RULES OF COURT. SUPREME COURT OF MONTANA. I. RECORD OF OFFICIAL COMMISSIONS. The commissions and oaths of the justices and clerk of this court, and the attorney general, shall be recorded in the records of this court. II. ORIGINAL PROCEEDINGS. Proceedings commenced in this court originally to obtain writs of habeas corpus, injunction, review, mandate, quo warranto, and other remedial writs or orders, shall be commenced and conducted in the manner prescribed by the Code of Civil Procedure for the conduct of such proceedings in the district court. The application for the issuance of any of the above writs or orders, except habeas corpus, must set forth, in addition to the other requisite matters, the reasons which render it necessary that the writ should issue originally from this court, and the sufficiency or insufficiency of the reasons so set forth will be determined by the court in awarding or refusing the writ or order. III. APPEALS IN CRIMINAL CASES. 1. TIME AND MANNER. Appeals in criminal cases shall be taken within the time and in the manner prescribed in the Penal Code. 2. RECORD ON APPEAL. The record on appeal must be either printed or typewritten, on paper of such uniform size and quality, and having so much margin, and bound in such manner, as will be designated by the clerk of the court on application. The parts of the record shall be chronologically arranged and indexed alphabetically. 3. APPLICATIONS FOR CERTIFICATE OF PROBABLE CAUSE. Application for the certificate of probable cause of appeal provided for in section 2278, Penal Code, may be made to a justice of this court only after application and refusal thereof by the judge of the court in which the conviction was had, or upon proof of his absence, or inability to act, and upon at least three days' notice to the county attorney. The applicants shall produce at the hearing the proposed record on appeal, or the settled bill of exceptions, or certified copies thereof. 3. TIME EXTENDED IF DELAY IS WITHOUT APPELLANT'S LACHES. If it appears that appellant filed his præcipe with the clerk of the trial court in reasonable time, directing the preparation of the transcript, specifying the proper matter to be in cluded therein, and the same was not pre pared in time for filing in the appellate court, as required by these rules, and such of appellant, his appeal will not be dismissdelay has been without laches on the part ed for such delay until reasonable time is allowed for filing the record. 4. DISMISSAL FOR LACHES. But if it appear that the præcipe requiring the preparation of the transcript was not filed in time to allow the clerk of the trial court reasonable opportunity to prepare the same for filing in this court, according to the requirements of these rules; or if material and necessary parts of the record are not called for by the præcipe, and no satisfactory excuse for such omission appears, the appeal may, in the discretion of the court, be dismissed for such deliquency. 5. MOTION TO DISMISS FOR LACHES. Motion to dismiss an appeal for failure to file the record within the time required, shall be accompanied by a certified copy of the notice of appeal, and præcipe if one were filed; and a certificate of the clerk of the trial court, showing whether the case was originally instituted in the district court, or was there on appeal from an inferior court, and the nature, amount and date of judgment or order appealed from; the date of filing notice and undertaking on appeal; the date of service of such notice, and showing whether appellant has requested or received a duly certified transcript, and the time of such request, or delivery thereof, as the case may be. No appeal shall be dismissed for failure to file the record within the time required by these rules, unless the motion to dismiss shall have been filed, and notice thereof given, prior to the filing of the record. 6. SUGGESTION OF DIMINUTION. Nor shall the appeal be dismissed because the transcript is imperfect, in not being prepared as directed by the præcipe; but this court will, on suggestion of diminution, order the clerk of the trial court to correct the transcript, or supply the portions lacking, as the case may require. Respondent may likewise make suggestion of diminution of record in any respect he may deem necessary; whereupon, if the suggestion appears to be proper, an order will be made requiring such parts of the record suggested to be certified to this court. 7. CORRECTION OF ERROR IN RECORD. Either party may, in writing, suggest error or defect, wherein the transcript does not conform to the original, and, upon notice to the adverse party, obtain an order of this court requiring the clerk of the trial court having in custody the original record, to either compare and correct the transscript on file in this court, or certify a supplemental transcript of such parts of the record as may be thus questioned. If such error or defect be disputed by the adverse party, the suggestion must be verified in the manner required by law for verification of pleadings. venue and title may be indicated by the (b) So with deeds, mortgages, contracts, and other exhibits, the endorsement thereon of certificates of acknowledgment and recording may be omitted, and only the material part stated. (c) All endorsements made by officers may be omitted in preparing the record, except the date of the filing of papers in the trial court, which ought to appear in the record by simply noting "Filed -," giving the date of filing. 13. INCORPORATION OF AN ORIGINAL EXHIBIT IN THE RECORD. Whenever in the trial of an action or other proceeding, finally appealed to this court, an exhibit of a printed book or pamphlet, or other printed or engraved matter, or of a model, drawing, map, trade mark, plans or illustrations, or other matter formed, drawn, printed or engraved, is introduced or offered in evidence, and it is desired by either party to use the same original exhibit as part of a statement on motion for new trial, or of the case on appeal, or in a bill of exceptions, such exhibit, authenticated by a certificate of the judge of the trial court thereon or attached thereto, may be brought to this court in its original form as introduced in evidence either bound in the transcript of the record on appeal, if con9. ARRANGEMENT AND INDEX. The venient so to do, or as an exhibit accompanyrecord on appeal shall be chronologically aring such record to this court properly authenranged, and contain an index, showing the ticated and certified. Any such exhibit bound page of each pleading, document, exhibit, or- in the record filed in this court shall not be der and proceeding, and the testimony or withdrawn; but any such exhibit not bound affidavit of each witness comprised therein. in the record may be withdrawn after deter10. TESTIMONY TO BE IN NARRATIVE mination of the case by order of the court or FORM. The testimony shall be reduced to any justice thereof. narrative form, and if not so reduced may be stricken out. 8. Transcripts must be fastened at the side and bound in pasteboard covers. Pages of transcript must not exceed thirteen inches in length by eight inches in width. Manifold copies will not be allowed. Whenever the record contains a transcript of any document, writing, map, drawing, en11. IDENTIFICATION OF MATTER RE-graving, or printed matter, which was introFERRED TO IN EXCEPTIONS OR MO-duced in evidence in a case brought to this TIONS. Where an exception refers to mat- court on appeal, and it is deemed expedient ter in pleadings, evidence or other proceed- to have the same here for examination in the ings, which the court struck out, or refused original form, an order will be made requirto strike out, on motion, such exception or ing the officer or party having the same in motion must either recite the matter in ques- custody to place such original exhibit in the tion or be made to refer to the same mat- custody of the clerk of this court. Any such ter by page and line, as it appears in the exhibit may be withdrawn by the party entitranscript. tled to the custody thereof, after determina12. FORMAL PARTS OF PAPERS OMIT-tion of the appeal, by application to the clerk TED. Unless some question is predicated of this court. upon the formal parts of pleadings, motions, depositions, exhibits or other papers filed in the trial court, and made part of the record on appeal, the same should be omitted in preparing the record, after once stating the venue and title, giving the names of the parties in full, and thereafter the 14. PROOF OF EXCEPTION WHERE TRIAL COURT REFUSED TO ALLOW THE SAME. In case any judge of the district court fail or refuse, upon proper presentation or request, to allow, settle and certify an exception, or statement of the case, in accordance with the facts and the law and |