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Every paper or proceeding should have a proper heading or title stating what follows, and the date of the filing of the paper, or of the proceeding
A complete record, as required by rule 14, must be made in all cases (for record in admiralty cases see section 6 of that rule), but as to the general order of making up a record, the following examples are given: IN EQUITY. IN ADMIRALTY.
AT LAW. 1. Style of Court as 1. Style of Court as 1. Style of Court as Above. Above.
Above. 2. Bill of Complaint, 2. Libel.
3. Process. 3. Process.
4. Marshal's Return. 4. Marshal's Return. 4. Marshal's Return. 5. Claim.
5. Plea or Demurrer, 5. Answer. 6. Stipulation.
etc. 6. Replication. 7. Answer.
6. Joining of Issue. 7. Testimony and Ex- 8. Testimony and Ex- 7. Impaneling Jury. hibits for Com
hibits for Libel- 8. Verdict. plainant.
9. Judgment. 8. Testimony and Ex- 9. Testimony and Ex- 10. Bill of Exceptions. hibits for Defend
Re- 11. Petition for Writ of ant. spondent.
Error. 9. Testimony and Ex- 10. Testimony and Ex- 12. Assignment of Erhibits in Rebuttal hibits in Rebuttal
rors. (if any).
13. Bond and Approval. 10. Opinion. 11. Opinion.
14. Order Allowing 11. Decree. 12. Decree.
Writ. 12. Petition for Appeal. 13. Petition for Appeal. 15. Writ of Error. 13. Assignment of Er- 14. Assignment of Er- 16. Citation. rors.
17. Clerk's Certificate. 14. Appeal Bond and 15. Appeal Bond and Approval.
Approval. 15. Order Allowing Ap- 16. Order Allowing Appeal.
peal. 16. Citation.
17. Citation. 17. Clerk's Certificate. 18. Clerk's Certificate.
The numerical order of the above list of proceedings may be transposed whenever the order of the proceeding is different.
It is impossible to give information and direction to cover the details of every case for there are not two cases alike; but the above corers the substantial parts of every case.
While a full record is necessary, yet it is expected that counsel on both sides will exercise care that no matter not necessary to a full and complete review of the case shall be put into the record. Whenever any agreement shall be entered into by counsel with regard to the making up, or the printing of the record under rule 23, the agreement must be copied into the record.
In making up records in admiralty cases the following should be omitted (see rule 52 of the Supreme Court, in admiralty):
1. The continuances.
2. All motions, rules, and orders not excepted to which are merely preparatory for trial.
3. The commissions to take depositions, notices therefor, their captions, and certificates of their being sworn to, unless sonie exception to a deposition in the district court was founded on some one or more of these; in which case, so much of either of them as may be involved in the exception shall be set out. In all other cases it shall be sufficient to give the name of the witness and to copy the interrogatories and answers, and to state the name of the cominissioner, and the place where and the date when the deposition was sworn to; and, in copying all depositions taken on interrogatories, the answer shall be inserted immediately following the question.
All records are transmitted to the appellate court by order of the court below; and if such order is not expressed in writing, it is inplied, and the clerk should always enter immediately preceding his certificate the following order :
“And thereupon it is ordered by the court here that a transcript of the record and proceedings in the cause aforesaid, together with all things thereunto relating, be transmitted to the said United States Circuit Court of Appeals for the Fourth Circuit; and the same is transmitted accordingly. “Teste:
Clerk.” Then comes the general certificate of the clerk, in the usual form, that the foregoing is a full and true record, etc., with the seal of the court attached.
DOCKETING CASES AND PRINTING RECORDS. Upon a record being filed, the case is docketed and put upon the calendar for argument at the next term, or adjourned term, occurring thereafter, provided the record has been or can be printed ten days be. fore the said term or adjourned term, as provided in rule 23. All records must be printed under the supervision of the clerk of this court.
Counsel transmitting a record to this court must accompany the same with an order for their appearance for the appellant or plaintiff in error, and also with a deposit of $25 for account of costs of this court, and the names and addresses of the attorneys on both sides.
The clerk of this court will, immediately upon a record being filed, send to the counsel an estimate of the cost of printing, supervising fees, etc., which amount must be deposited, either in cash or by New York exchange, with the clerk within ten days after notice. See rule 23.
It is important that records should be made 11p and forwarded to tlris office as promptly as possible after the appeal or writ of error is allowed, and not held until the near approach of the next term.
Defendants in error, or appellees, are required to make a deposit of $20.00, at the time of entering their appearance by attorney, for account of costs to be incurred by them in this court. In case of affirmance, or dismissal, when all costs shall have been paid by the plaintiff in error, or appellant, the said deposit will be returned. This is applicable to all cases except when the United States is defendant in error or appellee.
[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 as originally adopted, are given under this head, reference being made to the others in their proper places.]
[As originally adopted. See page xxv.]
[As originally adopted. See page xxv.]
[Ordered January 12, 1905, that rule 3 be amended so as to read as follows:]
A session of this court shall be held annually at the city of Atlanta, Georgia, on the first Monday in October; at the city of Montgomery, Alabama, on the third Monday in October; at the city of Ft. Worth, Texas, on the first Monday in November; at the city of New Orleans, Louisiana, on the third Míonday in November, and shall be adjourned to such other time and places as the court may from time to time order and designate.
4. [As originally adopted. See page xxy. See, also, rule 36, page lxxxv.]
1. The clerk's office shall be kept in the city of New Orleans.
2. The clerk shall not practice, either as attorney or counselor, in this court, or in any other court, while he shall continue to be clerk of this court.
3. He shall, before he enters on the execution of his office, take an oath in the form prescribed by section 794 of the Revised Statutes, and shall give bond in the sum of ten thousand dollars ($10,000), and with sureties to be approved by the court, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court. A copy of such bond shall be entered on the journal of the court, and the bond shall be deposited for safe-keeping as the court may direct.
4. He shall not permit any original record or paper to be taken from the court room or from the office without an order from the court.
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.
ATTORNEYS AND COUNSELORS.
All attorneys and counselors admitted to practice in the Supreme Court of the United States, or any Circuit Court of the United States, upon filing certificate of such admission with the clerk of this court, and upon taking an oath or affirmation in the following form, viz:
“I, -, do solemnly swear (or affirm) that I will demean myself as an attorney and counselor of this court uprightly, and according to law, and that I will support the Constitution of the United States." -(a copy of which shall be filed with the clerk), shall become attorneys and counselors of this court; provided, however, that any attorney or counselor eligible to admission as an attorney and counselor of this court may be admitted to practice, on motion in open court, upon taking the oath or affirmation as prescribed, and subscribing the roll
. On each admission the clerk will collect ten dollars ($10.00) to be applied to the purchase of law books for the use of the court and bar.
[As amended December 18, 1900.]
[As originally adopted. See page xxvii.)
[As originally adopted. See page xxvii.]
[As originally adopted. See page xxvil.]
12. [As originally adopted. See page xxviii.]
[As originally adopted. See page xxviii.]
WRITS OF ERROR, APPEALS, RETURN, AND RECORD. 1. The clerk of the court to which any writ of error may be directed shall make a return of the same by transmitting a true copy of the record, bill of exceptions, assignment of errors, and all proceedings in the case, under his hand and the seal of the court.
2. In all cases brought to this court by writ of error or appeal to review any judgment or decree, the clerk of the court by which such judgment or decree was rendered shall annex to and transmit with the record a copy of the opinion or opinions filed in the case.
3. No case will be heard until a complete record, containing in itself, and not by reference, all the papers, exhibits, depositions, and other proceedings, which are necessary to the hearing in this court, shall be filed.
4. Whenever it shall be necessary or proper, in the opinion of the presiding judge in any circuit or district court, that original papers of any kind should be inspected in this court upon writ of error or appeal, such presiding judge may make such rule or order for the safekeeping, transporting, and return of such original papers as to him may seem proper; and this court will receive and consider such original papers in connection with the transcript of the proceedings.
[Ordered, January 12, 1905, that paragraph 5 of rule 14 be amended so as to read as follows:]
5. All appeals, writs of error and citations must be made returnable and the transcript filed in the clerk's office at New Orleans not exceeding thirty days from the day of signing the citation, whether the return day fall in vacation or in term time, and be served before the return day: Provided, however, that appeals taken from interlocutory decrees
, under the seventh section of the act entitled “An act to establish Circuit Courts of Appeals and define and regulate in certain cases the jurisdiction of the courts of the United States and for other purposes,” approved March 3, 1891, and amendments thereto, shall be made returnable not exceeding ten days from the day of taking the same.
6. The record in cases of admiralty and maritime jurisdiction shall be made up as provided in general admiralty rule No. 52 of the supreme court.
[As originally adopted. See page xxix.]
16. [This rule was amended April 23, 1895, by adding to it section 4 below. It was further amended June 20, 1895, by striking out of paragraph 1 the words in brackets. The whole rule now reads as follows:]
DOCKETING CASES. 1. It shall be the duty of the plaintiff in error or appellant to docket the case, and file the record thereof with the clerk of this court, by