any; and also
that the appellant has received a duly-cer-
tified transcript, or that he has not request-
ed the clerk to certify to a correct tran-
script of the record, or, if he has made such
a request, that he has not paid the fees
therefor, if the same have been demanded.

AFFIDAVITS.

2. On motion to dismiss the appeal on any
other ground than the failure to file tran-
script within the prescribed time, the mov-
ing papers shall consist of the certificate of
the clerk of the court below, as to any of

the matters above mentioned, or of affida-

vits, or both such certificate and affidavits.

SERVICE OF MOVING PAPERS.

3. Copies of the moving papers, except the
transcript, shall be served with notice of the
motion.

DISMISSAL OF APPEAL.

4. If an appeal be taken and perfected in
the form required by statute, after the ex-
piration of the time limited by law for the
taking of such appeal, the respondent may,
under the provisions of this rule, move to
dismiss such appeal on that ground, whether
the time for filing the transcript has ex-
pired or not.