COURT RULES. GENERAL RULES OF THE SUPREME COURT OF WASHINGTON.' Adopted July 15, 1901. Rule I. COURT RECORDS AND BOOKS. | transcript in any case, such omission may The clerk of the supreme court shall keep the following books and records: 1. Journal. 2. Record of opinions. 3. Appearance docket. 4. Motion docket. 5. Execution docket. 6. Fee book. 7. General index of cases. 8. In addition to the foregoing, the said clerk shall keep books in which shall be stated proper accounts of all moneys received and disbursed. Rule II. DOCKET FEES. The clerk of the supreme court will not file any transcript until the appellant shall have deposited with him the sum of ten dollars as an advance docket fee, and he will not file any paper in any original motion, application or proceeding until the moving party shall have deposited a like sum for the same purpose. Rule III. TRANSCRIPTS. 1. Every transcript shall be plainly written or printed on paper of good quality, of the size of legal cap, and be free from interlineations and erasures, and be duly paged and prefixed with an alphabetical index to its contents, specifying the page of each separate paper, order or proceeding, and of the testimony of each witness, and have at least one blank fly leaf: provided, the statement of facts and bill of exceptions must in every case be printed or typewritten, and when typewritten none other than the ribbon copy shall be used. 2. Every transcript consisting of more than fifty leaves shall be bound under the direction of the clerk of the supreme court at the expense of the appellant, and the cost of binding be taxed in the cause as other disbursements. Rule IV. TRANSCRIPTS-OMISSIONS. If any paper or part of the record directed to be sent up has been omitted from the 1 As originally adopted, see 40 Pac. ix. 69 P. is assigned for hearing by any party, with, be supplied at any time before the cause out leave, by filing a properly certified transcript of such paper or part of the record with the clerk of the supreme court, and at the same time giving the opposite party notice thereof. (vii) adverse party. In citing such authorities | has been served upon the appellant for a parties shall be governed by rule VIII. Rule VIII. CONTENTS AND STYLE 1. Briefs shall be printed throughout in plain, clear type, and shall contain a clear statement of the case so far as deemed material by the party, with reference to the pages of the transcript for verification. 2. Each error relied on shall be clearly pointed out. 3. In citing authorities, the names and numbers of volumes and the titles of cases must be clearly set out; and in citing text books the number of the edition must be specified. 4. Briefs must be of the following dimensions, to wit: 81⁄2 inches from top to bottom; 61⁄2 inches from edge to edge, inclusive of the margin, which must be 11⁄2 inches at the top, bottom and outer edge of each printed page. The title of the cause must be on the front cover in full. 5. In all equity causes and actions at law tried by the court without a jury, the party or parties appealing shall print in their brief the findings of fact, with the exceptions thereto, on which any question is sought to be raised by them on the appeal, and shall also print such findings as they requested the lower court to make, which were refused, with their exception to such refusal, in case any error or contention shall be based thereon. Rule IX. ASSIGNMENT OF CAUSES. 1. For the purpose of hearings in the supreme court, causes for the several counties will be assigned as follows: 1. Thurston. 2. Mason. 3. Lewis. 4. Chehalis. 5. Pierce. 6. King. 7. Kitsap. 8. Pacific. 9. Wahkiakum. 10. Cowlitz. 11. Clark. 12. Skamania. 13. Snohomish. 14. Skagit. 15. Whatcom. 16. Island. 17. San Juan. 18. Jefferson. 19. Clallam. 20. Kittitas. 21. Yakima. 22. Klickitat. 23. Chelan. 24. Okanogan. 25. Douglas. 26. Adams. 27. Lincoln. 28. Franklin. 29. Walla Walla. 30. Columbia. 31. Asotin. 32. Garfield. 33. Whitman. 34. Spokane. 35. Stevens. 36. Ferry. period of ten days or more; (c) That the appellant's brief is on file, and has been served upon the respondent for a period of forty days or more; (d) That the appellant's opening brief and the respondent's brief are on file, and more than twenty days will elapse between the time of service of the respondent's brief and the time the cause is fixed on the calendar for hearing; (e) That the appellant's brief is on file, and all parties to the appeal have stipulated that the cause may be assigned for hearing at such session. 4. Cases ready for hearing may be submitted on briefs by stipulation, at any time, and when so submitted, shall be entitled to as prompt consideration as other cases then before the court. Rule X. CALENDAR. As soon as the causes shall have been assigned for a regular session of the court, the clerk shall print a calendar thereof, and mail a copy of the calendar to each attorney or firm having any cause thereon. Rule XI. ARGUMENTS. No more than two counsel on a side will be heard upon the argument of any question, unless the court shall direct otherwise: provided, that each party who has appeared separately and by different counsel in the superior court shall, if he so desire, be heard through his own counsel. The counsel for the appellant shall be entitled to open and close the argument upon the merits in all cases. In argument of motions and all preliminary or collateral matters, the counsel for the party having the affirmative of the issue shall open and close. Arguments upon the merits shall be limited to one-half hour upon a side, and all other arguments to one-quarter of an hour upon a side, unless an extension of time be obtained from the court before the argument is commenced. Rule XII. ERRORS CONSIDERED. No alleged error or mistake of the superior court will be considered by the supreme court 2. Exceptions to this order may be made unless the same be clearly pointed out in the appellant's brief: provided, that the objection that this court has no jurisdiction of the when public interests so require. 3. Ten days before the beginning of each session of the court the clerk shall assign appeal may be taken at any time. for hearing in the order named in subdivision 1 of this rule, all causes then on the docket and ready for hearing. A cause on the docket of the court shall be deemed ready for hearing when it appears that the manuscript is on file; and (a) That the appellant's opening brief, the respondent's brief, and the appellant's reply brief are on file; (b) That the appellant's brief and respondent's brief are on file, and the latter Rule XIII. REHEARINGS. 1. Every petition for rehearing must be filed within thirty days after the opinion shall have been rendered, and no more than one petition for a rehearing of the same question shall be filed: provided, that the court may, in its discretion, allow any petition to be amended. The filing of a petition for rehearing shall suspend the decision of the court until a ruling thereon. 2. One typewritten copy of the petition for | record, and all technical motions tending to rehearing, filed with the clerk, shall be suf- prevent the hearing of a cause upon its merficient. its, may be made in writing and noticed for some Friday of the session, or the last Friday of any month of the year excepting the months of July and August, or the same may be made and plainly stated in the respondent's brief and heard at the time the cause is assigned upon the calendar. 3. When a decision is rendered upon a petition for rehearing, the clerk shall promptly notify counsel for the respective parties. Rule XIV. COST BILLS. 1. The prevailing party shall, within ten days after the filing of the opinion in a case, file with the clerk a cost bill, and serve upon the adverse party a copy thereof. If any adverse party objects to any item or items thereof, he shall serve upon the prevailing party exceptions to such cost bill, together with affidavits in support of his exceptions, if desired, and file the original, with proof of service, with the clerk of the court within ten days after service of the cost bill upon him. Whereupon the clerk shall tax the costs to which the prevailing party is entitled, and shall notify the parties of such taxation. Either party may except to the taxing of any item or items, or failure to tax the same, and shall serve such exceptions on the adverse party and file the same with the clerk within ten days after such taxation. Said exceptions shall be heard by the court on the first motion day after the expiration of five days from the date of service of such exceptions. If the party fail to appear at such time, the court will consider such exceptions upon the affidavits on file and the records in the cause, and determine the same. 2. If no cost bill is filed and served, the clerk will tax as costs only the clerk's costs, printing of briefs at seventy-five cents per page, the statutory attorney fee, and the cost of transcript at the rate of five cents a folio. 3. Where a cost bill has been served and filed in time, and no exceptions thereto filed, objections thereto will be deemed to have been waived. Rule XV. SUBMISSION ON FAILURE TO APPEAR. Where a party does not appear when the cause is called for hearing, and the appeal has been perfected, and the brief of said party shall be on file, the cause, as regards such party, shall be deemed submitted. This rule shall not preclude oral argument by the opposite party. Rule XVI. RESPONDENT FILING NO Where the respondent fails to file a brief in 'the cause, the court will take the submission of the same by the appellant, and decide upon the merits of the appeal, if it shall appear to have acquired jurisdiction of the cause. Rule XVII. MOTIONS-HOW MADE AND HEARD. 1. Motions to strike out any portion of the transcript, or to dismiss or affirm upon the 2. All other motions in appealed causes must be made in writing, and noticed for some Friday of the session or for the last Friday of any month excepting the months of July and August at the opening of court on that day. The motions referred to in this and the first clause of the preceding paragraph will be known as noticed motions. 3. At least two days before the day set for the hearing of such motion, the motion and notice, with proof of service thereof, must be filed with the clerk. The clerk will prepare a calendar of noticed motions for each Friday, in the order of their filing, and they will be given precedence of other hearings on that day. 4. The Fridays of the weeks during the reg ular hearing of cases and the last Friday in each month excepting the months of July and August, are hereby designated as motion days. Rule XVIII. NOTICES OF MOTIONS. 1. All notices of motions not given in the briefs must be in writing; and the necessary time of notice shall be not less than ten days, unless a different time is fixed by statute or the special order of this court. But where the service of a notice is made by mail between different places, the time of notice above mentioned shall be thirteen days. 2. Service of papers must in all cases be made upon the attorney of record of a party, if he have one, unless the place of business or residence of such attorney is unknown, when it may be made upon the party. Rule XIX. SERVICE OF PAPERS. Service of papers may be made as follows: First: If upon an attorney, by delivering to him personally, or at his office by delivery to his clerk or to the person having charge thereof; or if his office be not open, or there be no one in charge thereof, at his residence by delivery to some person of suitable age and discretion; or, if neither of the foregoing methods can be followed, by deposit in the postoffice to his address, with postage prepaid. Second: If upon a party, by delivery to him personally, or at his residence, by delivery to some person of suitable age and discretion, between the hours of 9 o'clock in the forenoon and 9 o'clock in the evening. Rule XX. SERVICE-RESIDENCE UNKNOWN. Where the residence of a party and his attorney of record, if he have one, is not known, the service may be made upon the clerk of the superior court in which the cause was tried, for the party or attorney. Rule XXI. SERVICE BY MAIL. 1. Service may be made by mail when the person making the service and the person on whom such service is to be made reside in different places, between which there is regular communication by mail; postage must in all such cases be prepaid. 2. Time shall begin to run from the date of deposit in the postoffice. Rule XXII. HABEAS CORPUS. 1. A judge of the supreme court, when applied to for writs of habeas corpus, may make the same, if granted, returnable before himself or before the supreme court, or before any superior court of the state, or any judge thereof. 2. Upon such an application, however, the judge applied to may make an order to show cause why the writ should not issue returnable before the supreme court. 3. Unless there be special reasons to the contrary, writs of habeas corpus will be issued by the supreme court only after a hearing upon an order to show cause. 4. In all cases where the person whose release is sought to be obtained by original habeas corpus from this court is imprisoned in the penitentiary, or in a county jail, upon a charge or conviction of felony, service of the order to show cause and petition must be made upon the superintendent or sheriff, as the case may be, the prosecuting attorney of the county from whence the prisoner was committed, or in which he is confined, and the attorney general at his office in Olympia. 5. Where the imprisonment is in a county jail upon a charge or conviction of misdemeanor, the service must be upon the prosecuting attorney and the sheriff of that county. Rule XXIII. OTHER ORIGINAL WRITS. 1. In all other cases of applications to the supreme court for original writs, under either its original or its appellate jurisdiction, the applicant shall show that he has given notice to the opposite party or his attorney of record of his intention to apply for such writ and the time thereof, or furnish satisfactory reasons by affidavit for his failure to give such notice. 2. The notice above required shall not be less than four nor more than fourteen days. Applications under this rule must be made on a regular motion day, unless there be some special emergency requiring earlier action. 3. The opposing party shall be at liberty to make any objections he sees fit upon the face of the papers presented with the application. 4. Upon the final hearing of any application under this rule, each side shall furnish for the use of the court, nine written or printed copies of their points and authorities. RULES FOR THE ADMISSION OF ATTORNEYS TO PRACTICE IN THE COURTS OF THE STATE OF WASHINGTON. Rule I. TIMES FOR EXAMINATION. state of Washington, to aid and assist in the examination of applicants for admission. The first Thursday and Friday of each session of the supreme court are hereby designated as the times when examination of ap- Rule V. FILING NOTICE OF APPLICAplicants for admission to practice as attorneys and counselors at law shall take place. Rule II. EXAMINATION-WRITTEN AND ORAL. TION. 1. All persons making application for admission to the bar, as herein provided, shall file a notice of such application with the clerk of the supreme court at least one week before Such examination shall be written and oral the first Thursday of each session of the suas hereinafter provided. Rule III. QUALIFICATIONS. Applicants for admission shall possess the qualifications required by statute. Rule IV. APPOINTMENT OF COMMITTEE. The supreme court will, from time to time, appoint a committee, composed of three members of the bar of the supreme court of the preme court, and shall pay to such clerk the sum of twenty dollars ($20) in full of all fees, which sum shall be returned to the applicant in the event that his application for admission is denied. 2. Each application for examination shall be accompanied by the affidavit of the appli cant showing that he has the qualifications required by the statute, and that he is not under sentence of suspension or disbarment of any court. Rule VI. BASIS OF EXAMINATION. Such examination shall be based upon written questions and the answers thereto and such oral questions as the committee shall see fit to propound. Rule VII. WRITTEN EXAMINATIONS. The committee shall prepare and submit to the applicant numbered questions in writing, to be answered in writing. While engaged in answering the questions the applicant shall be in a room free from interruption, and shall be upon honor not to communicate with any person, or to read any book or paper upon the subject of the answer to any question submitted to him. Six hours will be allowed in which to prepare the written answers. The number of each question shall precede each answer. Each page of answers shall be signed by the applicant. Immediately upon concluding his written answers the applicant shall deliver them to the committee. Rule VIII. ORAL EXAMINATIONS. Upon the day following the applicant's written examination, he shall be examined orally in open court by the court or the committee, at such length as may be deemed proper. Rule X. PRACTICE. Admission to practice in the supreme court shall entitle an attorney to practice in all the courts of the state. Any person a resident of the state of Washington heretofore admitted to practice in any of the superior courts of said state shall be entitled to admission in the supreme court upon the production of a certified copy of his admission and the filing of the same with the clerk of the supreme court, together with his own affidavit that he is not under judgment of disbarment or suspension of any court. The fee for entering said admission and for certified copy of such record shall be five dollars ($5). Rule XI. DISBARMENT AND SUSPEN SION. of the supreme court, or of any superior court The judgment of disbarment or suspension of this state, shall disqualify any attorney against whom the same is pronounced from practicing as an attorney in any of the courts of the state until the same shall be reversed or vacated; and any attorney who, while so disbarred or suspended, shall practice as an attorney, shall be deemed guilty of a contempt, and punished accordingly. Rule XII. RELATING TO ADMISSION. Rule IX. ADMISSION UPON EXAMINA- required, personal attendance of an applicant TION. As soon as convenience will permit, the committee shall satisfy themselves, from the applicant's written and oral examinations, whether or not he should be admitted, and announce the result to the supreme court. The court shall then determine whether or not the applicant shall be admitted. shall not be necessary to obtain an order of admission, but the same may be had upon motion, upon taking the oath before any offi cer authorized to administer oaths, and submitting proof thereof with the further proofs required by rule X, and the act approved March 19, 1895, as amended by the act approved February 16, 1897, respectively, and upon payment of the fee prescribed. |