RULES OF COURT.

SUPREME COURT OF THE TERRITORY OF ARIZONA.

Rule I.
Transcripts.

I. All transcripts of record in civil cases brought to this court on appeal or writ of error shall be printed on white paper, eight. inches by ten inches in size, in a neat and workmanlike manner, with pica type, or in typewriting, leaving a sufficient margin to permit its being bound together in book form; that is to say, fastened together only on the left-hand side, and shall be so fastened. Each tenth line thereof shall be plainly and consecutively numbered as a folio on the left margin of the page.1

II. The trancript shall be chronologically arranged; shall be prefaced with an alphabetical index of its contents, specifying the folio of each separate paper, order, and the testimony of each witness; and shall have

a cover.

III. Bills of exception and statements of facts may be consolidated into one and the same paper; but in all cases the same shall be in narrative form, tersely and succinctly stated. Copies of all papers, vouchers, exhibits, motions, pleadings, and orders shall omit the venue of the court, the title of the cause, and the signature thereto; the object hereof being to discard unnecessary matter. For example, in incorporating a motion for a new trial or other paper, the form that is herein recommended to be followed is as follows: "And thereupon, on

to furnish more than one copy thereof, which shall be annexed to the transcript filed with and certified by the clerk, and reference thereto shall be made in the other copies.

Rule II.
Motions.

I. All motions relating to informalities in the manner of bringing a case to this court shall be filed with the clerk on or before the second day of the term in which the transcript is filed, a copy thereof being served on opposing counsel on or before the same day; otherwise, the ground of the objection shall be considered as waived, if it can be

waived.

II. Motions to dismiss for want of jurisdiction of this court, and for such defects as defeat the jurisdiction in the particular case, that cannot be waived, are recommended to be filed on or before the second day of the term, a copy thereof to be served on the opposite party; but such motion may be made at any time, and shall be entertained by the court, after such notice to opposing counsel as the court may deem proper to be given under the circumstances.

III. Motion made either to sustain or defeat the jurisdiction of the court, dependent on facts not apparent in the record, and of which the court cannot take judicial notice. must be supported by affidavit or other satisfactory evidence, copies of which must be served on the opposing counsel.

IV. Motions will be called for hearing on the third day of the term, and be disposed of in their order.

may direct.

189-, defendant filed his motion for a new trial, as follows;" and then insert the reasons assigned in the motion. All motions and demurrers that are inserted in transcripts of the record shall only contain the V. No oral arguments will be heard on reasons assigned in such motion or demur-motion, except in such cases as the court rer. The body of all pleadings shall be copied in the transcript of the record totidem verbis, but the venue of the court, the title of the cause, and the signature thereto shall be omitted. Whenever any objection is made to evidence or to any question propounded to a witness, in every such case the question and answer of the witness shall be inserted totidem verbis.

VI. The clerk, upon filing a motion, shall docket the same in his docket, to be known as the "Motion Docket," together with the name of the attorney who makes the motion, and the kind of motion made. Any opposition in the way of answer to said motion shall be filed, and shall in like manner

be numbered and noted in the motion dock

IV. If the transcript be printed, there shall et, together with the names of the respective be six copies thereof filed with the clerk. If attorneys making and opposing any such it be in typewriting, there shall be four motion. copies filed with the clerk.

V. Whenever a map or survey forms part of the transcript it shall not be necessary

VII. There shall be no oral argument on motions for rehearing unless such argument is requested by the court.

amended, except by leave of the court.
VIII. No motion for rehearing shall be

2. A specification of the errors relied upon, particularly and separately stated, setting out each error asserted and intended to be urged. When the error alleged is to be the admission or the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected. When

the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, whether it be to the instruction given, or to the instruction refused. When the error alleged is to the finding of a court, the specification shall allege the finding, and a sufficient statement of the evidence that is pertinent thereto as will make clear the reasons for or against

the finding.

3. A brief of the argument, exhibiting a clear statement of the points of law or facts to be discussed, with a reference to the folios of the transcript of the record that are pertinent thereto, and the authorities relied upon in support thereof.

III. The brief of the appellee or defendant in error shall be of a like character with that required of the appellant or plaintiff in error, except that no specification of error shall be required and no statement of the case, unless that presented by the appellant or plaintiff in error is controverted.

IV. Whenever an appellant or plaintiff in error is in default, the appeal or writ of error may, on motion, be dismissed; and, whenever an appellee or defendant in error shall be in default, he will not be heard except on consent of his adversary or by request of the court.

V. Within thirty days next after the ap

VII. If the time given by rule V. of this article in which to make, serve, and file such the term of this court to which the appeal or briefs will not expire before the first day of writ of error is returnable, then, in every such case, either party to such appeal or writ of error may serve the other with written notice that such appeal or writ of error will be urged to a submission at the term to which it is returnable, in which event counsel for appellant or plaintiff in error shall make and serve his brief, as hereinbefore required, within fifteen days next after the service of such written notice; and counsel for appellee or defendant in error shall have a like time thereafter in which to make and serve his answer thereto; and counsel for appellant or plaintiff in error shall have five days next thereafter in which to make and serve his reply. And, in all such cases, six copies of such brief, answer, and reply shall be filed with the clerk of this court, on the day succeeding that on which said reply is due to be served, unless such day shall fall on a holiday, and in that event the same

shall be filed on the day following.

VIII. In case any brief, answer, or reply shall not be served as provided in this article, or shall not be served in the time specified, then the court may on motion strike such brief, answer, or reply from the

the case as though such defaulting party files of the court, and consider and decide had made no appearance in the case, or may, in proper cases, dismiss the appeal or writ of error for want of due prosecution of the same.

IX. In all cases where the briefs hereinbefore provided for shall have been filed, either party will be heard orally for such time as may be fixed by the court, not to

exceed one hour.

Rule IV.
Service.

Attorneys and guardians ad litem

in

is made; and service of all papers, notices, briefs, etc., may be made on such attor neys or guardians ad litem that were such in the court below until such substitution is made, and notice thereof given to opposing

peal or writ of error is perfected, and the the court below will be deemed attorneys and guardians ad litem of the same parties statement of facts and bill of exceptions have been made a part of the record in the in this court until a substitution of record case, the appellant shall serve upon the attorney of the opposite party a copy of his brief, prepared in conformity with rule II. of this article; and, within thirty days next thereafter, counsel for appellee or defendant in error shall serve upon the counsel for appellant or plaintiff in error a copy of his answer thereto; and, within fifteen days next

See amendment to rule III., subd. I., post,

p. viii.

counsel.

Rule V.

Diminution of Record.

For the purpose of correcting any error or defect in the transcript, either party

may suggest the same in writing, and, upon | VI. Assignment of errors shall not be good cause being shown, obtain an order amended in this court.

Rule VII.
Costs.

Costs shall be allowed to the successful party by this court, as follows:

that the proper clerk certify to this court the whole or any part of the record as may be required, or may produce the same duly certified without such order. If the attorney of the adverse party be absent, or the fact of the alleged defect be disputed, the suggestion, except when a certified copy of the omitted record is produced at the time, must be accompanied by an affidavit, show-court from which the transcript comes, and ing the existence of the defect alleged.

Rule VI.

Assignment of Errors.

I. All assignments of errors must distinctly specify each ground of error relied upon, and the particular ruling complained of. If the particular ruling complained of has been embodied in a motion for a new trial

with other rulings, or in any motion, or in a bill of exceptions, or in a statement of facts, or otherwise in the record, it must, nevertheless, be referred to in the assignment of errors, or it will be deemed to be waived.

II. If the assignment of error be that the court overruled a motion for a new trial, and the motion is based upon more than one ground, the same will not be considered as distinct and specific by this court, unless each ground is separately and distinctly stated in the assignment of errors.

III. An objection to the ruling or action of the court below will be deemed waived here, unless it has been assigned as error, in the manner above provided.

IV. If the assignment of error be to the giving of instructions to the jury by the lower court, the appellant must state whether the instruction complained of is erroneous in its statement of the law applicable to the case, or to any particular fact or facts thereof.

V. If the refusal to give an instruction asked for by the appellant in the court below be assigned as error, the assignment must state the applicability of such instruction to the fact or facts of the case.

For transcript of the record, the amount paid therefor to the clerk of the district

the expense of printing or typewriting the copies thereof; the costs of the clerk of this court; and the sum of one dollar per page of the brief of the successful party, not exceeding twenty dollars in any one case.

Rule VIII.
Appearance Fee.

In all civil cases the appellant or plaintiff in error shall deposit with the clerk of this court ten dollars, and the appellee or dethe court will not be compelled to docket fendant in error five dollars. The clerk of any case, nor to file any paper, until such appearance fee is paid. As soon as the amount so deposited shall not equal the costs in this court of the party so depositing the same, then, and in every such case, the clerk of this court may call upon such party to make an additional deposit of a like amount, and, until such additional amount be deposited, the clerk will not be compelled to file any paper, or do any other thing in said case for the party that is so in de

fault.3

Rule IX.
Files.

No paper shall be taken from the office of the clerk of this court except by order of the court. Approved:

A. C. BAKER, C. J. RICHARD E. SLOAN, A. J. JNO. J. HAWKINS, A. J. OWEN T. ROUSE, A. J. Monday, January 29th, 1894.

See amendment to rule VIII., post, p. viii.

AMENDMENTS TO RULES.

(See original rules, ante, p. v.)

SUPREME COURT OF THE TERRITORY OF ARIZONA.

Amend rule III., subdivision I., so as to so deposited shall not equal the costs in this read as follows:

(viii)