practice in such cases, the party aggrieved 4. RESPONDENT'S BRIEF. Counsel for may, within twenty days thereafter, present respondent shall file with the clerk seven to this court, or any two justices thereof, a printed copies of his brief and serve one upon petition verified by the oath of the party ag- counsel of appellant at least five days before grieved, or his attorney, setting forth the the day upon which case is set for hearing. facts in relation to such failure or refusal; His brief shall be of like character with that and thereupon this court, or such justices required of appellant, except that no specifithereof, will, if sufficient grounds appear | cation of the issues shall be required, and no therefor, issue an order granting leave to the statement of the case, unless that presented petitioner, to prove before a referee to be by the appellant is controverted. named in such order, or by depositions, to be taken in the manner prescribed by statute, the facts in relation to such exception, or bill of exceptions, or statement of the case, and the failure or refusal to allow, certify or settle the same.

A copy of such order shall be served on the adverse party to the action or proceeding, wherein such failure or refusal is alleged to have occurred, or his attorney, together with the notice of the time and place of taking such testimony.

V.

BRIEFS.

1. SIZE. Briefs shall be of uniform size, printed upon octavo pages, printed matter to cover space four by six inches, on pages not to exceed six and one-quarter inches by nine and one-half inches in size, on white writing paper.

2. TIME OF FILING AND SERVICE. The counsel of appellant shall file with the clerk of this court seven copies, and serve on opposite counsel one copy of a printed brief, at least thirty days before the day upon which the case is to be argued, except in cases advanced on calendar, in which cases briefs shall be filed and served by appellant within five days after the order of advancement.

3. CONTENTS OF BRIEF. The brief shall contain, in the order here stated: (1) A concise abstract or statement of the case presenting succinctly, the questions involved, and the manner in which they are raised, which abstract shall refer to the page numIbers in the transcript in such manner that pleadings, evidence, orders and judgment may be easily found. (2) A specification of errors relied upon, which shall set out separately and particularly each error asserted and intended to be urged. When the error alleged is to the admission or to the rejection of evidence the specification shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court the specifications shall set out the part referred to totidem verbis, whether it be instructions given or instructions refused. (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 page of the record, and the authorities relied upon in support of each point. (4) Citation of authorities shall be by the title of case, and volume and page of report.

5. Briefs which do not conform to these rules will be returned to counsel by the clerk without filing.

When,

6. FAILURE TO FILE BRIEFS. according to this rule, appellant is in default, the case may be dismissed on motion; and when a respondent is in default, he will not be heard except on consent of his adversary and by request of the court.

VI.

ORAL ARGUMENTS.

1. The appellant, in this court, shall be entitled to open and conclude the argument in the case; but when there are cross-appeals they should be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

2. Only two counsel will be heard for each party on the argument of the case. When no counsel appears for one of the parties, and no printed brief or argument is filed, only one counsel will be heard for the adverse party. But if a printed brief or argument is filed the adverse party will be entitled to be heard by two counsel.

3. One hour on each side will be allowed for the argument, and no more, without special leave of court granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side at their discretion, provided, always, that a fair opening of the case shall be made by the party having the opening and closing arguments.

VII.

TERM CALENDAR.

1. Cases shall be placed upon the calendar by the clerk in the order in which they are filed and docketed, but no cases shall be filed until the docket fees are paid.

2. SETTING CASES FOR ARGUMENT. As often as found convenient cases will be set for argument by the court, as reached in the order in which they stand upon the calendar, except such cases as are, after motion, determined to be entitled to precedence.

3. ADVANCEMENT OF CASES. Appeals in criminal cases, appeals from orders dissolving, or refusing to dissolve, granting or refusing to grant, writs of injunction; appeals from orders dissolving, or refusing to I dissolve, attachments; appeals from orders

or judgments holding appellant in custody; | appellate court, shall be stated in ypewritand all original proceedings are entitled to precedence, and will, upon motion of either party, be advanced on the calendar. 4. SHORT CAUSES. There will be placed upon the short cause docket:

5. SUBMISSION OF BRIEFS BY STIPU-ed out of the clerk's office more than ten LATION. Cases on appeal may be submitted on briefs at any time by filing stipulation of counsel to that effect, which cases will then be considered and determined when reached in chronological order.

XIII.

or evidence used on the hearing in the court below. Such applications will be heard ex

ASSESSMENT OF DAMAGES FOR AP- parte and without argument, and the court,

PEAL WITHOUT MERIT.

upon such record, will make such order in the premises as to it may seem proper.

XVII.

If the court is satisfied from the record, and the presentation of the appeal, that the same was taken without substantial or reasonable ground of error, or cause for relief, but apparently for purposes of delay only, such damage will be assessed on determination thereof as from the circumstances 1. ADMISSION UPON EXAMINATION. is deemed proper, to discourage the taking Examination of candidates for admission to of appeals solely for unreasonable and vexa-practice law in the courts of this state will tious delay.

Upon the receipt by the clerk of this court of a mandate from the supreme court of the United States in any case at law or in equity, theretofore taken from this court by writ of error or appeal to said supreme court, it shall be the duty of said clerk forthwith to issue under his hand and the seal of this court a temittitur to the district court of the district and county in which the judgment was rendered, commanding such court to take such action in the premises as by the mandate shall be proper, and said remittitur shall also contain therein a recital in hæc verba of the said mandate, and all the cost subsequent to the appeal from said district court shall be taxed in such remittitur.

xvi.

APPEALS FROM INJUNCTION
ORDERS.

ADMISSION OF ATTORNEYS.

be held in open court, in the court room, at 10 o'clock a. m. on the second days of the June and December terms of each year.

Any person desiring to enter for examination, must, at least ten days prior to the date of such examination, file with the clerk his verified petition, setting forth that he is a citizen of the United States, or a resident of this state who has bona fide declared his intention to become a citizen in the manner required by law, and that he is of the age of twenty-one years. He shall also file with his petition a certificate of two reputable counsellors at law that he has been engaged in the study of law for two successive years prior to the making of his application. He shall also file with his petition testimonials of his good moral character, which must be satisfactory to the court.

If the court is satisfied with the petition, and papers accompanying the same, the name of the applicant will be entered as a candidate for examination. He will be at once notified by the clerk of the acceptance or rejection of his application for examination.

The examination will be principally in writing. All candidates will be required at the commencement of the examination to state, upon their honor, that they will not seek or accept aid from any one in answering questions, or tender or render any such aid to another; that they will not consult any books or persons during any recess that may be granted, and that they will not remove from the court room any of the examination papers, or make copies of any of the same.

Examinations will be strict both as to elementary principles and the Codes and practice of this state.

The work of all candidates will be examined, and the results announced as soon as practicable.

2. ADMISSION OF ATTORNEYS FROM OTHER JURISDICTIONS. Section 394 of Upon appeal from injunction orders, if the the Code of Civil Procedure, 1895, is as folappellant desires to continue in force the in- lows: "Every citizen of the United States, Junction order dissolved by the district court, or person resident of this state who has or to obtain such an injunction order pend- bona fide declared his or her intention to ing the determination of the appeal, he shall become a citizen in the manner required by file in this court his sworn application, set- law, who has been admitted to practice law ting forth the proceedings appealed from, in the highest court of another state, or of and the relief desired, and present with it a foreign country, where the common law of to this court a certified copy of the affidavits England constitutes the basis of jurispru

cant for admission from another jurisdiction has not practiced his profession for a con

dence, may be admitted to practice in the courts of this state upon the production of his or her license, and satisfactory evidence | siderable period, or if from any other reaof good moral character; but the court may examine the applicant as to his or her qualifications."

Candidates for admission under this section may make application in open court at any time. Application must be made upon motion of some counsellor of this court, and upon the verified petition of the applicant, showing the facts recited in section 394, Code of Civil Procedure, and also:

son, the court is of opinion that he should be required to pass an examination as to his qualifications, if his application in other respects conforms to the requirements for admission of attorneys from other jurisdictions, his name will be entered in the list of candidates for the next ensuing examination.

(f) Every attorney admitted to practice must, before his certificate is issued to him by the clerk, take an oath to support the constitution of the United States, and the constitution of the state of Montana, and to faithfully discharge the duties of an attor

(a) Where, with whom, and the period of time the petitioner studied law, and where he was first admitted to practice; all places in which, and the period of time he has practiced as attorney or counsellor at lawney and counsellor at law with fidelity, to elsewhere than in this state.

(b) Whether or not any proceedings for his disbarment, or criminal charges have been instituted or prosecuted against him in any jurisdiction, and if so, a statement of the time, place, circumstances, and result thereof. And

the best of his knowledge and ability. A certificate of his oath must be endorsed upon the license issued to the attorney, and a duplicate filed with the clerk.

(g) All attorneys admitted to practice must sign the roll of attorneys kept by the clerk of the court, before the license is issued to him.

(c) Such certificate must be accompanied by a certificate of the presiding judge of the 3. OBJECTIONS TO THE ADMISSION highest trial court of record in which the pe- OF APPLICANTS. Objection to the admistitioner last practiced, attested under the sion of an applicant to practice law in the seal of said. court, showing that the peti- courts of this state, may be made by any tioner was of good reputation, and trust-person filing with the clerk of this court a worthy in the practice of his profession as statement setting forth the grounds thereattorney and counsellor at law in such ju- of; and thereupon, if such objection is deemrisdiction, which petition and certificate lasted of sufficient weight, investigation thereof mentioned shall be led and preserved in will be made in such manner as the court the office of the clerk of this court. deems appropriate.

(d) All such applicants for admission shall be personally present in court when the motion is made.

These rules shall take effect upon January 1st, 1896, on which day all other rules will

(e) If, by reason of the fact that an appli- be considered repealed.