COURT RULES SUPREME COURT OF NEBRASKA cised except in cases of grave import and serious urgency; and may also advance cases where it is apparent that if not advanced, the litigation may be fruitless. 1. SITTINGS OF THE COURT.-The reg- | interest; but this power will not be exerular public sessions of this court will be held on the first and third Mondays of each month at 9 o'clock a. m., standard time, during each term, except at the beginning of the respective terms, when the first day of the session shall be on Tuesday. 2. SUBMISSION OF CASES.-A cause shall be regarded as regularly reached for submission at the expiration of the time hereinafter provided for the service and filing of briefs. a 3. DEFAULTS.-Whenever cause is reached and the brief of the party having the affirmative is not on file, the judgment will be affirmed or the proceedings dismissed, unless otherwise ordered on sufficient showing. When default has been made by the other party and there is due proof of service of process and the briefs of the party holding the affirmative are on file with proof of service thereof within the time provided by rule 9, he may proceed ex parte. The hearing of no cause shall be delayed by default of either party in serving or filing briefs. To avoid such result the case will be disposed of as if the delinquent party's brief had not been served and filed; provided that the court may under special circumstances and on suitable terms otherwise or der. 4. ORDER OF HEARING.-The court, in advance, shall, by order, designate what cases shall be submitted and when, having reference to the order of time in which such cases were originally docketed. Advanced cases and cases in which rehearings shall have been granted will be placed on the call for the sitting of court next following the expiration of the time for serving briefs as provided by the rules. 5. ADVANCEMENT OF CASES.-Criminal cases will stand advanced for hearing without motion. The court will, on motion, which motion shall be submitted without argument, advance for hearing cases which | have previously been regularly upon the docket of the court. The court will likewise advance cases within the original concurrent jurisdiction of this court, which have been prosecuted in the district court and brought to this court by appellate proceedings. The court may also in its discretion advance other cases if they involve questions of public 6. TIME FOR ORAL ARGUMENT.-In the oral argument of a cause, the time allowed the parties on each side shall not exceed thirty minutes, unless for special reasons the court shall extend the time. Oral arguments on a motion will be limited to five minutes on a side. 7. MOTIONS. a. Notice of-Every application for an order in any case shall be in writing, and except as to motions for a rehearing, shall be granted only upon the filing of such application at least two days before the hearing, together with due proof of service of notice on the adverse party or his attorneys at least three days before the hearing. Motions will be heard only during the first week of each sitting of the court. b. Form of-The notice herein provided for shall conform to the provisions of section 574 of the Code of Civil Procedure and shall be accompanied by a copy of the motion with copies of all affidavits which are to be used upon the hearing. It may be served by a bailiff of this court, or by any sheriff or constable in this state, or by any person; in the latter case, however, the return must be under oath. Fees for service of said notice shall be allowed and taxed as for the service of summons in proper cases. c. Mandamus-Notice-In all cases of application to this court for a writ of mandamus, a reasonable notice must be given to the respondent of the time when it will be made, accompanied by a copy of the affidavit on which it is based, unless for special reasons it is otherwise ordered. d. For rehearing-All motions for rehearing must be printed and may be filed as of course at any time within forty days from the filing of the opinion or rendition of the judgment of the court in the case. Such motion must specify distinctly the grounds upon which it is based and include the brief in support thereof. Fifteen copies must be filed with the clerk. In original cases where the error assigned is that the court erred as to the legal principles involved or in its application of the law to the facts, the foregoing provisions shall apply; but as to all other assignments the motion must be made | court upon satisfactory showing of diligence as provided in section 316 of the Code, and and at his own costs. may be typewritten. g. How printed—All briefs shall be printed on good book paper on pages eight inches wide and eleven inches long, small pica type, 8. MANDATES.-No mandate shall issue in any civil case during the time allowed for the filing of a motion for rehearing, or pend-leaded lines; the printed matter to be four ing the consideration thereof, unless specially ordered by the court, or stipulated by the parties. 9. BRIEFS. a. Time of service-At the time of docketing each civil case the clerk of this court shall estimate the probable date on which the same will be reached for hearing, and thereupon fix and enter on the appearance docket the time, to be known as rule day, within which the plaintiff, appellant or relator shall serve his brief of points which shall be separately stated and numbered, together with his citations in support thereof on the opposite party or his attorney of record, which rule day shall be not less than ninety days before the date of hearing so estimated by the clerk. Within sixty days after rule day or within sixty days after such service the opposite party shall serve his brief on the first party who may reply thereto within ten days thereafter, at his own expense, except in case of cross-appeal when costs shall be taxed as usual for the answer brief of cross-appellee. b. Criminal cases-In criminal cases the fortieth day after the docketing of the case shall be rule day, by which day the plaintiff in error shall serve his brief. The state shall serve its brief in thirty days thereafter. c. Advanced cases-In advanced cases rule day shall be the thirtieth day after the order of advancement is entered, unless the court shall otherwise order, by which day the appellant shall serve his brief. Appellee shall serve his brief in thirty days thereafter. d. When filed-Fifteen copies of each brief so prepared by either party, together with proof of service of the same on the opposite party, shall be filed in the clerk's office before the case is submitted. inches wide and seven inches long, with a margin of two inches on each side and end; but the type in which extracts are printed may be small pica solid or brevier leaded. The heading of each brief shall show the title of the cause, the county from which the cause was brought, the name of the trial judge, the names of counsel filing the brief and shall also indicate in whose behalf the brief is filed. h. References and citations-Each brief shall by number designate the several pages of the record containing matter bearing upon the questions discussed in such brief. Every reference to an adjudicated case shall be by the title thereof, as well as by the volume and page where it may be found, and the particular edition of any text-book referred to must be given in connection with the cited page or section thereof. j. Cost of printing-When the parties or their attorneys shall furnish their printed briefs and abstracts in conformity to the rules of this court, it shall be the duty of the clerk to tax a printer's fee at the rate of one dollar for every five hundred words embraced in a single copy of the same, against the unsuccessful party, not furnishing the same, to be collected and paid to the successful party as other costs. No costs shall be taxed for printing briefs or abstracts not printed, served and filed in conformity with the foregoing rules. When unnecessary costs have been made by either party the court will, upon application, order the same to be taxed to the party making them, without reference to the disposition of the case. 10. SECURITY FOR COSTS.-In each case brought to this court the appellant, or relator, shall, before the entry of the same e. On rehearing-Within thirty days after upon the docket, give security for costs by a rehearing has been allowed, the party hold-filing a bond in the sum of $50.00 with one ing the affirmative may serve a printed brief of his points and citations on the opposite ment of the costs of this court, which bond, or more sureties, conditioned for the payin cases brought on error or appeal, must be approved by the clerk of this court. obligation of the surety shall be complete, The party or his attorney of record, by whom in turn a like brief in answer may be served within thirty days after the service of the simply by endorsing the summons in error first required brief, or after the service of a notice that the party holding the affirmative formal bond for costs, and such surety shall or notice of appeal, or by the execution of a will stand on his original brief, to which an- be bound for the payment of all costs which swer brief the first party may reply within ten days at his own expense. Fifteen copies relator, whether either of them obtain judgmay be adjudged against the appellant, or of each brief so prepared and served on re-ment or not, and after final judgment this hearing, together with proof of service, shall court on motion of the appellee, or respondbe filed in the clerk's office before the case is ent, or any other person having a right to submitted. f. Leave to file-A party in default for want of briefs shall only be permitted to serve and file them out of time by leave of such costs, or any part thereof, after ten days' notice of such motion, may enter up judgment in the name of the appellee, or the respondent, or the legal representatives of ei notice of appeal has been filed in the district court within ninety days after the rendition of the judgment or decree, the clerk shall issue a notice of appeal which shall designate as appellants the names of the parties joining in the appeal, and as appellees the names of all other parties. It shall also designate the court from which the appeal is taken, the date of judgment appealed from and separately state the names of the parties plaintiff and the parties defendant respectively in the district court. The notice shall be returnable within thirty days after it is issued, and shall be served upon the appellees named therein or their attorney or attorneys of record in the district court. The service shall be made by the sheriff of the county in which the parties or attorneys may be found and as provided by law for the service of summons in civil actions in the district court. The issuing and service of the notice may be waiv ther, against the surety for costs, his executors, or administrators for the amount of the costs adjudged against the appellant, or the relator, or so much thereof as may remain unpaid, and for accruing costs. Execution may be issued on such judgment, as in other cases for the use and benefit of the persons entitled to such costs. But these provisions shall not apply in causes where a bond or undertaking has been filed in the court below, in accordance with the provisions of sections 588 and 677 of the Code of Civil Procedure, where such bond is conditioned to pay costs, but in such causes the transcript filed must show the giving of such bond or undertaking, with the names of the sureties thereon. Besides the security for costs above required to be given when cause is docketed, the party docketing such cause shall deposit with the clerk $10.00 to cover clerk's costs that may be made by such party in the cause; and if the deposit shall at any time be ex-ed by writing, signed by the parties to be servhausted by the party making the same, the clerk may from time to time require such party to deposit a further sum of $5.00. Upon the termination of a cause any sum re15. ATTORNEYS OF RECORD BELOW maining from such deposit not applicable to ATTORNEYS IN THIS COURT.-The attorthe clerk's costs incurred by the party mak-neys of record and guardians ad litem of the ing the deposits shall be returned to him. respective parties in the court below shall be 11. CAPITAL CASES-SUSPENSION OF deemed the attorneys and guardians of the SENTENCE.—In all criminal cases brought same parties respectively in this court, until on error to this court, where it appears that others are retained or appointed and notice the court below has passed sentence of death thereof served on the adverse party. upon the plaintiff in error, it shall be the duty of the clerk to enter the constitutional suspension of sentence upon the journal and he shall immediately transmit to the officer charged with the execution of the sentence a certified copy of such suspension. 12. QUESTIONS NOT INVOLVED IN LITIGATION.-Only questions involved in matters of actual litigation before the court will be entertained or judicially determined, and no opinion will be filed in answer to any merely hypothetical question. 13. PRÆCIPE. a. On Appeal-The party or parties appealing shall file with the transcript a præcipe which shall state the court from which the appeal is taken, the date of the judgment appealed from, the names of all parties and their relations to the case as they appeared in the court below. The præcipe shall also specify the party or parties appealing and designate all others made parties to the appeal as appellees. ed, but neither such waiver nor the filing of notice of appeal in the district court will dispense with the filing of the præcipe. ABSTRACTS. 16. In all cases the party bringing a cause into this court shall print and furnish a complete abstract or abridgment of the record with references to the pages of the record abstracted. And where the record contains the evidence, it shall be condensed in narrative form in the abstract, so as to clearly and concisely present its substance; provided, that in felony cases when the question to be presented is as to the sufficiency of the evidence the abstract may refer to the bill of exceptions with or without abstracting the same as the parties elect. Such parts of the evidence as bear upon other questions presented must be duly abstracted. The abstract shall contain a complete index, alphabetically arranged, giving the page where each paper or exhibit may be found, with the names of the witnesses and the pages of the direct, b. On Cross-Appeal-Co-parties of appel- cross and re-direct examination. The ablants may join in the appeal or take cross-stract must be sufficient to fully present appeal, or any appellee may take cross-ap- every error and exception relied upon, and peal, by filing with the clerk of this court, it will be taken to be accurate and sufficient within thirty days before the time fixed as rule day, a præcipe which shall designate the name of such party as cross-appellant, and the names of all adverse parties as cross-ap-ry corrections or additions. Such further abpellees. stract may be filed if the original abstract is incomplete or inaccurate in any substantial 14. NOTICE OF APPEAL.-Upon the fil for a full understanding of the questions presented for decision, unless the opposite party shall file a further abstract, making necessa Instructions. Where no objection is made to the giving or refusing of any instruction, omit all, but where there is objection as to the giving or refusal to give any instruction or instructions, set out the whole charge pointing out specifically the instructions excepted to. 17. ABSTRACT IN ORIGINAL CASES.— during the progress of the trial. In abstractThe rules herein established for printing ab-ing evidence use the narrative form, abbreviatstracts shall apply to all cases wherein the except such as may be necessary to a correct ing and condensing, omitting interrogatories court is called on to exercise original juris-understanding of the answers thereto and on diction. In such cases the plaintiff or his which error is assigned.) attorney must print and serve such abstract on the defendant or his attorney within thirty days after issue is joined, or, if evidence is taken within thirty days after the evidence is returned to this court, and the defendant or his attorney in like manner if he deem the abstract of plaintiff imperfect or unfair, may within twenty days thereafter print and serve upon the plaintiff or his attorney, such further abstract as he may deem necessary. 18. Abstracts shall be printed and in all respects, including service and filing, conform to rule 9, and shall be bound separately from the brief. The cost of printing abstracts shall be taxed as provided by rule for taxing costs of briefs. On the Verdict. the instructions and verdict of the jury, set out (Set out the grounds for On the new trial, relied 19, the court sustained (or overruled) said motion: (State exception, if any.) county, ing judgment was entered: A. B. for plaintiff and appellant (or appellee D. E. for defendant and appellant (or appel- (Set out only so much of petition necessary questions to be considered, set it out in the same way.) day of And on the , 19, the court sustained (or overruled) the same. (In every instance let every abstract be in chronological order of the events in the case; let each ruling appear in the proper connection. If the defendant pleaded over and thereby waived his right to be heard upon these rulings, no mention need be made of them.) And on the day of 19, the defendant filed his answer setting up his defense as follows: (Set out substance of defense, and reply, if any, omitting formal parts. Frame the abstract so as to present all questions to be reviewed, raised before issue joined.) At the trial on the day of, 19—, (to a jury or the court, as the case may be) the following proceedings were had: (Set out so much of the bill of exceptions as is necessary to show the ruling of the court to which exceptions were taken and relied upon If supersedeas bond or other undertaking filed below, state the fact with the amount and names of sureties. On the day of -, 19, the cause was filed in the Supreme Court. (This outline is presented for the purpose of indicating the character of the abstracts contemplated by the rule, which, like all the rules, is to be substantially complied with. Of course no formula can be laid down applicable to all cases. The rule to be observPRESERVE ed in abstracting a case is: EVERYTHING MATERIAL TO THE QUESTION TO BE DECIDED AND OMIT EVERYTHING ELSE.) 20. Abstracts will be required pursuant to these rules in all cases filed in this court on or after the 7th day of April, 1911, and also in all other cases in which the brief of appellant, or plaintiff in error, or plaintiff in cases of original jurisdiction, is not served or filed on or before June 1, 1911. In all cases docketed in this court prior to April 7, 1911, either party may prepare and file abstracts of the record under these rules, in which case the cause shall be advanced for hearing. |