SUPREME COURT RULES-UTAH. Rule 1. The clerk of this court shall keep his office at the place where sessions of this court are held. Three days before the first day of each term he shall prepare a calendar for each member of the court, and one for the bar wherein the causes brought into this court shall be entered in the following order, viz: (1) Causes arising under laws of the United States; (2) criminal causes arising under laws of the territory; (3) all other causes in the order of the filing of the transcript. In the title of all cases in this court, the plaintiff in the court below shall be first named, being called "appellant" or "respondent," as the case may be. | torneys of the respective parties, the fact and date thereof may be shown by any one of them by affidavit. Rule 5. For the purpose of correcting any error or defect in the transcript either party may suggest the same in writing to this court, specifying such error or defect, and obtain an order that the proper clerk certify the whole or part of the record, as may be required; or the same may be corrected by stipulation of counsel in open court before argument. If the attorney of the adverse party be not present, or if the fact of the alleged error or defect be controverted by him, the suggestion must be accompanied by an affidavit, showing the existence of the error or defect alleged. Rule 6. The appellant shall, within fifteen days after the filing of the transcript, prepare and file with the clerk eight copies of a printed abstract of the record in title of the cause, with the date of the filing of all papers in the court below, and a brief statement of the contents of each pleading, and shall set forth fully the substance of the pleadings and of the evidence, if any, and the points relied upon for the reversal of the judgment or decree; and appellant shall refer to the page numbers in the transcript on the margin of the abstract in such manner that orders, pleadings, and evidence referred to in the abstract may be easily found in the record. Rule 2. In all cases where an appeal shall be perfected, a transcript of the record shall be filed in this court within thirty days after such appeal shall have been perfected, unless further time is given by this court, or a justice thereof. This tran-each case, in which shall be set forth the script shall be certified to be correct by the attorneys of the respective parties or by the clerk of the court from which the appeal is taken. The pleadings, proceedings, and papers shall be chronologically arranged in the transcript, and the pages of said transcript shall be numbered, and the transcript shall be perfected with an alphabetical index, specifying the page on which each separate paper, pleading, proceeding, and the testimony of each witness is found: provided, that the appellant or his attorney may by præcipe indicate to the clerk what of the files of the cause shall be inserted in the transcript, and in such case, if the record shall be insufficient, it shall be perfected at his cost; and, if unnecessarily voluminous, the cost of the unnecessary parts shall be taxed against him. Rule 3. If the transcript be not filed within the time prescribed or allowed, the appeal may be dismissed, on motion, during the first week of the term, without notice, and at any time afterwards, upon notice. A cause so dismissed without notice may be restored during the same term on notice of five days to the adverse party, and for good cause shown; but, unless so restored, the dismissal shall be final. Rule 4. On such motion there shall be presented to the court the certificate of the clerk of the court below, under the seal of such court, certifying the amount or character of the judgment, the date of its rendition, the fact and date of the filing of the notice of appeal, and the fact, date, and mode of service thereof; the fact and date of the filing of the undertaking on appeal, and that the same is in due form, and also that appellant has received a certified transcript of the record, or that he has failed to request one, or has failed to pay the legal fees therefor, if the same were demanded; but, in case the transcript has been certified to be correct by the at Rule 7. The respondent's counsel may, if he be not satisfied with the abstract or abridgment of the record by the appellant's co nsel, within fifteen days after the same is filed, file with the clerk eight copies of such further abstract as he may deem necessary to a full understanding of the merits of the cause. Rule 8. In case the appellant shall neglect to file an abstract in compliance with the rules of this court, the opposite party may file the abstract and prepare the cause for a hearing ex parte, and have the costs taxed therefor, or the court may dismiss the appeal; and, if the abstract filed shall not present the parts of the record to which reference is made in the assignment of errors, the appeal may be dismissed. Rule 9. For good cause shown, the court or any justice thereof may extend the time for the filing of transcripts and abstracts. Rule 10. The attorney for the appellant shall serve on the attorney for the respondent a copy of his points and authorities, in the form of a printed brief, atleast ten days before the hearing; and within five days therefrom, the counsel for the respondent shall serve upon appellant's counsel a like copy of his points and authorities; and, before the hearing, the attorneys for each of the respective parties shall file with the clerk of this court eight copies of his brief; and the appellant, in his brief, shall plainly and distinctly set forth the particular errors upon which he relies for a reversal of the judgment of the court below. Rule 11. All abstracts of the record and briefs hereafter filed in this court shall be printed on unruled white paper of the size and style now used in the supreme court of the United States, and in small pica type, with one inch for margin; but, by leave of court or one of the justices thereof, a brief (and in criminal cases an abstract) of another character may be filed. Rule 12. All technical objections affecting the right of the appellant to be heard on the merits of a cause must be taken at the first term or adjourned term after the abstract is filed, and must be specified in writing, filed at least one day before the cause is called for argument, or will not be regarded. Such objections must be presented to the court before any argument upon the merits. Rule 13. Cases appealed into this court will not be heard at any particular term unless the abstract of the record shall be filed before the commencement of such term, or unless the appellant shall in writing present a satisfactory excuse for not having filed the abstract before the commencement of the term; but this rule shall not apply to cases docketed for the purpose of dismissal under the rules of this court. Rule 14. All motions shall be in writing, subscribed by counsel, and filed with the clerk; and, in cases where a notice of motion is required, the time prescribed therefor may be shortened by any justice of the court, as well as by the court. Rule 15. All stipulations and agreements of parties or their attorneys in respect to a cause shall be reduced to writing, signed by them, and filed with the clerk, or stated in open court, and entered by the clerk; otherwise the same will be disregarded. Counsel obtaining any order or judgment may be required by the clerk to furnish to him the form of the same. Rule 16. Any cause may be submitted on brief by stipulation, and either party may submit a cause on his behalf on brief filed, and without oral argument. Rule 17. Counsel for each party shall be allowed one hour, to be divided among associates, as they may desire, but the court, in special cases, will allow further time. Each defendant who appeared separately in the court below, and an intervenor, may be heard through his own counsel. Rule 18. All opinions of the court, after having been finally corrected, shall be filed and recorded by the clerk, and his fees therefor shall be taxed as a part of the costs. Rule 19. No papers shall be taken from the files of this court, except by leave of court, or one of the justices thereof; but appellants may withdraw the transcript of the record for the purpose of making an abstract, upon giving a receipt therefor to the clerk, and upon such withdrawal may retain the same for eight days, but no more, unless upon the written order of one of the justices of the supreme court. the respondent shall desire to make an ab If stract of the record, he may withdraw the transcript upon giving the like receipt, and retain the same for a like time; hut neither party shall withdraw the transcript more than once. Al records and papers of said court shall be open to inspection by the public, and any person may procure or make copies thereof. Rule 20. Application for rehearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points wherein it is alleged the court has erred; such petition to be filed within twenty days next after the filing of the opinion in the case. Counsel shall accompany such petition with a brief of the authorities relied upon in support thereof, and the certificate required by law. The filing of a petition for a rehearing shall suspend proceedings under the decision until the petition for a rehearing is disposed of. Upon the determination of a petition for a rehearing, or where, on notice to the party against whom the judgment is entered in any case, the party does not signify an intention to move for rehearing, the clerk shall issue remittitur to the court below, or, if an original proceeding, a copy of the final judgment, upon payment of the balance of costs, if any, due to the clerk in the cause. Rule 21. The clerks of district courts shall be entitled to receive the fees allowed by law for all transcripts of records, and also any balance of costs due in the cause, before delivering the same; except in criminal cases where the defendants are unable to pay for transcripts of the record, and the trial judge shall have ordered the same to be furnished without cost, and except in criminal cases where plaintiff is appellant. Rule 22. Whenever an action shall be brought into this court, the party so bringing the cause shall pay to the clerk the usual and reasonable deposit required by him to pay the costs as they accrue: provided, that, if upon the final determination of any cause there shall remain in the hands of the clerk any balance of deposit in excess of costs, it may be returned to the party entitled thereto. Rule 23. There shall be appointed at the beginning of each term of this court a standing committee of three members of the bar of this court, whose duty it shall be to examine and report in writing upon the qualifications of every applicant for admission to the bar of this court, who is required to be examined. Rule 24. Any party entitled, by reason of a personal interest, to ask for or to oppose any order, judgment, or decree in the probate court, may appeal from the order, judgment, or decree made by the court, adverse to him or his interest, to the district court of a judicial district embracing the county where such probate court is held, in all cases involving the probating or revoking the probate of a will, the administration of a decedent's estate, and in all cases of guardianship. All appeals from provisional or interlocutory orders shall be taken within thirty days from the entry of the same; and all appeals from the final decree or judgment declaring the validity or invalidity of a the same manner and to the same extent as in case of appeal to the supreme court from a district court: provided, that, in of appeal by an executor or administrator who has given official bonds, no additional undertaking need be given. [As adopted July 23, 1881.] will, or the final order on the administra- | cuting an undertaking or giving surety in tion of an estate by an executor, administrator, or guardian, shall be taken within one year after the entry thereof; and on appeal from such final order the appel-case late court shall have jurisdiction to review the entire proceeding from the beginning, and to affirm, modify, or reverse any and all orders or decrees therein which shall affect the substantial rights of the parties, and shall thereupon make such order or decree as to the court shall seem just, and may remand the case to the probate court in case of reversal or modification of its orders or decrees, or retain and exercise jurisdiction to complete the proceeding. [As adopted July 23, 1881.] Rule 25. Such appeal may be taken within sixty days after the order, decree, or judgment is made and entered, and shall be by filing with the clerk of such probate court a notice stating the appeal from the order, decree, or judgment, or some specific part or parts thereof, and by exe Rule 26. The trial of such appeal from the probate court shall be de novo in the district court; but, when the appellant in his notice specifies only some specific part or parts of an order, decree, or judgment appealed from, the trial in the district court shall be confined to the part or parts specified, and the balance of such order, decree, or judgment shall stand unaffected by such appeal. Appeals shall be allowed from the orders, decrees, and judgments of the district, in such appeal cases, to the supreme court, in the same manner and upon the same terms as provided by law in other cases. [As adopted July 23, 1881.] Adopted to.go into effect June 10, 1890. Albuquerque Nat. Bank v. Perea (N. M.).. 776 Baughman v. Hale (Kan.).... .1119 Barry. Ex parte (Cal.).. 256 5 Barsaloux, Denver, U. & P. Ry. Co. v. 458 (Colo.) 165 552 Barter's Estate, In re (Cal.).. 15 974 Barton, People v. (Cal.).. ..1117 788 Bate, McFarland v. (Kan.). 238 856 Aldrich, Babb v. (Kan.).. 558 Baum, In re (Mont.)... 99 Alexander v. Jackson (Cal.). Alhambra Addition Water Co. v. Mayberry (Cal.). ..1101 Bean, Cole v. (Ariz.). 538 899 .1109 9 167 672 859 48 128 633 55 Randall v. (Mont.). 953 Bennett, Brereton v. (Colo.).. Bennington, State v. (Kan.).. Benson v. Shotwell (Cal.)... 92 Benson v. Shotwell (Cal.)... 346 Berger, Allison v. (Okl.).. 310 91 249 681 511 86 Andressen v. Griffiths (Wash.)... Anglo-Nevada Assur. Corp., Quong Tue Annis v. Wilson (Colo.). Bergundthal v. Bailey (Colo.)... 58 Bermingham, City of Kansas City v. (Kan.) 569 304 Berson, Corson v. (Cal.). 853 Bichard, Porter v. (Ariz.).... 181 Bidwell v. Babcock (Cal.)... Bishop v. McKinley (Cal.).. 777 Bishop, Douglass v. (Kan.).. Arkansas Val. Agr. Soc. v. Eicholtz (Kan.) 613 Astoria & S. C. R. Co. v. Hill (Or.).. Atchison Union Depot & R. Co., Challiss v. (Kan.).. Avery v. Clark (Cal.). 50 Bissell, City of Girard v. (Kan.).... 379 Black Diamond Coal Min. Co., Taylor v. (Cal.).... 894 Blaisdell, Gammon v. (Kan.). 7 530 752 435 628 232 875 51 580 131 582 Blythe v. Denver & R. G. Ry. Co. (Colo.).. 702 1041 508 |