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NEW MEXICO-Supreme Court.
RULES OF COURT.
SUPREME COURT OF MONTANA.
The commissions and oaths of the justices 1. RECORD ON APPEAL. Appellant is and clerk of this court, and the attorney gen-charged with the duty of having the traneral, shall be recorded in the records of this script perfected and filed with the clerk of court.
this court, in accordance with the statute II.
and these rules.
2. TIME OF FILING. The record on apORIGINAL PROCEEDINGS.
peal shall be filed by the appellant with the
clerk of this court within sixty days after Proceedings commenced in this court orig- such appeal is perfected, and the bill of exinally to obtain writs of habeas corpus, in- ceptions or statement, if any to be used junction, review, mandate, quo warranto, and other remedial writs or orders, shall be therein, is settled, otherwise the appeal is
subject to dismissal. commenced and conducted in the manner
3. TIME EXTENDED IF DELAY IS prescribed by the Code of Civil Procedure WITHOUT APPELLANT'S LACHES. If it for the conduct of such proceedings in the appears that appellant filed his præcipe with district court.
the clerk of the trial court in reasonable The application for the issuance of any of time, directing the preparation of the tranthe above writs or orders, except babeas script, specifying the proper matter to be incorpus, must set forth, in addition to the cluded therein, înd the same was not preother requisite matters, the reasons which render it necessary that the writ should is- pared in time for filing in the appellate sue originally from this court, and the suffi- court, as required by these rules, and such
delay has been without laches on the part ciency or insufficiency of the reasons so set of appellant, his appeal will not be dismissforth will be determined by the court ined for such delay until reasonable time is alawarding or refusing the writ or order.
lowed for filing the record.
4. DISMISSAL FOR LACHES. But if it III.
appear that the præcipe requiring the prepaAPPEALS IN CRIMINAL CASES.
ration of the transcript was not filed in time
to allow the clerk of the trial court reason1. TIME AND MANNER. Appeals in able opportunity to prepare the same for criminal cases shall be taken within the filing in this court, according to the requiretime and in the manner prescribed in the ments of these rules; or if material and necPenal Code.
essary parts of the record are not called for 2. RECORD ON APPEAL. The record on by the præcipe, and no satisfactory excuse appeal must be either printed or typewrit- for such omission appears, the appeal may, ten, on paper of such uniform size and qual- in the discretion of the court, be dismissed ity, and having so much margin, and bound for such deliquency. in such manner, as will be designated by 5. MOTION TO DISMISS FOR LACHES. the clerk of the court on application. The Motion to dismiss an appeal for failure to parts of the record shall be chronologically file the record within the time required, arranged and indexed alphabetically. shall be accompanied by a certified copy of
3. APPLICATIONS FOR CERTIFICATE the notice of appeal, and præcipe if one OF PROBABLE CAUSE. Application for were filed; and a certificate of the clerk of the certificate of probable cause of appeal the trial court, showing whether the case provided for in section 2278, Penal Code, was originally instituted in the district may be made to a justice of this court only court, or was there on appeal from an inafter application and refusal thereof by the ferior court, and the nature, amount and judge of the court in which the conviction date of judgment or order appealed from; was had, or upon proof of his absence, or the date of filing notice and undertaking on inability to act, and upon at least three days' appeal; the date of service of such notice, notice to the county attorney. The appli- and showing whether appellant has requestcants shall produce at the hearing the pro- ed or received a duly certified transcript, posed record on appeal, or the settled bill of and the time of such request, or delivery exceptions, or certified copies thereof. thereof, as the case may be. No appeal shall 44 PAC.
be dismissed for failure to file the record venue and title may be indicated by the within the time required by these rules, un- words "title of cause." And likewiseless the motion to dismiss shall have been (a) Formal parts of depositions, i. e., nofiled, and notice thereof given, prior to the tices, interrogatories, certificates of officers filing of the record.
taking the same, signatures of witnesses, 6. SUGGESTION OF DIMINUTION. Nor etc., may be omitted, the substance of the shall the appeal be dismissed because the testimony contained in the depositions be transcript is imperfect, in not being pre-ing reduced to narrative form, subject to pared as directed by the præcipe; but this amendment and settlement by the trial court will, on suggestion of diminution, or judge, as in the case of other testimony. der the clerk of the trial court to correct the (b) So with deeds, mortgages, contracts, transcript, or supply the portions lacking, as and other exhibits, the endorsement thereon the case may require.
of certificates of acknowledgment and reRespondent may likewise make suggestion cording may be omitted, and only the maof diminution of record in any respect he terial part stated. may deem necessary; whereupon, if the sug- (c) All endorsements made by officers may gestion appears to be proper, an order will be omitted in preparing the record, except be made requiring such parts of the record the date of the filing of papers in the trial suggested to be certified to this court. court, which ought to appear in the record
7. CORRECTION OF ERROR IN REC- by simply noting "Filed -," giving the ORD. Either party may, in writing, suggest date of filing. error or defect, wherein the transcript does 13. INCORPORATION OF AN ORIGINAL not conform to the original, and, upon no EXHIBIT IN THE RECORD. Whenever tice to the adverse party, obtain an order of in the trial of an action or other proceeding, this court requiring the clerk of the trial finally appealed to this court, an exhibit of court having in custody the original record, a printed book or pamphlet, or other printed to either compare and correct the trans- or engraved matter, or of a model, drawing, script on file in this court, or certify a sup- map, trade mark, plans or illustrations, or plemental transcript of such parts of the other matter formed, drawn, printed or enrecord as may be thus questioned. If such graved, is introduced or offered in evidence, error or defect be disputed by the adverse and it is desired by either party to use the party, the suggestion must be verified in the same original exhibit as part of a statement manner required by law for verification of on motion for new trial, or of the case on appleadings.
peal, or in a bill of exceptions, such exhibit, 8. Transcripts must be fastened at the authenticated by a certificate of the judge of side and bound in pasteboard covers. Pages the trial court thereon or attached thereto, of transcript must not exceed thirteen may be brought to this court in its original inches in length by eight inches in width. form as introduced in evidence either bound in Manifold copies will not be allowed.
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 ar. ing 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 withdrawp; but any such exhibit not bound affidavit of each witness comprised therein. in the record may be withdrawn after deter
10. 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 Whenever the record contains a transcript be stricken out.
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, mo- 14. PROOF OF EXCEPTION WHERE tions, depositions, exhibits or other papers TRIAL COURT REFUSED TO ALLOW filed in the trial court, and made part of THE SAME. In case any judge of the disthe record on appeal, the same should be trict court fail or refuse, upon proper presenomitted in preparing the record, after once tation or request, to allow, settle and certify stating the venue and title, giving the names an exception, or statement of the case, in acof the parties in full, and thereafter the cordance with the facts and the law and