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COURT RULES.

KANSAS COURT OF APPEALS.

Northern Department.

on,

I. The court will meet in regular sessions, (2) A specification of the errors relied upas follows:

set out separately and particularly. At Topeka, on the first Tuesdays of March, When the error alleged is to the admission June, and November.

or to the rejection of evidence, the specificaAt Concordia, on the first Tuesdays of Jan- tion shall quote the full substance of the vary, May, and October.

evidence admitted or rejected. When the At Colby, on the first Tuesdays of Febru- error alleged is to the charge of the court, ary, September, and December,

the specification shall set out the part reII. No cause shall be docketed, nor process ferred to totidem verbis, whether it be in inissued thereon, except causes wherein the structions given or in instructions refused. state is appellant, until the plaintiff in er- (3) A brief of the argument, exhibiting a ror or appellant shall pay to the clerk $5, ad- clear statement of the points of law or fact vance fee; nor shall any civil cause be dock-to be discussed, with a reference to the eted until security for costs shall be given, pages of the record and the authorities relied approved by the clerk of the court, condi- upon in support of each point. tioned for the payment of all costs for which VII. Counsel for defendant in error or apthe plaintiff in error may be liable.

pellee shall file with the clerk 10 printed III. Counsel for the plaintiff in error shall | copies of his brief, before the case is called number the pages of the petition in error for hearing. His brief shall be of a like and the record, before filing the same; and character with that required of the plaintiff the clerk shall prepare for the court a copy in error or appellant, except that no specifiof the same, numbering the pages as in the cation of errors shall be required, and no original,

statement of the case, unless that presented IV. Sixty days before the commencement by the plaintiff in error or appellant is conof each term, the clerk shall prepare and troverted. send to the attorneys interested a printed VIII. In each civil cause, counsel for plaincopy of the trial docket for that term, show-j tiff in error shall furnish a copy of his brief ing the day upon which each cause will be to counsel for defendant in error at least 30 heard.

days before the time set for the argument Causes Was be assigned for hearing in thereof; and the counsel for defendant in their order upon the appearance docket, ex error shall furnish a copy of his brief to cept as otherwise provided by law; but a counsel for plaintiff in error at least 10 days cause may, upon motion filed therefor, be before the time set for the argument thereheard out of its regular order, for special of. Proof of service of the briefs must be and sufficient reasons set out in such motion.filed with the clerk of the court prior to the

All causes will be heard by the court upon argument of the cause. the day for which they are assigned.

In all criminal appeals in which the state V. A continuance in a civil cause, unless is a party, and in all civil causes in which otherwise expressed in the order, will carry the state is a party or in which any of its it to the heel of the docket. A continuance property is involved, counsel shall serve in a criminal appeal will carry it to the next their briefs upon the attorney general as assignment of causes.

well as upon local counsel; such service to VI. Counsel for plaintiff in error or appel- be made as in civil cases. In case of a faillant shall file 10 printed briefs in each case; | ure to comply with the requirements of this six copies for the court, and four for the re- rule, the court may continue or dismiss the porter and librarian.

cause, or affirm or reverse the judgment. This brief shall contain, in order here IX. The clerk will de ver one copy of stated

each brief to the state librarian, to be bound (1) A concise abstract, or statement of the and indexed and placed in the state library. case, presenting succinctly the questions in- That the briefs may be of uniform size, and volved, in the manner in which they are thus capable of being bound in uniform and raised.

convenient volumes, counsel are requested 40 PAC.

(v)

to have such briefs printed in pages corre-, The clerk shall not permit any transcript or sponding in size and form to the pages of the case-made to be taken from the files of his Kansas Reports.

office until the copy thereof, required by rule X. Attorneys wishing to submit their 3 of this court, has been completed and comcauses upon briefs, on the day they are as- pared. The clerk will allow no one, except signed for hearing, may avoid the incon- the reporter of this court, to take an original venience of personal attendance at court by opinion from the files of his office before filing a written order with the clerk to so such opinion has been reported.

All recsubmit. In all such cases, their briefs, with ords and papers that may be taken from proof of service, must be on file.

the clerk's office must be returned at least XI. One hour only, except with the con- 10 days before the first day of the next sent of the court, shall be consumed in the meeting of the court in the division where oral argument of a cause, by counsel for the papers are filed. either party. Oral argument upon a motion XVII. No mandate shall issue in any civil will be limited to 30 minutes on each side. case during the time allowed for the filing

XII. Every application for an order in any of a motion for rehearing, or pending the case shall be in writing, and shall be grant- consideration thereof, unless specially ored only upon the filing thereof, and due dered by the court. proof of service of notice on the adverse XVIII. All attorneys admitted to practice party or his attorneys, at least three days in the supreme court of Kansas shall be enbefore the hearing.

titled to practice in this court; and any XIII. All motions for rehearing of the de- practicing attorney of the district court ,will, cision or judgment in any cause (except on motion, be admitted to practice in this when otherwise specially permitted) and court; and any practicing attorney of any copy of said motion must be filed within state or territory having professional busithirty (30) days after the decision or judg-ness in this court may, on motion, be ad. ment is announced, and notice forthwith mitted, upon taking the oath prescribed by served on the opposite party or his attorney; law. All motions for the admission of atand all such motions will be set down for torneys must be presented to the court at hearing at the heel of the docket at the first the morning hour of its session, immediatesitting of the court after service of the no- ly after the first call of the docket for the tice of the motion. Such motion must speci- day. Each attorney, on being admitted, fy distinctly the grounds upon which it is shall pay three dollars to the clerk, who based, and set out the mistake of facts or shall furnish such attorney a certificate of error of law complained of.

admission and a printed copy of the rules. XIV. In all original actions in this court, Adopted March 12, 1897, by the Kansas no fees or costs will be allowed or taxed for court of appeals, Northern department. the mileage of any witness for any distance outside of the county where the court is held, unless the subpoena under which the witness attends has been issued upon the Rule Prescribed March 12, 1895, by special order of the court, or a judge thereof.

the Supreme Court Respecting ProXV. Execution on a judgment for costs

ceedings in the Kansas Court of Aphaving been returned unsatisfied, the clerk

peals for the Northern Department. may notify the securities for costs, or their executors or administrators, of such return, The court of appeals for the Northern deand that, unless said costs are paid within partment may, at any regular term held in 10 days after receipt of said notice, a mo- either division, grant orders, render decition will be made for a judgment against sions and deliver opinions in cases pending them. If good cause shall not be shown in either of the other of said divisions; such why the same ought not to be done, judg- orders, decisions or opinions to be at once ment may be entered against said securities transmitted to the clerk of the court of the or their executors or administrators for the proper division and therein filed, with the amount remaining unpaid for which the same legal effect as if originally made in plaintiff in error may be liable; and execu- term in the division wherein the respective tion may be issued on such judgment as in cases are pending. other cases.

Any judge of said court shall have authorXVI. No record or paper filed shall be ity, at chambers in any division, to make all taken from the custody of the clerk, unless necessary orders respecting cases pending by order of the court, or by written consent in either division of said Northern departof the attorneys of record for all the parties. ment.

Kan.)

COURT RULES.

vii

Southern Department.

or

I. The court will meet in regular sessions, / portance of relation thereto. When error at the following times and places:

complained of is contained in the charge of At Fort Scott, on the first Tuesdays of the court, the specifications shall set out that March, June, and November.

part referred to totidem verbis, whether in At Wichita, on the first Tuesdays of Jan- the instructions given or instructions refused. uary, May, and October.

(3) A brief of the argument, exhibiting a At Garden uity, on the first Tuesdays of full statement of law or facts discussed February, September, and December.

therein, with the reference to the pages of the II. Every pleading filed with the clerk of record and the authorities relied upon in the court shall contain the following cap- support of each point. tion: Kansas court of appeals, Southern de- VIII. Counsel for defendant in error partment, designating the division of said appellee shall file with the clerk 10 printed court in which the same is so filed, followed copies of his brief, before the case is called by the names of the parties plaintiff and de- for hearing. His brief shall be of a like charfendant.

acter with that required of the plaintiff in III. No cause shall be docketed, nor process error or appellant, except that no specificaissued thereon, except causes wherein the tion of errors shall be required, and no statestate is appellant, until the plaintiff in error ment of the case, unless that presented by or appellant shall pay to the clerk $5, ad- the plaintiff in error or appellant is controvance fee; nor shall any civil cause be dock- verted. eted until security for costs shall be given, IX. In each civil cause, counsel for plainapproved by the clerk of the court, condi- tiff in error shall furnish a copy of his brief tioned for the payment of all costs for which to counsel for defendant in error at least 30 the plaintiff in error may be liable.

days before the time set for the argụment IV. Counsel for the plaintiff in error shall thereof; and the counsel for defendant in ernumber the pages of the petition in error ror shall furnish a copy of his brief to counand the record, before filing the same; and sel for plaintiff in error at least 10 days bethe clerk shall prepare for the court a copy fore the time set for the argument thereof. of the same, numbering the pages as in the Proof of service of the briefs must be filed original.

with the clerk of the court prior to the arguV. Not less than 60 days before the com- ment of the cause. mencement of each term, the clerk shall pre- In all criminal appeals in which the state pare and send to the attorneys interested a is a party, and in all civil causes in which printed copy of the trial docket for that term, the state is a party or in which any of its showing the day upon which each cause will property is involved, counsel shall serve their be heard.

briefs upon the attorney general as well as Causes will be assigned for hearing in their upon local counsel; such service to be made order upon the appearance docket, except as in civil cases. In case of a failure to as otherwise provided by law; but a cause comply with the requirements of this rule, may, upon motion filed therefor, be heard out the court may continue or dismiss the cause, of its regular order, for special and sufficient or affirm or reverse the judgment. reasons set out in such motion.

X. The clerk will deliver one copy of each All causes will be heard by the court up-brief to the state librarian, to be bound and on the day for which they are assigned. indexed and placed in the state library.

VI. A continuance in a civil cause, unless That the briefs may be of uniform size, and otherwise expressed in the order, will carry thus capable of being bound in uniform and it to the heel of the docket. A continuance convenient volumes, counsel are requested to in a criminal appeal will carry it to the next have such briefs printed in pages correspondassignment of causes.

ing in size and form to the pages of the VII. Counsel for plaintiff in error or ap- Kansas Reports. pellant shall file 10 printed briefs in each XI. Attorneys wishing to submit their causcase; six copies for the court, and four for es upon briefs, on the day they are assigned the reporter and librarian.

for hearing, may avoid the inconvenience of This brief shall contain, in order herè stat- personal attendance at court by filing a writed

ten order with the clerk to so submit. In all (1) A complete statement of the case, pre- such cases, their briefs, with proof of service, senting the questions involved, in the order must be on file. in which they are raised.

XII. One hour only, except with the con(2) Specification of the errors complained sent of the court, shall be consumed in the of, set out in separate paragraphs. When oral argument of a cause, by counsel for the error complained of consists in the ad- either party. Oral argument upon a motion mission or rejection of evidence, the specifi-| will be limited to 30 minutes on each side. cation shall state the full substance of the XIII. Every application for an order in any evidence admitted or rejected, and such oth- case shall be in writing, and shall be granter portions of the record as shows its im-led only upon the filing thereof, and due proof of service of notice on the adverse party or fore the first day of the next meeting of the bis attorneys, at least three days before the court in the division where the papers are hearing.

filed. XIV. All motions for rehearing of the de- XVIII. No mandate shall issue in any civil cision or judgment in any cause (except when case during the time allowed for the filing otherwise specially permitted) must be filed of a motion for rehearing, or pending the conwithin thirty (30) days after the decision or sideration thereof, unless specially ordered judgment is announced, and notice, together by the court. with a copy of said motion, forthwith served XIX. All attorneys admitted to practice in on the opposite party or his attorney; and the supreme court of Kansas shall be enall such motions will be set nown for hear-titled to practice in this court; and any ing at the heel of the docket at the first sit- practicing attorney of the district court will, ting of the court after service of the notice on motion, be admitted to practice in this of the motion. Such motion must distinctly court; and any practicing attorney of any specify the grounds upon which it is based, state or territory having professional busiand set out the mistake of facts or error of ness in this court may, on motion, be admitlaw complained of.

ted, upon taking the oath prescribed by law. XV. In all original actions in this court, All motions for the admission of attorneys no fees or costs will be allowed or taxed for must be presented to the court at the mornthe mileage of any witness for any distanco ing hour of its session, immediately after the outside of the county where the court is held, first call of the docket for the day. Each atunless the subpoena under which the wit- torney, on being admitted, shall pay $3 to ness attends has been issued upon the special the clerk, who shall furnish such attorney a order of the court, or a judge thereof.

certificate of admission and a printed copy of XVI. Execution on a judgment for costs

the rules. having been returned unsatisfied, the clerk Adopted at Fort Scott, Kan., March 19, may notify the securities for costs, or their 1895, by the Kansas court of appeals, Southexecutors or administrators, of such return, ern department. and that, unless said costs are paid within 10 days after receipt of said notice, a motion will be made for a judgment against them. Unless good cause shall be shown why the Rule Prescribed March 12, 1895, by same ought not to be done, judgment may

the Supreme Court Respecting Probe entered against said securities or their

ceedings in the Kansas Court of Apexecutors or administrators for the amount

peals for the Southern Department. remaining unpaid for which the plaintiff in error may be liable; and execution may be The court of appeals of the Southern deissued on such judgment as in other cases. partment may, at any regular term held in

XVII. No record or paper filed shall be tak- either division, grant orders, render decisions en from the custody of the clerk, unless by and deliver opinions in cases pending in eiorder of the court, or by written consent of ther of the other of said divisions; such orthe attorneys of record for all the parties. ders, decisions or opinions to be at once The clerk shall not permit any transcript or transmitted to the clerk of the court of the case-made to be taken from the files of his proper division and therein filed, with the office until the copy thereof, required by rule same legal effect as if originally made in 4 of this court, has been completed and com- term in the division wherein the respective pared. The clerk will allow no one, except cases are pending. the reporter of this court, to take an original Any judge of said court shall have authoropinion from the files of his office before such ity, at chambers in any division, to make opinion has been reported. All records and all necessary orders respecting cases pendpapers that may be taken from the clerk's ing in either division of said Southern de office must be returned at least 10 days be-partment.

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