Before the petition will be docketed there must be furnished this office: (1) An original copy of the transcript with written signature of counsel. (2) A certified copy of the transcript of the record, including all proceedings in the Circuit Court of Appeals.

(3) An appearance of counsel for petitioner, signed by a member of the bar of this Court.

(4) A deposit of twenty-five dollars ($25) on account of costs. Before submission of the petition there must be furnished:

(1) Proof of service of date fixed for submission and copies of petition and brief upon counsel for the respondent. Notice of the date of submission of the petition, together with a copy of the petition and brief, if any, in support of the same must be served on counsel for the respondent at least two weeks before such date except where the counsel to be notified resides west of the Rocky Mountains, in which case the time shall be at least three weeks.

(2) Thirty (30) printed copies of the petition and brief in support of petition, if any such brief is to be filed, under one cover.

(3) At least nine (9) uncertified copies of the record, which must contain all of the proceedings in the Circuit Court of Appeals. These copies may be made up by using copies of the record as printed for the Circuit Court of Appeals and adding thereto printed copies of the proceedings in that Court. If a sufficient number of records thus made up cannot be obtained, making it necessary to reprint the record for use on the hearing of the petition, fifty (50) copies must be printed under my supervision in order that, should the petition be granted, there may be a sufficient number for use on the final hearing.

Monday being motion day, some Monday must be fixed upon for the submission of the petition. No oral argument is permitted on such petitions, but they must be called up and submitted in open court by counsel for petitioner, or by some attorney in his behalf.

If a respondent desires to oppose a petition, thirty (30) copies of a brief for such respondent must be filed. These briefs must bear the name of a member of the bar of this Court, who must also enter an appearance for the respondent. It is not necessary, however, for such counsel to be present in court when the petition is submitted.

All papers in the case must be filed not later than the Saturday preceding the Monday fixed for the submission of the petition.

JAMES D. MAHER,

Clerk, Supreme Court of the United States.

For rules adopted by the Supreme Court of the United States for practice and procedure under section 25 of an act to amend and consolidate the acts respecting copyright approved March 4, 1919, Chapter 320, 35 St. at L. 1075; see 241 U. S. 533, quoted supra § 150.

V

RULES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS

Edited by Martha Van Praag.

The following are the rules of the United States Circuit Courts of Appeals, adopted in each of the nine Circuits. The rules are substantially identical in all the Circuits, the points of difference being indicated by footnotes.

1. NAME.1

The court adopts "United States Circuit Court of Appeals for the Circuit'' as the title of the court.2

2. SEAL.

la

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 "-3 Circuit' in two lines, in the center, with a dash beneath.

3. TERMS.4

One term of this court shall be held annually at the city of

1 In the Sixth Circuit, this rule is included in Rule 2 subdivision 1, and Rule 1 in this circuit is as follows: "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." (202 Fed. v.)

1a First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth, respectively.

2 In the Seventh Circuit this rule reads as follows: "The title of the court shall be 'United States Circuit Court of Appeals for the Seventh Circuit." See 91 Fed. iii.

a First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth, respectively.

This rule reads as follows in the First Circuit: "One term of this court shall be held annually at the city of Boston at ten o'clock in the forenoon on the first Tuesday of October. Stated sessions thereof shall be there held at the same hour on the first Tuesday of every month, and may be adjourned to

In the Second Circuit, "at the city of New York on the first Monday of October." In the Ninth Circuit, “at the city of San Francisco on the first Monday of October."

and shall be adjourned to such times and places as the court may from time to time designate.

such times and places as the court may from time to time designate. But, unless otherwise ordered, any adjournment shall be held to have been made to the first day of the next session." In the Third Circuit: "The terms of this court shall commence and be held on the first Tuesday in March, and the first Tuesday in October, at the city of Philadelphia." In the Fourth Circuit: "1. There shall be held in the city of Richmond, Virginia, three regular terms of this court; one on the first Tuesday of January, one on the first Tuesday of April, and one on the first Tuesday of October, in each year; and there shall be held in the city of Asheville, North Carolina, one regular term of this court on the first Tuesday of July, in each year. 2. Special sessions of this court shall be held at Richmond, Virginia, on the second Tuesday of every month of the year, except in those months in which regular terms of the court are held. During said sessions such orders, judgments or decrees as may be necessary concerning pending cases may be considered and disposed of, opinions in cases theretofore argued may be filed and decrees and judgments relating thereto entered, mandates issued, and any such further action taken as is authorized by the statute in such case made and provided. 3. If at any such special session no judge shall be in attendance, the clerk shall adjourn the court until the next day, or to such time as the senior Circuit Judge shall direct, and then in case no direction be made, to the next session or term of the court." 193 Fed. v. In the Fifth Circuit: "A session of this court shall be held annually at the city of Atlanta, Georgia, on the first Monday in October, at the city of Montgomery, Alabama, on the third Monday in October; at the city of Fort Worth, Texas, on the first Monday in November, at the city of New Orleans, Louisiana, on the third Monday in November and shall be adjourned to such other time and place as the court may from time to time order and designate." In the Sixth Circuit: "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 month in the year except August and September. At the July session no causes will be heard, except under special order of the court. (1) A printed docket containing all cases docketed and not heard shall be made by the clerk for the October, January and April sessions. (2) All sessions of the court shall be held in Cincinnati unless otherwise specially ordered by the court. (3) The court, on the first day of each session, except the July session, will begin calling the cases for argument in the order in which they stand on the docket, and proceed from day to day during the session in the same way. (4) If the parties, or either of them, shall be ready when the case is called, the same will be heard, provided that the time within which to file briefs has expired. But a case may be continued once by agreement of counsel in open court or by stipulation filed in the clerk's office, to any session during the term. Subsequent continuances must be made by the court on motion for cause shown: and engagements of counsel in other courts will not be considered good cause for continuance. (5) Each day's calendar shall consist of the six cases next in order after the case last submitted on the previous day, but the calendar will not include any case continued or passed by the court on stipulation of counsel before the adjournment of court on the previous day. The calendar for each day shall be exhibited in the clerk's office at the adjournment of court on the previous day. Counsel choosing to rely on the judgment of the clerk as to the probable time of hearing of any case, otherwise than as shown in the day's calendar above provided for, must do so at their own risk. (6) Two or more cases involving the same question may by leave of the court or by its order, be heard together, but they must be argued as one case. (7) For good cause shown, on motion of either party, the court may advance any cause upon the docket to be heard at any session, even though the time permitted under the rules for the filing of briefs may not have expired at the day set

4. QUORUM.

1. If at any term a quorum does not attend on any day appointed for holding it, any judge who does attend may adjourn the court from time

for hearing. Such motion for the advancement of causes will be heard only upon five days' previous notice to opposing counsel." In the Seventh Circuit: "A term of this court shall be held annually at the city of Chicago, on the first Tuesday in October, and continue until the first Tuesday in October of the succeeding year. Every term shall be adjourned to such times and places as the court may from time to time designate. Unless otherwise specially ordered the court will hold at Chicago three sessions for the hearing of causes during each term beginning on the first Tuesday in October and January, respectively, and the last Tuesday in April." (253 Fed.) In the Eighth Circuit: "1. Three terms of this court will be held annually, one at the city of St. Paul on the first Monday of May, one at the city of Denver on the first Monday of September and one at the city of St. Louis on the first Monday of December. 2. Cases from Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, Arkansas and Oklahoma in which transcripts to be printed under the supervision of the clerk of this court are filed or transcripts printed before the certification by the clerk of the lower court and proof by affidavit or admission that three copies of the printed transcripts have been served on the defendants in error or appellees, or their counsel, are filed on or before the 1st day of April, and cases from Colorado, Utah, Wyoming and New Mexico in which transcripts to be printed under the supervision of the clerk of this court are filed, or transcripts printed before certification by the clerk of the lower court and proof by affidavit or admission that three copies of the printed transcripts have been served on the defendants in error or appellees, or their counsel, and stipulations of the parties for their hearing at the May term in St. Paul are filed on or before the 1st day of April, and those only, will be heard at the succeeding May term of the court in St. Paul. 3. Cases from Colorado, Wyoming, Utah and New Mexico in which transcripts to be printed under the supervision of the clerk of this court are filed, or transcripts printed before certification by the clerk of the lower court and proof by affidavit or admission that three copies of the printed transcripts have been served on the defendants in error or appellees, or their counsel, are filed on or before the 1st day of July and cases from the remainder of the circuit in which transcripts to be printed under the supervision of the clerk of this court are filed, or transcripts printed before certification by the clerk of the lower court and proof by affidavit or admission that three copies of the printed transcripts have been served on the defendants in error or appellees, or their counsel, and stipulations of the parties for their hearing at the September term in Denver are filed on or before the 1st day of July, and those only, will be heard at the succeeding September term in Denver. 4. Cases from Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, Arkansas and Oklahoma in which transcripts to be printed under the supervision of the clerk of this court are filed, or transcripts printed before certification by the clerk of the lower court and proof by affidavit or admission that three copies of the printed transcripts have been served on the defendants in error or appellees, or their counsel, are filed on or before the 1st day of October, and cases from Colorado, Wyoming, Utah and New Mexico in which transcripts to be printed under the supervision of the clerk of this court are filed, or transcripts printed before certification by the clerk of the lower court and proof by affidavit or admission that three copies of the printed transcripts have been served on the defendants in error or appellees, or their counsel, and stipulations of the parties for their hearing at the December term in St. Louis are filed on or before the 1st day of October, and those only, will be heard at the succeeding December term in St. Louis. 5. These terms of the court may be adjourned to such times and places as the court may from time to time designate." (188 Fed.)

to time,6 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 day to day until there is a quorum or may adjourn without day.7

2. Any judge attending when less than a quorum is present may make all necessary orders touching any suit, proceeding, or process depending in or returned to the court, preparatory to hearing, trial, or decision thereof.

5. CLERK.

1. The clerk's office shall be kept at the place designated in the act creating the court at which a term shall be held annually.8

2. The clerk shall not practice, either as attorney or counsellor, in this court or in any other court, while he shall continue to be clerk of this court.9

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

In the Ninth Circuit: "One term of this court shall be held annually at the city of San Francisco on the first Monday of October, and shall be adjourned to such times and places as the court may from time to time designate." also Rule 36.)

(See

In the Third Circuit the words "or from place to place" are here inserted. In the First Circuit, clause one of this rule reads as follows: "In the absence of a quorum on any day appointed for holding a term, or on any day to which the court is adjourned, any judge who attends shall adjourn the court from day to day; or, if no judge is present, the clerk shall so adjourn ; and, in the absence of all the judges and the clerk, the marshal or his deputy shall so adjourn. But the court may, from time to time, as provided in Rule 3, enter orders directing an adjournment, or adjournments, for longer periods than from day to day, or sine die.” In the Third Circuit the words "and, in the absence of all the judges, the clerk may adjourn the court from day to day" are added. In the Fourth Circuit, in subdivision 1 of this rule the words "or from place to place," are inserted after the words "from time to time." (193 Fed. vi.) In the Sixth Circuit, the words "from time to time" are inserted in place of the words "from day to day." The following is also added to this subdivision: "or, in the absence of any judge, the clerk may adjourn court for successive intervals of one week until a judge attends." Subdivision 2 of this rule is omitted. (202 Fed. vi.) In the Seventh Circuit clause one reads: "If, at any term or session," etc. "If, during a term or session," etc.;

and in the Ninth Circuit: "If at any term or session," etc.

8 In the Second Circuit, subdivision 1 provides that the clerk's office shall be kept in New York; in the Third Circuit, in the city of Philadelphia; in the Fourth Circuit, subdivision 1 of Rule 5 reads: "The clerk's office shall be kept at Richmond, Virginia." (193 Fed. vi); in the Fifth Circuit, subdivision 1 of Rule 5 reads: "The clerk's office shall be kept in the city of New Orleans;" in the Sixth Circuit, "The clerk's office shall be kept at Cincinnati." (202 Fed. vi); in the Seventh Circuit: "The clerk's office shall be kept at Chicago;" in the Ninth Circuit: "The clerk's office shall be kept at San Francisco. California."

In the Sixth Circuit, subdivision 2, the words "while he shall continue to be clerk of this court" are omitted. (202 Fed.)