26. [As originally adopted. See page xxxiv.] 27. [As originally adopted. See page xxxiv.] 28. [This rule as originally adopted reads as follows:] OPINIONS OF THE COURT. 1. All written opinions delivered by the court shall be delivered to the clerk and recorded. 2. Opinions printed under the supervision of the judge delivering the same need not be copied by the clerk into a book of records; but, at the end of each term, the clerk shall cause such printed opinions to be bound in a substantial manner into one or more volumes; and, when so bound, they shall be deemed to have been recorded, within the meaning of this rule. 29. [As originally adopted. See page xxxiv.] 30. [This rule as originally adopted is the same as rule 30, page xxxv, except that the words "or territory" are omitted after the word "state."] 31. [As originally adopted. See page xxxv. With the order of the Supreme Court establishing a table of fees for the Circuit Courts of Appeals, with the following amendment, adopted as paragraph 7. See page cxxxix.] 7. Ordered, that the table of fees and costs in the Circuit Courts of Appeals, established in pursuance of the act of Congress of February 19, 1897, by order of January 10, 1898, be, and the same is hereby, amended as to the item for "Preparing the record for the printer, indexing the same, supervising the printing and distributing the copies, for each printed page of the record and index, .15," by substituting twenty-five cents in place of fifteen cents, for each printed page, so that said order as amended shall read as follows: FOURTH CIRCUIT. [The rules as originally adopted, where identical with those of the other circuits, will be found at pages XXV-xxxvi. Only such originally adopted rules as were not identical with those of the other circuits, and amendments, changes, and repeals of the rules originally adopted, are given under this head, reference being made to the others in their proper places.] 1. [As originally adopted. See page xxv.] 2. [As originally adopted. See page xxv.] 3. TERMS. There shall be held in the city of Richmond, Virginia, three regular terms of this court; one on the first Tuesday of February, one on the first Tuesday of May, and one on the first Tuesday of November, in each year. It is ordered, that hereafter special sessions of this court be held at Richmond, Virginia, on the second Tuesday of every month of the year, except in those months in which regular terms of the court are now designated by rule to be held. During said sessions such orders, judgments or decrees as may be necessary concerning pending cases may be considered and disposed of, opinions in cases theretofore argued may be filed and decrees and judgments relating thereto entered, mandates issued, and any such further action taken as is authorized by the statute in such case made and provided. If at any such special session no judge shall be in attendance, the clerk shall adjourn the court until the next day, or to such time as the senior circuit judge shall direct, and in case no direction be made, to the next session or term of the court. [February 16, 1907.] 4. [As originally adopted. See page xxv.] 5. [As originally adopted. See page xxvi.] 6. MARSHAL, CRIER, AND OTHER OFFICERS. The marshal and crier shall be in attendance during the sessions of the court, with such number of bailiffs and messengers as the court may, from time to time, order. 7. ATTORNEYS AND COUNSELORS. All attorneys and counselors admitted to practice in the Supreme Court of the United States, or in any Circuit Court of the United States, shall become attorneys and counselors in this court on taking an oath or affirmation in the form prescribed by rule 2 of the Supreme Court of the United States, subscribing the roll, and on payment of a fee of $5. 8. [As originally adopted. See page xxvii.] 9. [As originally adopted. See page xxvii.] 10. [As originally adopted. See page xxvii.] 11. [As originally adopted. See page xxvii.] 12. [As originally adopted. See page xxviii.] 13. [As originally adopted. See page xxviii.] 14. [As originally adopted. See page xxviii.] 15. [As originally adopted. See page xxix.] 16. [As originally adopted. See page xxix.] 17. DOCKET. 1. The clerk shall enter upon a docket all cases brought to and pending in the court in their proper chronological order, and shall print a docket containing all pending cases at each term of the court, and such docket shall be called at every term, or adjourned term; and if a case is called for hearing at two terms successively, and upon the call at the second term neither party is prepared to argue it, it will be dismissed at the cost of the plaintiff in error or appellants, unless sufficient cause is shown for further postponement. 2. All cases where the record has been printed and copies thereof furnished to the counsel as provided in rule 23 shall stand for argument at the term or adjourned term holden next after the docketing of the case. 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 xxxii.] 22. [As originally adopted. See page xxxii.] 23. [Amendment adopted May 19, 1898.] 1. Hereafter all records shall be printed under the supervision of the clerk, by such printer and at such rate as the court may designate. 2. Upon the payment of the estimated cost of printing, together with the supervising fees as established by law (which amounts shall be deposited with the clerk within ten days after notice thereof), the clerk shall cause to be printed thirty copies of the record, twenty copies of which shall be filed for the use of the court, three copies furnished to the adverse party, and the remaining copies delivered to the appellant or plaintiff in error at least ten days before the term or adjourned term. 3. 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. 4. If the record shall not have been printed when the case is reached in the regular call of the docket, the case may be dismissed. 5. In case of reversal, affirmance, or dismissal, with costs, the amount paid for the printing of the record and the clerk's fees for supervising the same, shall be taxed against the party against whom costs are 24. [Amendment adopted February 4, 1892.] BRIEFS. 1. The counsel for plaintiff in error or appellant shall file with the clerk of this court, at least ten days before every term or adjourned term, twenty 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) 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 twenty printed copies of his brief, at least three days before the term or adjourned term. 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. |