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10.

(As originally adopted. See page xxvll.]

11. [As originally adopted. See page xxvil.]

12.

(As originally adopted. See page xxvill.]

13. [As originally adopted. See page xxvill.]

14. [As originally adopted. See page xxvill.)

15.

[As originally adopted. See page xxix.]

16. [As originally adopted. See page xxix.]

17.

[As originally adopted. See page xxx.]

18.

[As originally adopted. See page xxx.]

19. [As originally adopted. See page xxx.]

20.

[As originally adopted. See page xxxl.]

21.

[As originally adopted. See page xxxil.)

22.

[As originally adopted. See page xxxil.)

23.

[Amendment adopted October 19, 1891; Mr. Justice Blatchford, Judge Wallace, and Judge Lacombe being present.)

PRINTING RECORDS.8

On the filing of the transcript, in every case, the clerk shall forthwith cause 15 copies of the same to be printed, and shall furnish 3 copies thereof to each party, at least 30 days before the argument, and shall file 9 copies thereof in his office. The parties may stipulate in writing that parts only of the record shall be printed, and the case may be heard on the parts so printed, but the court may direct the printing of other parts of the record. The clerk shall be entitled to demand of the appellant, or plaintiff in error, the cost of printing the record, before ordering the same to be done. If the record shall not have been printed when the case is reached for argument, for failure of a party to advance the costs of printing, the case may be dismissed. In case of reversal, affirmance, or dismissal, with costs, the amount paid for printing the record shall be taxed against the party against whom costs are given.

24.

(Amendment adopted October 19, 1891; Mr. Justice Blatchford, Judge Wallace, and Judge Lacombe being present.]

BRIEFS.

1. The counsel for the plaintiff in error or appellant shall file with the clerk of this court, at least 20 days before the case is called for argument, 10 copies of a printed brief, one of which shall, on application, be furnished to each of the counsel engaged upon the opposite side.

2. This brief shall contain, in order here stated:

(1) A concise abstract or statement of the case, presenting succinctly the questions involved, in the manner in which they are raised.

(2) A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and, in cases brought up by appeal, the specification shall state, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report, and the action of the court upon it.

3 See order of the supreme court establishing a table of fees for the circuit courts of appeals, page cxxxix.

(3) A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point. When a statute of a state is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length.

3. The counsel for a defendant in error or an appellee shall file with the clerk, at least 10 days before the case is called for hearing, 10 copies of his printed brief, one of which shall, on application, be furnished to each of the counsel on the opposite side. His brief shall be of a like character with that required of the plaintiff in error or appellant, except that no specification of errors shall be required and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted.

4. When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court; and errors not specified according to this rule will be disregarded; but the court, at its option, may notice a plain error not assigned or specified.

5. When, according to this rule, a plaintiff in error or an appellant is in default, the case may be dismissed on motion; and, when a defendant in error or an appellee is in default, he will not be heard, except on consent of his adversary, and by request of the court.

6. When no counsel appears for one of the parties, and no printed brief or argument is filed, only one counsel will be heard for the adverse party; but, if a printed brief or argument is filed, the adverse party will be entitled to be heard by two counsel.

25.

ORAL ARGUMENTS.

1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross-appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

2. Only two counsel will be heard for each party on the argument of a case.

3. Upon writs of error, appeals in admiralty, appeals from orders granting a preliminary injunction and in appeals in customs cases, one hour on each side, and in other cases one hour and a half will be allowed. But in all cases where there are no difficult questions of law and the amount involved does not exceed $500, and in appeals and petitions for review in bankruptcy, only one-half hour on each side will be allowed. No more time than above specified will be allowed without special leave of the court granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side at their discretion, provided always that a fair opening of the case shall be made by the party having the opening and closing arguments.

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26.

FORM OF PRINTED RECORDS, ARGUMENTS, AND BRIEFS. All arguments and briefs printed for the use of the court must be printed upon a page eleven inches long by seven inches wide and must have a margin of at least two inches in width.

[As amended December 7, 1899.]

27.

[As originally adopted. See page xxxiv.]

28.

[As originally adopted. See page xxxiv.]

29.

[As originally adopted. See page xxxiv.]

30.

[As originally adopted. See page xxXV. See, also, order of the supreme court establishing a table of fees for the circuit courts of appeals, page cxxxix.]

31.

[As originally adopted. See page xxxv.]

32.

[As originally adopted. See page xxxvi.]

33.

[As originally adopted. See page xxxvi.)

34.

[As originally adopted. See page xxxvi.]

[The following announcements and orders have been made :)

The court announces that hereafter the sessions of the court will commence at 10:30 a. m., and continue until 1:30 p. m.

[Dated October 25, 1892.)

Motions will be heard during the sessions of this court on Mondays, at 10:30 a. m. All notes of issue for the motion calendar must

be filed with the clerk not later than the Friday next preceding the motion day.

[Dated March 24, 1893.]

35.

[Adopted May 3, 1897; Judge Wallace, Judge Lacombe, and Judge Shipman being present.]

1. An appeal or writ of error from a circuit court or a district court to this court in the cases provided for in sections 6 and y of the act entitled “An act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States and for other purposes," approved March 3, 1891, and acts to amend said act approved February 18, 1895, and January 20, 1897, may be allowed in term time or vacation by the circuit justice or by any circuit judge within the circuit, or by any district judge within his district, and the proper security be taken and the citation be signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal.

2. Where such writ of error to this court is allowed in the case of a conviction of an infamous crime or in any other criminal case in which it will lie, the circuit court or district court, or any justice or judge thereof, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed.

36.

1. In all cases the plaintiff in error or appellant on docketing a case and filing a record, shall enter into an undertaking with the clerk, for the payment of his fees or otherwise satisfy him in that behalf.

2. At the expiration of ten days after a case has been decided, the order or decree thereon will be entered by the court, and the clerk will thereupon prepare and tax the bill of costs and issue the mandate. Within said ten days the parties may file with the clerk their proposed orders or decrees and bills of costs with proof of service of the same upon the opposing attorneys.

37.

In the preparation of briefs any citations made from Federal Cases must be accompanied by the citation of the original report of the case, or, when the case is not elsewhere reported than in the Federal Cases, by a statement to that effect.

38.

Petitions to review orders in bankruptcy filed under the provisions of section 24b of the bankruptcy act, must be filed and served within ten days after the entry of the order sought to be reviewed, and a tran

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