COURT RULES SUPREME COURT OF OREGON TRANSCRIPTS IN CIVIL CASES. Rule 1. Transcripts on appeal in civil cases shall consist of a page stating the title of the court, cause, names of the judge and attorneys, and a duly certified copy of the original judgment or decree, the notice of appeal, and the undertaking. If the appeal is from a decree, the transcript shall be accompanied by the original testimony, depositions, and other papers containing the evidence heard or offered on the trial, certified to by the clerk of the court below. [L. O. L. 88 208, 209, 554, 1582, 1621.] A. B., Attorney for Respondent. Judge. C. D., Attorney for Appellant. Be it remembered, That on the day of 191-, the grand jury of the county of presented an indictment against the defendant, charging with the crime of (or if the sufficiency of the indictment is questioned, set it out in full), committed on the - day of 191-, the defendant being arraigned (set forth the motion, demurrer or plea in concise form). day of And the court on the 191- (set forth the ruling of the court on the demurrer, motion or plea). day of 191-, the And on the defendant was tried, and the jury found guilty, whereupon the court, on the 191-, sentenced day to (set forth of the sentence in brief). From which judgment the defendant on this day of 191-, filed a notice of ap117 P.. peal. (ix) as follows: (Here insert bill of exceptions.) 1 Rule 4. In criminal causes the appellant shall set out in full, in his first brief, the errors alleged. be paged by numbering the leaves consecuRule 5. Transcripts and testimony must tively on the bottom of the leaf near the left corner, and the name of the paper or witness must be written thereon on the left margin near the bottom. The testimony must be preceded by an index in which shall be noted the first page of the testimony of each witness. All exhibits must also be indexed, giving the page of the record where offered in evidence. No transcript shall be filed by the clerk unless prepared in compliance with the foregoing rules, except by special order of the court or one of the justices thereof. No transcript or abstract in a civil case will be filed by the clerk until the appellant shall have paid to him the sum of $15.00, nor will any brief or other paper be filed for respondent until he shall have paid to the clerk the sum of $10.00. [L. O. L. § 898.] PRINTING AND SERVICE OF AB STRACTS AND BRIEFS. Rule 6. Within twenty days after the transcript is filed in a civil case, the appellant shall serve upon an attorney for each respondent a printed copy of so much of the record, prepared as hereinafter provided, as may be necessary to a full understanding of the questions presented for decision, and file with the clerk of this court proof of such service, together with sixteen copies of said abstract, and no case shall be docketed for hearing until this and other rules are complied with, except by order of the court. In case of cross-appeals, the party first giving 1 NOTE.-The foregoing form is intended only as a suggestion, and is to be varied, according to the circumstances of each particular case. The actual facts will determine what is to be done; but in all criminal causes, the transcript should be pre pared substantially in accordance with the above form, omitting all unnecessary papers which are not involved in the questions to be presented. notice of appeal shall, under this rule, beties must be first distinctly stated and the considered the appellant. In criminal cases argument set forth supplementary thereto. a printed abstract may be served and filed, or not, as the appellant shall elect. Rule 7. If the respondent shall deem the appellant's abstract imperfect or unfair, he may, within ten days after receiving a copy thereof, deliver to the appellant's counsel one, and to the clerk of this court, with proof of service upon appellant, sixteen printed copies of such further or additional abstract as he shall deem necessary to a full understanding of the questions involved in the appeal. Rule 8. Within twenty days after the service of the abstract as required by rule 6, and within the same period after the transcript is filed in criminal cases, if no abstract is served the appellant shall serve upon the attorney for each of the respondents one copy of his brief, and deliver to the clerk of this court, with proof of service upon respondent, sixteen copies thereof, and within twenty days thereafter the respondent shall serve upon the attorney for the appellant one copy and deliver to the clerk sixteen copies of his brief, with like proof of service, and the appellant shall have ten days thereafter if he so desires in which to serve upon respondent one copy and deliver to the clerk sixteen copies of a reply brief with proof of service. A failure by appellant to comply with this rule within the time required, or such modification thereof as may be made, shall be deemed and considered a cause for affirmance or dismissal of the appeal, and a failure by the respondent as a waiver of the right to be heard. In all cases, whether at law or equity, the appellant must file the first brief, and shall be entitled to open and close the argument. Rule 9. All abstracts and briefs shall be printed upon unruled white paper, either from eleven-point (small pica) or twelvepoint (pica) type, leaded with two-point or three-point leads. The size of the page must be trimmed to six and one-quarter by nine and one-half inches, and the printed page shall be twenty-two by thirty-nine ems, pica, exclusive of folio at head of the page; the outer, top, and bottom blank margins of each page to be one and one-half inches wide. The cover, or if no cover is used, the first page, shall set forth the title of the case, designating the appellant and respondent, the term of this court to which the appeal is brought, the court from which the appeal is taken, the name of the judge who presided, and of counsel for the respective parties, and the party in whose behalf the same is filed, whether appellant or respondent. The cover shall have a space reserved for the clerk's filing-mark. Rule 10. The printed brief shall state the several propositions of law claimed to be involved in the case, and the authorities relied upon for the support of the same separately from the argument. The points and authori When an authority cited is an adjudicated case, the names of the parties, the volume in which reported, and the particular page or pages containing the matter to which counsel desires to call the attention of the court must be set out. In support of any legal principle not more than ten adjudicated cases can be cited, each of which must be printed as a separate paragraph, and a failure to specify the particular page or pages of the volume of which examination is desired will render the brief subject to be stricken from the files. When reference is made to a text-book the number or date of the edition must be stated, with the number of the volume, section, and page. In equity cases the brief shall also contain a general statement of the material facts asserted to have been established, giving the name of the witness and the particular page or pages of the transcript where the testimony tending to prove such fact appears. Rule 11. The printed abstract of the record must be accompanied by a complete index of its contents, and shall be made substantially in the following form: IN THE SUPREME COURT OF THE STATE of OREGON. Term, 191-. John Doe, Appellant (or Respondent), Richard Roe, Respondent (or Appellant). v. lant).} APPELLANT'S ABSTRACT OF RECOrd. A. B., Attorney for Appellant. day of , 191, the plaincounty a tiff filed in the circuit court for COMPLAINT, stating his cause of action (or suit) as follows: (Set out all of the complaint necessary to an understanding of the questions to be presented to this court, and no more. In setting out exhibits, omit all merely formal irrelevant parts; as, for example, if the exhibit be a deed or mortgage, and no question is raised as to the When the defendant has appeared it is useless acknowledgment, omit the acknowledgment. to encumber the abstract with the summons, or the return of the officer. Append to the abstract of each paper a reference to the page of the transcript on which it will be found.) On the day of • 191, the defendant filed a DEMURRER to the said complaint, setting up the following grounds: (State only the grounds of demurrer, If the pleading was omitting the formal parts. a motion, and the ruling thereon is one of the questions to be considered, set it out in the same way, and continue.) And on the day of 191-, the same was submitted, and the court made the following ruling thereon: (Here set out the ruling. In every instance let the abstract be made in the chronological order of the events in the case let each ruling appear in the proper connection. If the defendant pleaded over, and thereby waived his right to appeal from the ruling, no mention of it should be made in the abstract; and if no question is to be raised | or defense, or those arising upon the assignon the appeal growing out of the rulings of the ments of error, as contained in the printed court upon motions or demurrers, no mention should be made of them in the abstract, but it abstract. should continue.) And on the defendant filed his day of ANSWER as follows: (Here set out so much of the answer as may be necessary to explain the questions raised on the appeal, and no more, omitting all formal parts. If motions or demurrers were interposed to this pleading, proceed as directed with reference to the complaint. Frame the record so that it will properly present all questions to be reviewed and raised before issue was joined, and none other. When the abstract shows issue joined, proceed.) Rule 13. When for any reason a strict 191, the compliance with the rules relating to the preparation and service of abstract or briefs becomes impossible or inconvenient, and a waiver or modification thereof, or an extension or shortening of time is desired in any case, the party desiring such waiver or modification or change of time, may at any time before he is in default apply to any justice of this court in vacation, or to the court in term time, for an order directing the same. The application shall be made in writing, and shall set out the particular facts relied upon by the applicant, and shall be certified to by counsel as being true and made in good faith. The order, if made by the court, shall be entered in the journal, and if by one of the justices, filed with the clerk. In no case will these rules, or any of them, be waived, suspended or modified upon agreement of counsel only. On the day of , 191, said cause was tried by a jury (or the court, as the case may be) and on the trial the following proceedings were had: (Set out so much of the bill of exceptions, or the substance thereof, as is necessary to show the ruling of the court to which exceptions were taken during the progress of the trial and which will be urged as error on the appeal, and no more.) After the evidence and the arguments of counsel were concluded, the plaintiff (or defendant, as the case may be), asked the court to give the following JUDGMENT (OR DECREE) was entered: (Set out the judgment or decree appealed from, or so much thereof as may be necessary.) ASSIGNMENTS OF ERRor. And the appellant herein says there is manifest error on the face of the record in this: (Here assign and set out briefly and concisely the errors relied upon for a reversal or modifiIcation of the order, judgment, or decree appealed from.)2 Where the evidence is brought up, it need not be printed in the abstract; and only such portions in the brief as counsel desire to place special emphasis upon. Rule 14. The clerk shall make the following distribution of the printed abstracts and briefs received under the foregoing rules: Two copies to each justice of the court and to the reporter, one copy to the state library, and one to be filed in his office. Rule 15. The printed abstract provided for by these rules shall be deemed and considered an abstract within the meaning of the Code. [L. O. L. § 554.] Rule 16. In case the appellant shall, without reasonable excuse, fail or neglect to serve and file abstracts or briefs as required by the rules of this court, the respondent may have the judgment or decree affirmed on motion and notice; and in case of an abandoned appeal, the opposite party may, by presenting a copy of the judgment or decree, undertaking, notice of appeal, and proof of service thereof, have the judgment or decree likewise affirmed on motion; and if in either case it appear to the satisfaction of the court that the appeal was taken for delay only, may recover such damages as the court shall order. Rule 17. DOCKETING CAUSES. After the rules in regard to service and filing abstracts and briefs have been complied with, the cause shall be put upon the trial docket in its proper order. Rule 18. Civil causes on the trial docket Rule 12. On the hearing in this court, no will be set down for argument as near as questions will be examined or considered, ex-convenient in the order of their entry, due cept those going to the jurisdiction of the notice of which will be given to the attorneys court, or when the pleading does not state of the respective parties by the clerk; but facts sufficient to constitute a cause of action the court may, whenever in its judgment a NOTE.-This outline is presented for the purpose of indicating the character of the abstract contemplated by the rule, which is to be substantially complied with. Of course, no form can be laid down applicable to all cases. The rule to be observed in abstracting the case is, preserve everything material to the question to be decided, and omit everything else. cause is of sufficient importance, on the application of either party, direct it to be set down for argument out of its order: provided, parties in either civil or criminal cases may upon stipulation submit the same on briefs at any time. Rule 19. Unless otherwise ordered, not | court or a justice thereof may enlarge the more than two hours can be employed in same sufficiently to enable the required nothe argument of a case, the time to be as tice to be given. follows: Three-quarters of an hour to open the case, one hour to answer, and fifteen minues to reply. Rule 20. In criminal cases the clerk shall, when the briefs are filed, or the time has elapsed (unless application for further time to file the same shall have been granted under these rules for filing the same) set the case down for hearing, unless otherwise ordered by the court. And a copy of all briefs in criminal cases, whether filed by the defendant or the district attorney, must be served on the attorney general, as well as the adverse party or his attorney, and must have proof of such service indorsed before filing. REHEARING. Rule 25. All applications for rehearing shall be by typewritten or printed petition, signed by counsel, setting forth wherein it is claimed the court has erred, and shall be filed within twenty days next after the filing of the opinion. Counsel may accompany the petition with a brief of the authorities upon which they rely in support thereon. Counsel shall serve a copy of such thereof, but no oral argument will be heard the clerk with five copies thereof, but it will petition on the adverse party and furnish not be necessary for the adverse party to answer such petition unless requested to do so by the court. No disbursement will be allowed in favor of either party for a petition or briefs on an application for a rehearing. Rule 26. The filing of a petition for a rehearing shall suspend further proceedings under the decision until the petition is disposed of, unless the court in term time, or the justices in vacation, shall otherwise order. [Hammer v. Downing, 39 Or. 525, 64 Pac. 651, 65 Pac. 17, 990, 67 Pac. 30.] Rule 27. FILING COST BILLS. time an opinion is rendered in a cause, or Within twenty days from the if no opinion is handed down then within twenty days from the giving of a decision, the adverse party or his attorney, or if neithe party entitled to costs may serve on ther can be found in the county where the trial court thereof, a verified claim of the cause was tried, then upon the clerk of the costs and disbursements demanded, and file the bill therefor, with proof of service endorsed thereon, with the clerk of this court, and a failure to comply with this requireclude the recovery of any more than the ment within the time prescribed shall prestatutory costs unless otherwise ordered by Rule 23. All motions and papers supplemental or opposed thereto must be filed with the clerk and served on the opposite party or his counsel, who, within ten days from such service, is required to file and serve an answering paper on the moving party or his counsel, or he shall be deemed to have confessed the motion. The moving party, after being served with an answering paper, may, within five days, serve and file a reply. All motions must be filed within ten days after a party or his counsel obtain knowledge of an alleged failure of Rule 28. Upon the disposition of a petithe adverse party or his counsel to comply tion for rehearing or if within twenty days with the requirements of the statute or after final judgment or decree no petition with the rules of this court. Any neglect shall have been filed, the clerk shall, as a to file a motion within such time will be matter of course, unless he is directed by deemed a waiver of all defects, except mat-the court otherwise, issue and forward a ters of jurisdiction. Rule 24. An application to this court or a justice thereof for an order enlarging the time in which to file a transcript shall be accompanied by a stipulation of the respondent consenting thereto or by proof of notice to respondent of such application at least five days before the same is made; provided, however, that when the time in which to file the transcript will expire by limitation before such notice can be given, the the court. MANDATE. mandate to the clerk below. COSTS. Rule 29. It shall be the duty of the clerk in taxing costs to allow the prevailing party the actual cost of printing his abstract or brief (for not exceeding 40 copies). But he shall not allow exceeding $1 a page including cover, when printed in twelve-point type, and $1.15 a page when printed in eleven-point type, unless for special reasons apparent in the record it shall be otherwise ordered. Rule 30. Costs and disbursements in this court will be taxed by the clerk, and his allowance or rejection, and all objections thereto, shall stand as the determination by the court, unless the party affected thereby shall within ten days after such taxation move to retax the same. Sections 569 and 570, L. O. LA, do not apply to the taxation of costs in this court. Heywood v. Doernbecher Mfg. Co., 48 Or. 359, 86 Pac. 357, 87 Pac. 530. No cost bill need be filed to recover the filing, attorney fee and trial fee. Anderson v. Adams, 44 Or. 529, 76 Pac. 16. When no part of an item in a cost bill is proper, it will be disallowed without an objection by the adverse party. Sommer v. Compton, 53 Or. 341, 100 Pac. 289. As the "padded" abstracts or other papers, see Ferguson v. Byers, 40 Or. 468, 67 Pac. 1115, 69 Pac. 32. An overcharge in a proper item of a cost bill should be objected to, and unless objections are filed the whole will be allowed, unless the amount charged exceeds the maximum allowed by law or the rules of this court. Sommer v. Compton, supra. The cost of transcribing the stenographer's notes for a bill of exceptions cannot be allowed in this court. Sommer v. Compton, supra; Allen v. Standard Box Factory, 53 Or. 10, 96 Pac. 1109, 97 Pac. 555, 98 Pac. 509. Rule 31. The clerk shall not tax costs fees paid the clerk and attorney fees. PRACTICE. ADMISSION TO THE BAR. Rule 35. The second day of the October term, and such other time at any term as may be ordered, on the written application of five or more persons desiring admission, shall be set apart as the time when persons desiring admission to practice as attorneys in the courts of this state may appear and present their applications, who having been ifications for admission and found duly qualexamined in open court touching their qualified, may be admitted to practice as attorneys and counselors at law in the several courts of this state. Applications for admission can only be made to this court. Rule 36. Applicants for admission as attorneys shall be examined by the justices of the supreme court, or under their direction, and only such shall be admitted as shall be properly learned in the common law, the law merchant, the principles of equity jurisprudence, the history and constitutional law of England prior to the Declaration of Independence, the history and constitutional law of the United States, the statute and constitutional law of this state, and the practical administration of the law. Such examination shall be conducted in writing, or partly in writing and partly orally, as the court may direct. Rule 37. must produce the certificate of some attorEach applicant for admission for any matter included in the transcript contrary to these rules, unless specially directed by the court; nor shall any costs beney in good standing in this court that such taxed unless the cost bill therefor shall be applicant, if a graduate of some college or filed before the mandate is issued, except for other literary institution authorized to confer degrees, has read law two years, or if not a graduate, at least three years; and that such applicant has the requisite learning and ability. There shall also be presented the certificate of two attorneys of like standing to the effect that such applicant is a man of good moral character. In case, however, the applicant produces a diploma from any regular law school or shows that he is a graduate thereof, then the certificate of his having read the time above indicated shall be dispensed with. The applicant shall also file his own affidavit that he is a citizen of the United States and of this state, or has complied with the statutory requirements in that connection, is over the age of twenty-one years, and has read the books, a list of which is included in his affidavit. Rule 32. The mode of review of final decisions of the circuit court, when the course of proceeding is not specifically pointed out by statute, shall be by appeal as in actions at law, but questions of fact shall not be considered upon such appeal, unless made a part of the record by a bill of exceptions. WRITS OF ORIGINAL JURISDICTION. Rule 33. No writ of habeas corpus, or other writ of original jurisdiction will issue from this court when the applicant has a full, speedy, and adequate remedy in the circuit court, except by permission of the court, or a justice thereof, on notice to the adverse party. All applications for such writs must be served upon the adverse party before being filed, and be accompanied by a typewritten or printed memorandum of the points involved, and the authorities relied upon. Ex parte Jerman, 57 Or. 112 Pac. 416. STAYING PROCEEDINGS. Rule 34. All applications for stay of proceedings, in cases on appeal, must be served upon the adverse party, with notice of the time when the same will be presented. Rule 38. Attorneys and counselors at law and solicitors in chancery who have been admitted to practice in the highest courts of any other state, territory, or district, or of England, her colonies, or dependencies where the common law prevails, and who are otherwise qualified, may be admitted to the bar of this state without examination upon presenting their certificate of admission to such courts, accompanied by a petition in writing, verified by the oath of the petitioner, showing (1) where he was first admitted to practice, all places and the |