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mee and a half hours
2. Counsel will not be able mother in the argument, aluwaris counsel 1 be disco and strictly forbidden.
2. When causes are placed ndar. parties shall be primaril
Ist. If by the shall be first liable. And. 11
2ND. Cases in the Supreme Court will bo padent or by counsel, then it taken up in their order upon the Docket, and no eivil case shall the clerk before the commencement of the argument, remt: the final papers until
1st. The first six days aish to the appellee a copy of his points, and
de devoted to the trial of reference to his authorites, five days beforo
which do not reqnire their the first day of the term of the Supremo Court, and within three days thereafter they to determine a fact in
the hearing of demurrers counsel for the appellee shall furnish to the
sehall the trial jury be me
TERRITORY OF MONTANA,
, Adopted at the December Term thereof, A. D. 1869.
In all cases whoro an appeal is perfected, and the statement settled (if there be one) twenty days before the commencement of the next succeeding term of this Court, the Transcript of Record shall be filed on or before the first day of such term.
RULE SECOND. If the Transcript of the Record is not filed within the time prescribed, the appeal may be dismissed, on motion, upon satisfactory evidenco of such omission.
A cause so dismissed may be restored during the same term, apon good cause shown, on notice to the respondent.
RULE THIRD, On such motion to dismiss the appe:l, there shall be presented the certificate of the clerk below, under the seal of the Court, certifying the amount or character of the judgment or order appealed from; the date of its rendition ; the fact and date of the fil. ing of the notice of appeal; the fact and date of filing the undertaking on appeal; the fact and time of settlement of the state. ment, if there be one; and also that the appellant has reeeived a duly certifiod transcript, or that such transcript bas not been requested by appellant; or, if requested, that appellant has not paid the fees therefor, if such payment have been demanded.
RULE FOURTH. All Transcripts of Records hereafter sent to this Court shall be on paper of uniform size, according to a sample to be furnished by the clerk of this Court, with a blank margin one and a half inches wide, at the top, bottom, and side of each page, and all pleadings, proceedings, and evidence shall be chronologically arranged, and the pages of the transcript shall be numbered, and but one side of the leaves shall be written upon.
RULE FIFTH. Each Transcript shall be prefaced with or have annexed an alphabetical index to its contents, specifying the page of each sep. arate paper, order, or proeceding, and of the testimony of each witness, and shall have blank or fly sheet covers.
RULE SIXTH. The Transcript shall be fastened together on the left side of the pages, so that the same may be secure and every part conveniently read.
RULE SEVENTII. Tho Transcript shall be written in a fair legiblo hand, and each paper or order shall be separately inserted.
RULE EIGHTII. The party filing the Transcript may, if he so desire, have the same printed, but the expense of printing shall not be allowed or taxed as costs.
No Transcript which fails to conform to the requirements of these rules shall be filed by the Clerk.
RULE TENTH, The Transcript, on appeal from a final judgment, shall contain copies of the notice of appeal; the undertaking or undertakings executed by appellant on the appeal; the pleadings on which are formed the issues tried in the cause; the statement, if there be one; and such other parts of the judgment roll as are necessary to present or explain the points ruled on, and no more.
On appeal from a judgment rendered on an appeal or from an order, the transcript shall contain copies of the notice of appeal; the undertaking or undertakings filed by appellant; the judgment or order appealed from and of the papers used on the hearing in the court.
The appellant shall be charged with the duty of having the transcript per fected in accordance with the statute and the rules: : Provided, That if it shall appear to the satisfaction of the Court that the appellant has filed his praecipe in time with the eleik of the Court below, directing the preparation of the transcript, and specifying what portions of the record the same shall contain, then, in case the transcript shall be imperfect and shall not con form to the requirements of the praecipe, and sufficient reason for Buch non-conformity does not appear, the appeal shall not be dismissed, and on motion of the appellant, a rule shall be entered upon the clerk below to correct the transcript within such time as may he allowed by the Court.
RCLE TWELFTI. For the purpose of correcting any error or defect in the transcript, other party may suggest the same in writing, and, upon good cause shown, obtain an order that the proper vlerk certify io this Court the whole or part of the record, as may be required. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompaniel by an ailidavit showing the existence of the alleged error or defect.
RTLE THIRTEEN TII. Proof of service of notice of appeal on the respondent may be made by atlidavit, and in all cases proof of service of such notice or waiver thereof shall be filed in this Court tive days at least before the commencement of the term to which the appoal is taken.
RULE FOURTEENTII. Exceptions to the transcript, statement, undertaking on appeal, notice or appeal, or to its service, or proof of service, or any technical objection to the record affecting the right of the appellant to be heard on the errors assigned, must be taken at least one day before the day on which the cause may be set down for hearing, and must be noted in writing and filed at least one day be. fore the argument, unless the appellant otherwise consent, but in all cases such objection must be prosented to the Court before the argumert on the merits.
Upon the death or disability of a party, or tranfer of his interest in the suit, pending an appeal, such fact shall bo suggested in writing to the Court; and if the cause of action survive or continue, upon motion of the local or personal representative of such party, or of any party to tho record, an order shall be made substituting such representative in the cause, and the cause shali proceed as in other cases.
RULE SIXTEENTH, The calendar of each term of this Court shall consist only of those causes in which the transcript shall have been filed in this Court five days before the commencement of the term, unless by written consent of the parties: Provided, That all cases in which the appeal is perfected as provided in rule first, and the transcript is not filed five days before the first day of the term, may be placed on the calendar, on motion of the respondent, upon the filing of the transcript, during the first week of the term.
RULE SEVENTEENTH. Causes shall be placed on the calendar in the order in which the transcripts are filed, and except when brought to hearing upon notice or agreement of the parties, shall be disposed of in the order in which they appear upon the calendar.
RULES OF TUE SUPREME COURT'.
RULE EIGHTEENTU. The appellant and the respondent shall furnish to each other a copy of his points and authorities at least one day before the commencement of the argument; and at or before the com. mencement of the argument shall furnish to cach of the Justicos & copy of the same, and shall file a copy of the same with the clerk; or either party may file one copy thoreof with the clerk, who shall cause the requisite copies to be mado.
RULE NINETEENTH. When briefs or arguments are filod, one copy shall be deliverel to the adverso parly, one to each of the Justices, and ono to tbe reporter.
RULE TWENTIETH. No more than two counsel will be heard upon a side, and not over one and a half hour on a side for argument will be allowed, unless permission be asked and allowed before the argument cominence.
RULE TWENTY-FIRST. All opinions delivered by the Court, after baving been finally corrected, shall be recorded by the clerk.
RULE TWENTY-SECOND. All motions for rehearing shall be in writing and filed within three days after the judgment is rendered or order made, and during the term at which the judgment or order is rendered or made.
RULE TWENTY-THIRD. No transcript cr paper filed in a cause shall be taken from the court room or clerk's office, except by written order of the Court, or one of the Justices,
RULE TWENTY-FOURTH, The party filing the transcript shall be primarily liable for costs. In no civil case sb:ill the clerk be required to remit the final papers uatil the costs accrued in this court are paid.
Ordered, that the foregoing be, and the same are hereby, adopted as rules of this Court.
MONTANA TERRITORY, SS:
I, Lccius S. Peck, Clerk of the Supreme Court of Montana Territory, do hereby certify that the forogoing is a correct copy
of the rules adopted by the Supreme Court of said (EAL) Territory at the December term thereof, A. D. 1868.
Witness my hand and the seal of suid Supreme Court, the second day of January, A. D. 1869.
LUCN'S S. PECK, Clork.