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COPYRIGHT, 1913

BY

WEST PUBLISHING COMPANY

(202 FED.)

JURISPRUDENCE

RULES

OF THE

UNITED STATES CIRCUIT COURT OF

APPEALS

FOR THE

SIXTH CIRCUIT

PROMULGATED BY THE Court, MARCH 15, 1913

1.

DEFINITIONS. In these rules "counsel" shall include attorneys, solicitors, proctors and advocates ; "appellant” shall include, also, plaintiff in error, petitioner for review or mandamus, and any other party seeking review in this court; "appellee" shall include, also, defendant in error and any other party respondent in this court.

2.

NAME AND SEAL. 1. The court adopts "United States Circuit Court of Appeals for the Sixth Circuit” as the title of the court.

2. The seal shall contain the words "United States” on the upper part of the outer edge, and the words “Circuit Court of Appeals" on the lower part of the outer edge, running from left to right, and the words "Sixth Circuit" in two lines in the center, with a dash beneath.

3.

TERMS. One term of this court shall be held annually on the Tuesday after the first Monday of October, and adjourned sessions on the Tuesday after the first Monday of each other month in the year, except August and September. At the July session, no causes will be heard, except upon the special order of the court.

All sessions shall be held at Cincinnati, unless otherwise specially ordered by the court. 202 F.

(v) 856761

QUORUM. If, at any term, a quorum does not attend on the day appointed for holding it, any judge who docs attend may adjourn the court from time to time, or, in the absence of any judge, the clerk may adjourn the court from day to day. If, during a term, after a quorum has assembled, less than that number attend on any day, any judge attending may adjourn the court from time to time until there is a quorum, or may adjourn without day; or, in the absence of any judge, the clerk may adjourn the court for successive intervals of one week until a judge attends.

5.

CLERK. 1. The clerk's office shall be kept at Cincinnati.

2. The clerk shall not practice, either as attorney or counselor, in this court or in any other court.

3. He shall, before he enters on the execution of his office, take an oath in the form prescribed by section 794 of the Revised Statutes, and shall give bond in a sum to be fixed, and with sureties to be approved by the court, faithfully to discharge the duties of his office and seasonably to record the decrees, judgments and determinations of the court. A copy of such bond shall be entered on the journal of the court, and the bond shall be deposited for safe keeping as the court may direct.

4. He shall not permit any original record or paper to be taken from the court-room or from his office, without an order from the court, or a judge thereof.

6. MARSHAL, CRIER AND OTHER OFFICERS. 1. The crier and bailiffs of the District Court of any district where this court may be in session, are hereby authorized to act also during such session as crier and bailiffs of this court.

2. A crier or bailiff specially appointed for this court shall, before he enters on his duties, take an oath in the form prescribed by section 782 of the Revised Statutes.

3. The marshal and crier shall be in attendance during the sessions of the court, with the number of bailiffs and messengers which the court may from time to time order.

7.

ATTORNEYS AND COUNSELORS. An attorney and counselor admitted to practice and in good standing in the Supreme Court or in a District Court of the United States, or in the court of last resort in the state of his residence, may become attorney and counselor in this court on taking an oath or affirmation as prescribed by rule 2 of the Supreme Court of the United States, and

upon subscribing the roll. The fee for such admission shall be $10.00. Every person taking the oath and paying such fee shall be entitled to a certificate of his admission, signed by the clerk,

8.

PRACTICE AND PROCESS. 1. The practice shall be the same as in the Supreme Court of the United States, as far as the same shall be applicable.

2. All process of this court shall be in the name of the President of the United States, and shall be in like form and tested in the same manner as process of the Supreme Court.

9.

SERVICE OF PAPERS. 1. Copies of all papers or proceedings filed by any party in any. cause shall

, at or before the time of filing, be served upon counsel representing each adverse interest, and proof or acknowledgment of such service shall be endorsed upon each paper filed. The clerk may insist upon such proof as a prerequisite to filing, or may file and require the prompt furnishing of such proof, as he may in each case

2. Service may be personal or by mail. If personal, it shall consist of delivery at his office to counsel or to a clerk therein. If by mail, it shall consist in depositing the same in the post-office with postage paid, addressed to the counsel at his post office address, which address shali include his street and number, unless the same are unknown. Each proof of service shall show a full compliance with this rule.

think proper.

10.

BILLS OF EXCEPTIONS. 1. The assignments of error required by rule 11 shall be filed at or before the settling of the bill of exceptions. The evidence in a bill of exceptions shall not be set forth in full, but shall be stated in simple and condensed form, all parts not essential to the decision of some one of the questions presented by the assignments of error being omitted, and the testimony of witnesses being stated only in narrative form, save that, if either party desires it and the judge so directs, any part of the testimony shall be reproduced in the exact words of the witness.

2. No general exception to the whole of any charge to a jury on trials at law shall be allowed in any bill of exceptions. Exceptions to a charge, in order to be allowed in a bill of exceptions, must be taken before the jury retires and must state distinctly the several matters of law to which exception is taken. In cases where exception is taken to part of a charge, and such exception may be affected by other parts or by the charge as a whole, the entire charge shall be included in the bill of exceptions.

11.

ASSIGNMENTS OF ERROR. The appellant shall file with the clerk of the District Court at or before the time of filing his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. When this is not done, counsel will not be heard, except at the request of the court, and errors not assigned according to this rule will be disregarded; but the court, at its option, may notice a plain error not assigned.

12. OBJECTIONS TO EVIDENCE IN THE RECORD. In all cases of equity or admiralty jurisdiction heard in this court, no objection shall be allowed to be taken to the admissibility of any deposition, deed, grant, exhibit or translation found in the record as evidence, unless the record shows that objection was taken thereto in the court below and brought to the attention of the trial judge on the submission of the cause; but the same shall otherwise be deemed to have been admitted by consent.

13.

ALLOWANCE OF WRIT OF ERROR OR APPEAL.

1. An appeal from or writ of error to a District Court in the cases provided for in sections 128, 129 and 130 of the Judicial Code approved March 3, 1911, may be allowed in term time or in vacation by the Circuit Justice, wherever acting, or by any Circuit Judge acting within the circuit, or by any District Judge acting within the district where the case was heard and authorized to hold court in that district; and the proper security may be taken and the citation be signed by him and he may also grant a supersedeas and stay of execution or of proceedings pending such writ of error or appeal.

2. Where such writ of error is duly allowed in a criminal case, the District Court in which the conviction occurred, or this court, or any judge of either court, shall have power after the citation is served, to admit the accused to bail in such amount as may be fixed.

14. SUPERSEDEAS AND COST BONDS. 1. Upon the allowance of any appeal to, or writ of error from, this court (except when allowed to a party proceeding in forma pauperis, or in other case where, by statute, no bond is required), the court or judge allowing shall take and approve a bond with good and sufficient se

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