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COURT RULES.

KANSAS COURT OF APPEALS.

Northern Department.

I. The court will meet in regular sessions, as follows:

on,

(2) A specification of the errors relied upset 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 specifica

At Concordia, on the first Tuesdays of Jan- tion shall quote the full substance of the evidence admitted or rejected. When the uary, May, and October.

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 referred to totidem verbis, whether it be in instructions given or in instructions refused.

II. No cause shall be docketed, nor process issued thereon, except causes wherein the state is appellant, until the plaintiff in error or appellant shall pay to the clerk $5, advance fee; nor shall any civil cause be docketed until security for costs shall be given, approved by the clerk of the court, conditioned for the payment of all costs for which the plaintiff in error may be liable.

III. Counsel for the plaintiff in error shall number the pages of the petition in error and the record, before filing the same; and the clerk shall prepare for the court a copy of the same, numbering the pages as in the original.

IV. Sixty days before the commencement of each term, the clerk shall prepare and send to the attorneys interested a printed copy of the trial docket for that term, showIng the day upon which each cause will be heard.

Causes W be assigned for hearing in their order upon the appearance docket, except as otherwise provided by law; but a cause may, upon motion filed therefor, be heard out of its regular order, for special and sufficient reasons set out in such motion. All causes will be heard by the court upon the day for which they are assigned.

V. A continuance in a civil cause, unless otherwise expressed in the order, will carry it to the heel of the docket. A continuance in a criminal appeal will carry it to the next assignment of causes.

VI. Counsel for plaintiff in error or appellant shall file 10 printed briefs in each case; six copies for the court, and four for the reporter and librarian.

This brief shall contain, in order here stated

(1) A concise abstract, or statement of the case, presenting succinctly the questions involved, in the manner in which they are raised.

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(3) A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point.

VII. Counsel for defendant in error or appellee shall file with the clerk 10 printed copies of his brief, before the case is called for hearing. His brief shall be of a like character with that required of the plaintiff in error or appellant, except that no specification of errors shall be required, and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted.

VIII. In each civil cause, counsel for plaintiff in error shall furnish a copy of his brief to counsel for defendant in error at least 30 days before the time set for the argument thereof; and the counsel for defendant in error shall furnish a copy of his brief to counsel for plaintiff in error at least 10 days before the time set for the argument thereof. Proof of service of the briefs must be filed with the clerk of the court prior to the argument of the cause.

In all criminal appeals in which the state is a party, and in all civil causes in which the state is a party or in which any of its property is involved, counsel shall serve their briefs upon the attorney general as well as upon local counsel; such service to be made as in civil cases. In case of a failure to comply with the requirements of this rule, the court may continue or dismiss the cause, or affirm or reverse the judgment.

IX. The clerk will deliver one copy of each brief to the state librarian, to be bound and indexed and placed in the state library. That the briefs may be of uniform size, and thus capable of being bound in uniform and convenient volumes, counsel are requested

to have such briefs printed in pages corresponding in size and form to the pages of the Kansas Reports.

X. Attorneys wishing to submit their causes upon briefs, on the day they are assigned for hearing, may avoid the inconvenience of personal attendance at court by filing a written order with the clerk to so submit. In all such cases, their briefs, with proof of service, must be on file.

XI. One hour only, except with the consent of the court, shall be consumed in the oral argument of a cause, by counsel for either party. Oral argument upon a motion

will be limited to 30 minutes on each side. XII. Every application for an order in any case shall be in writing, and shall be granted only upon the filing thereof, and due proof of service of notice on the adverse party or his attorneys, at least three days before the hearing.

XIII. All motions for rehearing of the decision or judgment in any cause (except when otherwise specially permitted) and copy of said motion must be filed within thirty (30) days after the decision or judgment is announced, and notice forthwith served on the opposite party or his attorney; and all such motions will be set down for hearing at the heel of the docket at the first sitting of the court after service of the notice of the motion. Such motion must specify distinctly the grounds upon which it is based, and set out the mistake of facts or error of law complained of.

XIV. In all original actions in this court, no fees or costs will be allowed or taxed for 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 special order of the court, or a judge thereof.

XV. Execution on a judgment for costs having been returned unsatisfied, the clerk may notify the securities for costs, or their executors or administrators, of such return, 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. If good cause shall not be shown why the same ought not to be done, judgment may be entered against said securities or their executors or administrators for the amount remaining unpaid for which the plaintiff in error may be liable; and execution may be issued on such judgment as in other cases.

The clerk shall not permit any transcript or case-made to be taken from the files of his office until the copy thereof, required by rule 3 of this court, has been completed and compared. The clerk will allow no one, except the reporter of this court, to take an original opinion from the files of his office before such opinion has been reported. All records and papers that may be taken from the clerk's office must be returned at least 10 days before the first day of the next meeting of the court in the division where the papers are filed.

XVII. No mandate shall issue in any civil case during the time allowed for the filing of a motion for rehearing, or pending the consideration thereof, unless specially ordered by the court.

XVIII. All attorneys admitted to practice in the supreme court of Kansas shall be entitled to practice in this court; and any practicing attorney of the district court will, on motion, be admitted to practice in this court; and any practicing attorney of any state or territory having professional business in this court may, on motion, be admitted, upon taking the oath prescribed by law. All motions for the admission of attorneys must be presented to the court at the morning hour of its session, immediately after the first call of the docket for the day. Each attorney, on being admitted, shall pay three dollars to the clerk, who shall furnish such attorney a certificate of admission and a printed copy of the rules.

Adopted March 12, 1895, by the Kansas court of appeals, Northern department.

Rule Prescribed March 12, 1895, by the Supreme Court Respecting Proceedings in the Kansas Court of Appeals for the Northern Department.

The court of appeals for the Northern department may, at any regular term held in either division, grant orders, render decisions and deliver opinions in cases pending in either of the other of said divisions; such orders, decisions or opinions to be at once transmitted to the clerk of the court of the proper division and therein filed, with the same legal effect as if originally made in term in the division wherein the respective cases are pending.

Any judge of said court shall have authority, at chambers in any division, to make all necessary orders respecting cases pending in either division of said Northern depart

XVI. No record or paper filed shall be taken from the custody of the clerk, unless by order of the court, or by written consent of the attorneys of record for all the parties. ment.

Southern Department.

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 City, on the first Tuesdays of full statement of law or facts discussed February, September, and December.

II. Every pleading filed with the clerk of the court shall contain the following caption: Kansas court of appeals, Southern department, designating the division of said court in which the same is so filed, followed by the names of the parties plaintiff and defendant.

therein, with the reference to the pages of the record and the authorities relied upon in support of each point.

VIII. Counsel for defendant in error or appellee shall file with the clerk 10 printed copies of his brief, before the case is called for hearing. His brief shall be of a like character with that required of the plaintiff in error or appellant, except that no specification of errors shall be required, and no statement of the case, unless that presented by the plaintiff in error or appellant is contro

III. No cause shall be docketed, nor process issued thereon, except causes wherein the state is appellant, until the plaintiff in error or appellant shall pay to the clerk $5, advance 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, conditioned for the payment of all costs for which the plaintiff in error may be liable.

IV. Counsel for the plaintiff in error shall number the pages of the petition in error and the record, before filing the same; and the clerk shall prepare for the court a copy of the same, numbering the pages as in the original.

V. Not less than 60 days before the commencement of each term, the clerk shall prepare and send to the attorneys interested a printed copy of the trial docket for that term, showing the day upon which each cause will be heard.

tiff in error shall furnish a copy of his brief to counsel for defendant in error at least 30 days before the time set for the argument thereof; and the counsel for defendant in error shall furnish a copy of his brief to counsel for plaintiff in error at least 10 days before the time set for the argument thereof. Proof of service of the briefs must be filed With the clerk of the court prior to the argument of the cause.

In all criminal appeals in which the state is a party, and in all civil causes in which the state is a party or in which any of its property is involved, counsel shall serve their briefs upon the attorney general as well as upon local counsel; such service to be made as in civil cases. In case of a failure to comply with the requirements of this rule, the court may continue or dismiss the cause,

Causes will be assigned for hearing in their order upon the appearance docket, except as otherwise provided by law; but a cause may, upon motion filed therefor, be heard out 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.

VI. A continuance in a civil cause, unless otherwise expressed in the order, will carry it to the heel of the docket. A continuance in a criminal appeal will carry it to the next assignment of causes.

VII. Counsel for plaintiff in error or appellant shall file 10 printed briefs in each case; six copies for the court, and four for the reporter and librarian.

indexed and placed in the state library. That the briefs may be of uniform size, and thus capable of being bound in uniform and convenient volumes, counsel are requested to have such briefs printed in pages corresponding in size and form to the pages of the Kansas Reports.

XI. Attorneys wishing to submit their causes upon briefs, on the day they are assigned for hearing, may avoid the inconvenience of

This brief shall contain, in order here stat- personal attendance at court by filing a writed

(1) A complete statement of the case, presenting the questions involved, in the order in which they are raised.

ten order with the clerk to so submit. In all such cases, their briefs, with proof of service, must be on file.

XII. One hour only, except with the consent of the court, shall be consumed in the oral argument of a cause, by counsel for either party. Oral argument upon a motion will be limited to 30 minutes on each side.

(2) Specification of the errors complained of, set out in separate paragraphs. When the error complained of consists in the admission or rejection of evidence, the specification 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-ed only upon the filing thereof, and due proof

of service of notice on the adverse party or his attorneys, at least three days before the hearing.

XIV. All motions for rehearing of the decision or judgment in any cause (except when otherwise specially permitted) must be filed within thirty (30) days after the decision or judgment is announced, and notice, together with a copy of said motion, forthwith served on the opposite party or his attorney; and all such motions will be set own for hearing at the heel of the docket at the first sitting of the court after service of the notice of the motion. Such motion must distinctly specify the grounds upon which it is based, and set out the mistake of facts or error of law complained of.

XV. In all original actions in this court, no fees or costs will be allowed or taxed for 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 special order of the court, or a judge thereof.

XVI. Execution on a judgment for costs having been returned unsatisfied, the clerk may notify the securities for costs, or their executors or administrators, of such return, 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 same ought not to be done, judgment may be entered against said securities or their executors or administrators for the amount remaining unpaid for which the plaintiff in error may be liable; and execution may be issued on such judgment as in other cases.

fore the first day of the next meeting of the court in the division where the papers are filed.

XVIII. No mandate shall issue in any civil case during the time allowed for the filing of a motion for rehearing, or pending the consideration thereof, unless specially ordered by the court.

XIX. All attorneys admitted to practice in the supreme court of Kansas shall be entitled to practice in this court; and any practicing attorney of the district court will, on motion, be admitted to practice in this court; and any practicing attorney of any state or territory having professional business in this court may, on motion, be admitted, upon taking the oath prescribed by law. All motions for the admission of attorneys must be presented to the court at the morning hour of its session, immediately after the first call of the docket for the day. Each attorney, on being admitted, shall pay $3 to the clerk, who shall furnish such attorney a certificate of admission and a printed copy of the rules.

Adopted at Fort Scott, Kan., March 19, 1895, by the Kansas court of appeals, Southern department.

Rule Prescribed March 12, 1895, by the Supreme Court Respecting Proceedings in the Kansas Court of Appeals for the Southern Department.

The court of appeals of the Southern department may, at any regular term held in either division, grant orders, render decisions and deliver opinions in cases pending in either of the other of said divisions; such orders, decisions or opinions to be at once transmitted to the clerk of the court of the proper division and therein filed, with the same legal effect as if originally made in term in the division wherein the respective cases are pending.

XVII. No record or paper filed shall be taken from the custody of the clerk, unless by order of the court, or by written consent of the attorneys of record for all the parties. The clerk shall not permit any transcript or case-made to be taken from the files of his office until the copy thereof, required by rule 4 of this court, has been completed and compared. The clerk will allow no one, except 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 deoffice must be returned at least 10 days be-partment.

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