PACIFIC REPORTER, VOLUME 43. JUDGES OF THE COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME. COURT RULES. SUPREME COURT OF KANSAS. Sessions. Adopted February 4, 1896. 1. Court will meet for the hearing of causes in every month except August and September, each session beginning on the first Tuesday of the month. 3. CORRECTION OF ERRORS IN TRANSCRIPTS. For the purpose of correcting any defect in a transcript, either party may suggest the same in writing, and upon good cause shown obtain an order that the proper clerk certify to this court the whole or part of the record required. If the defect be not admitted by the adverse party, the sugges-1 tion must be accompanied by an affidavit showing the existence of the alleged defect. 4. CERTIFICATION OF CASE-MADE. A certificate of the settlement of a case-made may be in substantially the following form: I, the undersigned, judge of the district court county, Kansas, hereby certify that the foregoing was presented to me as a casemade in the action above entitled [here recite the facts with reference to the appearance of parties and the suggestion of amendments], and I now settle and sign the same as a true and correct case-made, and direct that it be attested and filed by the clerk of said court. Witness my hand at day of of this Attest: county, District Judge. in 18-. Clerk. Commencement of Proceedings. 5. FEES-SECURITY. No cause shall be docketed, except one brought by the state, until the plaintiff in error or appellant shall pay to the clerk $5 advance fees; nor shall any civil cause be docketed until security for costs shall be given, approved by the clerk, 43 PAC. conditioned for the payment of all costs for which the party instituting the proceeding may be liable. 6. ORIGINAL CASES--AFFIDAVIT. In all original actions or proceedings instituted in this court it shall be necessary for the plaintiff or applicant for the writ to state fully by affidavit the reasons why the action or proceeding is brought in this court instead of one of the several inferior courts having concurrent' jurisdiction. Counsel 7. RECORD-PAGING-COPY. for the plaintiff in error shall number the pages of the petition in error, and the rec ord, before filing the same; and the clerk shall prepare for the court a copy of the same, numbering the pages as in the original, unless a copy has been furnished by the plaintiff in error as allowed by statute. 8. FILES-HOW KEPT. The papers filed which shall be indorsed the title and number in each cause shall be kept in a package, on docket and journal, where the orders in such corresponding with those on the appearance cause are entered. Assignment of Errors. 9. ASSIGNMENT OF ERRORS IN CRIMINAL CASES. In all appeals in criminal cases the appellant must attach to and file with the transcript of the record an assignment of errors, which shall distinctly specify each ground of error relied upon and the particular ruling sought to be reviewed. Any error or ruling not so specified will be deemed to be waived. Courts of Appeals. 10. DISCRETIONARY CERTIFICATION. In all cases of final jurisdiction of the courts of appeals, a review by this court shall not be deemed a matter of right but of exceptional judicial discretion. In any such case the aggrieved party may file with the clerk, within 40 days after entry of the judgment of the court of appeals, a certified copy thereof, and of the opinion and syllabus, if any shall have been filed, to be paid for by the party requesting the same. Such aggrieved party shall at the same time file a petition in (v) error in a civil action, or an assignment of clerk shall deliver one copy of each brief to errors in a criminal case, particularly set- the librarian to be bound, indexed and placed ting forth the precise point or points in in the state library. which it is claimed the court of appeals erred, and if this court shall deem the allegations of error sufficiently meritorious to warrant a review, the court will, within 60 days after the entry of such judgment, make an order directing such case to be certified to this court upon the copy of the record, which shall be transmitted by the clerk, who will retain the original; but if no such copy has been made, then he shall prepare one and transmit it, the fee therefor to be taxed as other costs. When such order is made, the clerk of this court will issue summons in error, upon security for costs being given, as in other cases. The petition or the assignments of error with the copies filed at the same time will be treated as if attached to the copy of the record when it shall be received by the clerk of this court. On a refusal to order the certification of any case for review, a short entry thereof will be made by the clerk of this court, and the additional costs shall be certified by him to the clerk of the proper court of appeals, to be collected as other costs in the original 14. SERVICE FILING. In each civil cause counsel for plaintiff in error shall furnish a copy of his brief to opposing counsel and file 10 copies with the clerk at least 30 days before the argument; and the counsel for defendant in error shall furnish a copy of his brief to opposing counsel and file 10 copies thereof with the clerk at least 10 days before the argument. Proof of service must be filed with the clerk prior to the argument. In case of a failure to comply with this rule, the court may continue or dismiss the cause, or affirm or reverse the judgment. case. 11. CERTIFICATION OF RIGHT. In all cases where an appeal or a proceeding in error from a court of appeals is a matter of right, the procedure shall be the same as in like appeals and proceedings in error from the district courts to this court, as far as applicable, but the provisions of the next pre, ceding rule as to the original record and copy thereof, and the copies of the judgment, opinion and syllabus shall also be applicable to the class of cases referred to in this rule. Briefs. 12. BRIEF-SHALL CONTAIN. Counsel for plaintiff in error or appellant shall file 10 printed copies of his brief in the cause. It shall contain: (1) A full statement of the essential facts of the case; (2) a specification of the errors complained of, separately set forth and numbered; (3) the argument and authorities in support of each point relied on, in the same order, with pertinent references to the pages of the record. The brief of the appellee or defendant in error shall contain: (1) Any points made challenging the sufficiency of the record, or the plaintiff's right to be heard; (2) a full statement of any additional facts shown by the record and deemed essential, with pertinent references to the pages thereof; (3) citations of authorities and discussions of alleged errors in the same order as in plaintiff's brief. 15. SERVICE - STATE CASES. In all causes in which the state is a party, or interested, counsel shall serve their briefs on the attorney general, such service to be made as provided in rule No. 14, but in all criminal causes counsel for the appellant shall furnish a copy of his brief to opposing counsel and file 10 copies thereof with the clerk at least 15 days before the argument; and counsel for the appellee shall furnish a copy of his brief to opposing counsel and file 10 copies thereof with the clerk at least five days before the argument. Motions. 16. WHAT MUST BE IN WRITING-NO TICE OF. Orders for amending or completing records, or for reviving, reinstating, or dismissing causes, will be made only upon written motions stating fully and specifically the grounds therefor, and at least 10 days' notice thereof must be served upon the opposing counsel. Such motions, together with the proof of the service of notice, must be filed with the clerk three days before the time fixed for the hearing. Hearing of Causes and Motions. 17. ASSIGNMENT ADVANCEMENT. Causes will be assigned for hearing in their order upon the appearance docket, except as otherwise provided by law; but a cause may, upon motion, be heard out of its regular order for sufficient reasons. The motion to advance a cause must contain a statement of the nature of the action and the reasons for advancement, and the same will be considered without argument. 18. CAUSES FROM COURTS OF APPEALS. Causes originally certified by this court to the courts of appeals and brought back again for review will be assigned for hearing, as near as practicable, in the order to which they would have been entitled if they had remained in this court. Other causes from the courts of appeals will not be entitled to any precedence over cases brought from the district or other courts to this court. 19. TRIAL DOCKETS — FOR ATTOR- receipt of said notice, a motion will be made NEYS. On the first of each month the clerk for a judgment against them. If good cause will send to the attorneys interested a print- shall not be shown why the same ought not ed copy of the trial docket for the second to be done, judgment may be entered against month following, showing the day on which said sureties, or their executors or adminiseach cause will be heard. He shall notify trators, for the amount remaining unpaid for them of all orders of the court in each cause. which the plaintiff in error may be liable; and execution may be issued on such judgment as in other cases. 20. CONTINUANCE. A continuance in a civil cause, unless for good reason shown, will carry it to the heel of the docket. A continuance in a criminal appeal will carry it to the next assignment. 21. SUBMISSION ON BRIEFS. Attorneys wishing to submit their causes upon briefs may avoid the inconvenience of personal attendance at court by filing a written order with the clerk to so submit. In all such cases their briefs, with proof of service, must be on file. 22. ARGUMENTS TIME ALLOWED. One hour only, except with the consent of the court, shall be consumed in the oral argument of a cause by counsel for either party. Oral argument upon motions will be limited to 15 minutes on each side. Rehearings. 23. PETITION FOR. An application for a rehearing shall be by petition signed by counsel, particularly setting forth the grounds thereof and showing, either that some question decisive of the case and duly submitted by counsel has been overlooked by the court, or that the decision is in connict with an express statute or controlling decision to which the attention of the court was not called either in the brief or oral argument-or which has been overlooked by the court-and the question, statute or decision so overlooked must be distinctly and particularly set forth in the petition, which must be filed within 20 days from the date of the decision. No argument or brief will be allowed on the petition, but if the application is granted the case will be assigned for rehearing and such time given for argument or brief as the court may allow. Sureties for Costs. 24. EXECUTION AGAINST. Execution on a judgment for costs having been returned unsatisfied, the clerk may notify the sureties for costs, or their executors or administrators, of such return, and that, unless said costs are paid within 10 days after Fees and Costs. 25. WHAT NOT ALLOWED. In all original actions in this court no fees or costs will be allowed or taxed for the mileage of any witness for any distance outside of the county where the court is held, unless the subpoena under which the witness attends has been issued upon the special order of the court, or a justice thereof. Withdrawal of Records. clerk shall not permit any record or paper to 26. WITHDRAWAL OF RECORDS. The be taken from his custody except by attor neys interested in the cause, and who shall receipt for the same. He shall not permit any record to be taken from his office until the copy required by rule No. 7 has been completed and compared. He will allow no one except the reporter to take an original opinion from his office before such opinion has been reported. All records and papers that may be taken from the clerk's office must be returned on or before the first day of the next session. Attorneys. 27. ADMISSION OF. Any practicing attorney of the district court will, on motion, be admitted to practice in this court; and any practicing attorney of any state or territory, having professional business in this court may, on motion, be admitted upon taking the oath prescribed by law. All motions for the admission of attorneys must be presented at the morning hour, immediately after the first call of the docket. Each attorney, on being admitted, shall pay $3 to the clerk, who shall furnish him a certificate of admission and a printed copy of the rules. 28. FINAL RECORD. A full record shall be made of all causes in which the court has original jurisdiction. A full record of other causes shall not be made except at the request and cost of the party desiring the same. |