« AnteriorContinuar »
[As originally adopted. See page xxxiv.)
[Amendment adopted February 4, 1892.]
FORM OF PRINTED RECORDS. ARGUMENTS, AND BRIEFS. All records, arguments, and briefs printed for the use of this court shall be in small pica type, 24 pica ems to a line, with an index, and a suitable cover, containing the title of the court and cause, the court from which the case is brought into this court, and the number of the
Size of pages to be 94x64 inches, except that in patent cases the size of the pages shall be 1034x75/8 inches; that is to say, large enough to bind in copies of patent-office drawings and specifications without folding. So much of the record as was printed in the court below may be used in this court if it conforms to this rule.
27. (Amended May 29, 1896, so as to read as follows:]
COPIES OF RECORDS AND BRIEFS.
The clerk shall cause to be bound two copies of the printed record in every case, and of all printed motions, briefs and arguments filed therein; one copy to be carefully preserved in his office, and one copy for the use of the court library.
28. [Amended May 29, 1896, so as to read as follows:]
OPINIONS OF THE COURT. 1. All opinions delivered by the court shall be printed under the supervision of the judge delivering the same, or of one of the circuit judges, the cost of such printing to be paid by the clerk out of the revenues of his office and charged to the litigants in the respective cases, to be taxed and allowed as other costs.
2. The original opinions of the court shall be filed with the clerk of this court for preservation.
3. The clerk of this court shall from time to time cause two sets of the printed opinions of this court to be bound in a substantial manner into volumes, one set to be kept in the clerk's office and one set to be kept in the court library,
REHEARING. A petition for rehearing after judgment can be presented only at the term at which judgment is entered, unless by special leave granted during the term; and must be printed, and briefly and distinctly state its grounds, and be supported by a certificate of counsel; and will not be granted, or permitted to be argued, unless a judge who concurred in the judgment desires it, and a majority of the court so determined. But such petition shall not operate to stay the mandate or other process provided for in rule 32, except by special order of the court.
[As originally adopted. See page xxxv.]
1. In all cases where any suit shall be dismissed in court, except when the dismissal shall be for want of jurisdiction, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the parties.
2. In all cases of affirmance of any judgment or decree in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise ordered by the court.
3. In cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be taxable in that court as costs in the case.
4. Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this court for or against the United States.
5. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail.
6. In all cases certified to the Supreme Court, or removed thereto by certiorari or otherwise, the fees of the clerk of this court shall be paid before a transcript of the record shall be transmitted to the Supreme Court.
7. In pursuance of the act of Congress of February 19, 1897 (29 Stat. 536, c. 263), the following table of fees and costs in the Circuit Court of Appeals has been established, to take effect on the first day of March, A. D. 1898: [See page cxxxix.]
In all cases finally determined in this court, a mandate or other proper process, in the nature of a procedendo, shall be issued to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. Such mandate, or other process, may issue at any time on the order of the court; but, unless otherwise ordered, it shall issue as of course after the expiration of twenty days from the date of the judgment or decree.
[As originally adopted. See page xxxvi.]
MODELS, DIAGRAMS, AND EXHIBITS OF MATERIAL. 1. Models, diagrams, and exhibits of material forming part of the evidence taken in the court below, in any case pending in this court, on writ of error or appeal, shall be placed in the custody of the clerk of this court at least ten days before the case is heard or submitted.
2. All models, diagrams, and exhibits of material placed in the custody of the clerk for the inspection of the court on the hearing of a case, must be taken away by the parties within one month after the case is decided. When this is not done, it shall be the duty of the clerk to notify the counsel in the case, by mail or otherwise, of the requirements of this rule; and, if the articles are not removed within a reasonable time after the notice is given, he shall destroy them, or make such other disposition of them as to him may seem best.
[Adopted May 29, 1903.)
SATURDAY CONFERENCE DAY.
The clerk in making his docket shall not set down for argument any cause for any Saturday of the term for which such docket is intended, and this court will meet on said days for consultation only.
1. Upon the filing of the petition for review as provided for in section 24b of the act to establish a uniform system of bankruptcy throughout the United States, approved July 1, 1898, the clerk of this court shall docket the cause, and shall forthwith serve a certified copy of the petition upon the respondent or respondents, or his or their solicitor, through the mail or otherwise, together with a notice to the respondent or respondents, to answer, demur, or move to dismiss the said petition, within fifteen days from the date of such notice.
2. The petitioner shall cause a certified transcript of the record and proceedings of the bankruptcy court of the matter to be reviewed to be filed in the clerk's office of this court within thirty days from the date of the filing of the said petition.
3. Upon the filing of such transcript of the record the clerk of this court shall proceed to cause the record to be printed as provided for in
the twenty-third rule of this court and furnish counsel on both sides with three copies each.
4. And such causes shall stand for hearing in their regular order. But either side may, upon ten days' notice given to the opposing counsel, have the cause heard, either at term time, or in vacation, or in chambers, upon the briefs, unless at its own suggestion, or for good cause shown, the court shall order oral argument.
5. That all causes coming up by appeal as provided in section 25 of said bankruptcy act shall stand for hearing in this court, either in term time or in vacation, and may be called up by either party upon ten days' notice, as provided in section 4 of this rule.
6. All rules of this court (except as herein modified) shall apply to the proceedings in bankruptcy to which this rule relates.
7. Nothing herein shall prevent the court, from time to time, from making, for special cause, orders diminishing or enlarging the times named herein, or any other order suitable to expedite the proceeding or to prevent injustice.
[Adopted November 23, 1899.]
INSTRUCTIONS AS TO TAKING APPEALS, SUING OUT WRITS OF
ERROR, MAKING UP RECORDS, ETC.
METIIOD OF TAKING APPEALS. Writs of error and citations are no longer made returnable to the term day of the appellate court, but are made returnable not exceeding thirty days from the day of signing the citation, whether that day, which is the return day, fall in vacation or in term time; and the record must be filed in the clerk's office of this court before the return day, unless the time be enlarged as provided in section 1 of rule 16. In that case the order of enlargement must be filed with the clerk of this court.
Rule 11, entitled “Assignment of Errors,” requires the plaintiff in error, or appellant, to file with the court below, with his petition for the writ of error or appeal, an assignment of errors, etc. This practically abolishes the necessity of pursuing the old method of praying appeals in “open court”; and all appeals and writs of error should be prayed for by petition in writing addressed to the court below, or to the judge in vacation, who allows the writ or the appeal, by an order in writing, approves the appeal or supersedeas bond, and signs the citation.
In cases brought up by writ of error, from either the Circuit or District Courts, the clerk of the Circuit Court, or the clerk of this court, issues the writ of error, which writ fixes the return day of the writ to this court, and the citation should bear the same return day. But in cases of appeal (in admiralty or in equity) the citation alone fixes the return day.
All appeals, therefore, whether by writ of error or appeal, should hereafter be taken in the following manner:
1. Petition in writing for the appeal, or writ of error, addressed to the court below, or the judge thereof in vacation.
2. The petition must be accompanied with an assignment of errors, and a prayer for reversal.
3. Appeal or writ of error bond, approval thereof, and the signing of the citation by the judge allowing the appeal or writ.
4. Order in writing of the judge allowing the writ of error or appeal.
5. Issuing the writ of error by the clerk of the Circuit Court, or of this court.
6. In case it is desired to have the writ of error issued by the clerk of this court, a certified copy of the petition and order allowing the writ, under the seal of the court, with a fee of $5 for issuing it, must be transmitted to the clerk of this court, and the writ will be issued and forwarded to the clerk of the court below.
All of the above papers and proceedings should be filed with the clerk of the lower court, and incorporated into and certified up in the record by him to this court, except the writ of error and the citation. the originals of which, after having been duly served, must be attached to and bound in the record at their respective places. (For service of writ of error see section 1007, Rev. St.)
Rules of this court, blank writs of error, appeal and supersedeas bonds, citations, and orders of appearance may be had of the clerks of the lower courts or of the clerk of this court upon application.
MAKING UP RECORDS. In making up a transcript of the record, clerks are requested to make a distinct title or heading to each paper or proceeding copied into the record, with the date of filing the same, or the date of such proceeding, and to write upon but one side of the paper in a clear, legible hand. And a complete index should be made and attached to the record at the beginning of it.
In order to have uniformity, records should be commenced with the style and the term of the court at which the judginent or decree is entered, after the following form: "The United States of America, District of
; to wit: “At a Circuit (or District) Court of the United States for the district of
begun and held at the court-house in the city of on the first Monday of
day of the same month, in the year of our Lord one thousand, nine hundred and
“Present: The Honorable Circuit Judge (or Judge) of the
District of ““Among other were the following proceedings, to-wit: A. B.
In Equity (or)
In Admiralty (or)
(Copy same with endorsements, and any accompanying papers and exhibits, and so on with every paper or proceeding in the case.)