AMENDMENT TO RULES.

SUPREME COURT OF MINNESOTA.

Ordered, that rule 9 be and is hereby amended so as to read as follows:

Rule IX.

1. The appellant, or party removing a case to this court, shall, at least three days excluding Sunday) previous to the argument ereof, file eight copies one for each of the lges, and one for the reporter, clerk, and ibrarian, respectively-of the paper book, his signment of errors, points, and authorities; and within the same time the respondent stall file eight copies of his points and authorities. Any party failing to do so shall ot be entitled to statutory costs, in case he prevails.

2. The paper book and briefs must be printed, and the folios of the paper book distinctly numbered in the margin. The pafer book shall consist of so much of the reTarn as will clearly and fully present the questions arising on the review, with the reasons of the court below for its decision, if any were filed; also the notice of appeal, verdict, or finding, and judgment, if there

be one.

4. The points and authorities of appellant shall contain a concise statement of the case, so far as necessary to present the questions involved, and shall state separately the several points relied on for a reversal of the order or judgment of the court below, with a list of authorities to be cited in support of the same.

5. Whenever either the settled case or the

paper book contains any unnecessary, irrelevant, or immaterial matter, and the appellant prevails, he shall not be allowed any disbursements for preparing, certifying, printing such unnecessary matter.

or

If the settled case contains all the evidence, but the appellant does not prevail on any error which required the bringing up of all of the evidence, but does prevail on an er ror which could have been raised without the evidence or by a bill of exceptions, he shall not be entitled to tax disbursements for preparing, certifying, or printing any matter not reasonably necessary to present the points on which he prevailed.

The respondent's objection to the taxation of disbursements in such cases shall point

3. Prefixed to the brief of the appellant, but stated separately, shall be an assignment of errors intended to be urged. Each specification of error shall be separately, distinctly, and concisely stated, without repetition, and they shall be numbered consecuOrdered, that the clerk of this court cause tively. When the error specified is that the this order to be published in at least two daifinding of the court below or referee is not ly newspapers in each of the cities of St. sustained by the evidence, it shall specify Paul and Minneapolis, and in at least one particularly the finding complained of. No daily newspaper in the city of Duluth; also error not affecting the jurisdiction over the in the calendar of this court for the next subject-matter will be considered, unless term. stated in the assignment of errors.

out-specifying the folios-the particular portions of the record or paper book for which he claims that the appellant is not entitled to tax disbursements.

Adopted February 1, 1895.

COURT RULES.

SUPREME COURT OF NORTH DAKOTA.

Rule I. [Clerk's Office, Where.] Until the same to be served on such adverse party otherwise directed by a rule of court, the or his attorney at least ten days before such clerk of the supreme court shall keep his designated day. office at the capital of the state. When absent from the capital, the office shall be kept open, and the duties of the clerk shall be per formed by a deputy. The clerk shall not practice as an attorney or counselor.

Rule II. [Clerk, Duties of.] He shall keep a complete record of the proceedings of the court, and shall perform all the duties pertaining to his office. He must not allow any written opinion of the court, or any original record or paper pertaining to his office, to be taken therefrom without an order from the court, or one of the judges thereof. He shall promptly announce, by letter, any decision rendered or order entered in any cause or matter, to one of the attorneys of each side, when such attorneys are not in attendance upon the court.

Rule III. [Clerk's Fees, Deposit of.] The appellant, on bringing a cause to this court, shall, at or before the filing of the record, deposit with the clerk of said court the sum of eight dollars, to apply on his fees; and in all cases (except habeas corpus) originally brought in this court, the plaintiff or petitioner, at or before the filing of the first papers in the case, shall deposit with the clerk the same amount for the same purpose.

Rule IV. [Notice of Appeal, How Served.] The notice of appeal shall be served in the manner indicated by section 4 of an act regulating appeals, approved February 11, 1891, and chapter 23 of the Compiled Laws of 1887, and the acts amendatory thereto; and, if not served ninety days before the first day of the next succeeding term of the supreme court, the cause shall not then be tried.

Rule VI. [Citation, When Returnable.] When a sufficient time intervenes, the citation provided for in the preceding rule shall be made returnable on the first day of the next succeeding term; otherwise it shall be made returnable on some day during such term; and writs of error in criminal cases may issue and citations be made returnable on any day during term time.

Rule VII. [Writ of Error, When Filed.} When a writ of error is allowed and issued, it shall be the duty of the plaintiff in error forthwith to file with the clerk of this court shall be cause for the dismissal of the writ; the petition in error, and a failure to do so and such petitions shall be filed by the clerk as of the day when the writ was allowed.

Rule VIII. [Appeal, How Transmitted.} When an appeal is taken, either from a judgment or an order (except in cases where, by special order of the district court, copies are sent to the supreme court in lieu of the originals), the clerk shall transmit the original judgment roll or order and papers used upon the motion, as required by section 5 of an act of 1891 regulating appeals. Whether the original or copies are transmitted, the judge's certificate or a copy thereof, as prescribed by rule 12, must be appended to the record in all cases. The original notice of appeal and undertaking must be transmitted to the supreme court. Where original papers are sent up, the certificate of the clerk of the district court must conform substantially to the requirements of said section 5. Where copies of the record on appeal are transmitted to this court, it shall be the duty of the clerk of the district court, without unnecessary delay, and within the periods limited by law, to make out a full and perfect transcript and copy of the judgment roll; or if the appeal is from an order, or any part thereof, a complete copy of such order, and of the papers upon which said order was granted, and the certificate of the judge, as prescribed by rule 12 of these rules; or where a writ of error is sued out in criminal causes, a complete copy of the record and of all bills of exception, together with an assignment of errors, and prayer for reversal, and embracing the certificate of the judge of the district court provided in the Code of Criminal Procedure (Compiled Laws, section 7510), and to certify the same under his hand and seal of the court, and transmit the (vii)

Rule V. [Writs of Error, Allowed When, How.] Writs of error in criminal causes shall be allowed in all cases from the final decisions of the district courts to the supreme court. The party seeking the writ must apply to the chief justice or to one of the judges of the supreme court, by petition, verified by affidavit, setting forth clearly and succinctly the chief matters of error complained of. All superfluities and unnecessary recitals must be excluded from the petition. Immediately after the issuing of the writ of error, a citation to the adverse party to be and appear at the supreme court, on a day and hour to be therein designated, shall be issued by the clerk of this court, and by him delivered or sent by mail to the plaintiff in error or his attorneys, who shall cause

61 N.W.

same to the clerk of this court, which certificate shall be substantially in the following form:

[Form of Clerk's Certificate When the Appeal is from a Judgment in Civil Cases.]

State of North Dakota,

-.

}

88.

Judicial District.

in the

County of I, A. B., clerk of the district court within and for the said county of judicial district of the state of North Dakota, do hereby certify that the above and foregoing papers are the original notice of appeal, with proof of service thereof, and the undertaking given thereon, and also the original judgment roll, and certificate of the judge thereto appended (or full, true and complete copies of said judgment roll and certificate, as the case may be), in the above-entitled action, wherein is plaintiff and is defendant, as the same now remain of record in said court, and the same are transmitted to the supreme court pursuant to such appeal.

In witness whereof, I have hereunto set my hand and affixed the seal of said court this day of A. D. 189-.

[Seal.]

Clerk.

Rule IX. [Respondent may Require Return to be Filed, When.] The appellant shall cause the proper return to be made and filed with the clerk of this court within sixty days after the appeal is perfected. If he fails to do so, the respondent may, by notice in writing, require such return to be filed within twenty days after the service of such notice, and, if the return is not filed in pursuance of such notice, the appellant shall be deemed to have abandoned the appeal, and on an affidavit proving when the appeal was perfected and the service of such notice, and a certificate of the clerk of this court that no return has been filed, the respondent may apply to any judge of this court for an order dismissing the appeal for want of prosecution, with costs, and the court below may thereupon proceed as though there had been no appeal: provided, nevertheless, that this rule shall have no application to cases where the respondent has elected to cause the record to be transmitted to the supreme court as regulated by the proviso contained in sec

[Form of Clerk's Certificate When the Appeal tion 5 of the act of February 11, 1891, reguis from an Order.]

State of North Dakota,

County of

}

SS.

Judicial District.

in the

I, A. B., clerk of the district court within and for said county of ju dicial district of the state of North Dakota, do hereby certify that the above and foregoing is the original notice of appeal, with proof of service thereof, and the original undertaking given thereon, also the original order from which an appeal is taken, with all the papers used by each party on the application for such order, with the certificate of the judge attached thereto (or full, true and complete copies of such order, papers and certificate, as the case may be), in the above-entitled action, wherein is plaintiff and is defend ant, as the same now remain of record in said court, and the same are transmitted to the supreme court pursuant to said appeal.

In witness whereof, I have hereunto set my hand and affixed the seal of said court this day of A. D. 189-. [Seal.]

Clerk.

lating appeals.

Rule X. [Criminal Causes to be Placed All criminal causes First on the Calendar.] shall be placed first on the calendar, in the order of the date of the filing of the petition, and shall have precedence of all other business, and shall be tried at the term at which the transcript is filed, unless continued or otherwise disposed of, and shall, if practicable, be decided at the same term; and the presence of the defendant in the supreme court shall in no case be necessary, unless specially ordered by the court.

Rule XI. [Order of Civil Causes on Calen

dar.] All civil causes shall be placed on the calendar by the clerk in the order of the filing of the transcript, and shall (with the criminal causes) be numbered consecutively from term to term in one continued series;

[Form of Clerk's Certificate in Criminal Case.] and no civil cause shall be placed on the cal

State of North Dakota,

County of

SS.

Judicial District.

endar after the day preceding the opening of the court, unless ordered by the court.

I, A. B., clerk of the district court in and Rule XII. [Certificate of Judge.] In all for the county of judicial in the district of the state of North Dakota, in obedi- civil and criminal actions and in all special ence to the annexed writ of error, do hereby proceedings which are brought into this certify and return that the above and foregoing is a true, full and complete copy and transcript court, the judge of the district court shall of the record in this case, to wit: The indict- append to the original judgment roll or recment, the minutes of the plea (or demurrer); ord, filed in the court below, a certificate, the minutes of the trial, the charges given and the charges refused, with all the endorsements signed by him, as follows: In civil actions thereon, and the judgment, all bills of excep- and special proceedings the certificate shall tion, together with an assignment of errors state in substance that the above and foreand prayer for reversal, and also of the origi-going papers (naming each separately) are nal certificate of the judge in the above-entitled case, wherein the state of North Dakota is plaintiff and is defendant, as the same now remains of record in the said court, and the same are transmitted to the supreme court pursuant to said writ of error.

In witness whereof, I have hereunto set my hand and affixed the seal of said court this day of, A. D. 189-. [Seal.]

Clerk.

contained in and constitute the judgment roll (or other record, as the case may be), and the whole thereof. The original certificate (or copy thereof, in cases where a copy is transmitted) must be embraced in the record sent to this court. The certificate required in criminal cases is indicated by rule 8 of these rules.