Imagens da página
[merged small][merged small][merged small][ocr errors][merged small][merged small]



Rule 1.-CERTIFYING CASES. Rule 4.-CASES TRIABLE WHEN; RE The county clerk in each county, upon the

QUESTS FOR TRIAL AT entry of any case in the supreme court for

SPECIAL TERM. such county, shall certify to the clerk of 1. Cases shall be triable as soon as the Washington county, (who shall be known as time for filing briefs has expired, and no the clerk of the general term), the title of assignment for trial shall be required. Such such case and a transcript of the docket en- cases shall be heard at the general term next tries therein; and shall, fifteen days before following or during which the time for filing the term, forward to him a list of all cases the advancing party's reply brief expires, unnot then disposed of, and also a list of the less otherwise stipulated by the parties, or cases then ripe for hearing; and shall also, unless ordered for hearing at a special term before the commencement of the term, for- under the provisions of the following secward to him all the original papers in each tion. case, and all copies of the printed case re- 2. Requests for trials at a special term maining in his hands after the distribution shall state the grounds on which they are provided for in these rules.

based, and, with a copy thereof, be filed with

the clerk of the general term at least fifteen Rule 2.-ARRANGEMENT OF DOCKET.

days before the term, and be noted on the Cases shall be numbered consecutively on trial calendar with the case. On the filing of the docket, and shall be arranged by coun- such request and copy, the clerk shi:ll forthties.

with send the copy by mail to the attorney

of record for the other party. Such request Rule 3.-PETITIONS FOR NEW TRIAL. shall stand for hearing on the first day of

the general term. Stipulations for hearings 80 Vt. 501 (68 Atk 645); 82 Vt. 64 (71 Atl. 831]: 84 Vt. 266 [78 Atl. 1021];" 86 Vt. 426 may be filed with the clerk of the general (85 Atl. 904); 89 Vt. 51 (94 Atl. 104).

term at any time after the case is there

docketed. 1. A petition for a new trial founded on

Rule 5.--COPIES. newly discovered evidence shall contain a statement of the former trial sufficient to 1. Forthwith on the filing of the completed show the applicability of the evidence relied bill of exceptions, or motion for appeal, the upon as newly discovered. It shall be sup- advancing party shall, by himself or the ported by the affidavits of the petitioner and clerk, prepare not less than fifteen printed his counsel, and shall have attached to and copies of the case; and if such copies are served with it the testimony on which it is prepared by the advancing party, they shall founded and by which it is to be supported. he deposited with the clerk as soon as print

2. The petitionee may take testimony by ed. The clerk shall, as soon as he receives way of answer, on reasonable notice, in the the copies of the case from the printer or form of depositions, omitting the cause of from the advancing party, forward one of taking. The petitioner may, in like manner, them to each attorney of record in the case. take testimony in reply.

2. Such copies shall contain such matter 3. On hearing, the petitioner shall furnish as is necessary fully to present the questions the court with the official transcript of the raised; and in chancery appeals this rule entire case excepting such portions thereof shall embrace such part of the pleadings and as the judge presiding at the former trial report as may be necessary to make the quesshall certify or the parties may agree to be tions clear, with a copy of the decretal orimmaterial. But a certificate of immaterial- der, and the opinion of the chancellor, if ity by the presiding judge shall not control if any. Manifold copies will not be deemed a transcript of the evidence to which it re-printed copies. All copies, briefs and other lates is furnished by the petitionee. In case i papers furnished the court, except testimony it is impossible to obtain the official tran- in original entries and chancery appeals, script, the petitioner shall furnish such sub- shall be printed on one side only of half stitute therefor as the court shall direct. sheets of letter paper, eight by ten inches in

4. Petitions for new trials in cases pend- size, fastened together at the upper left hand ing shall be filed in the original case as a corner-or in book form if voluminous, when part of it, and not be separately docketed. both sides of the sheet may be printed on

and folded in even triplefold, and filed in, and in the argument such parts of the eviprint on the right end of the middle fold dence may be read as may be necessary to with the number and name of the case, show the points relied on; ad there may where pending, and the character of the pa- be incorporated into the briefs such parts of per.

it as counsel think best. 3. The fees for furnishing such copies, except briefs, shall be the statute price per Rule 7.-REVERSALS AND NEW TRIALS. folio of one hundred words as for one manu

No judgment shall be reversel or set aside, script copy, to which shall be added the actual cost of printing, and a reasonable sum

or new trial granted in any case, civil or for correcting the proof and superintending criminal, for misdirection, improper admisthe printing; and the same shall be allowed sion or rejection of evidence, or other error, in the taxation of costs to the party furnish- unless this court shall believe that the error ing such copies. But unnecessary printing

has injuriously affected the rights of the

parties. shall not be allowed ; and all questions arising in respect thereto shall be determined by the clerk on the taxation of costs.


When a judgment is directed in vacation, Rule 6.-BRIEFS.

the clerk of the general term shall, unless 1. Within thirty days after the filing of otherwise ordered, retain the cause for twenthe completed bill of exceptions, or motion ty days and shall forthwith give written for appeal, the advancing party shall file notice thereof, either personally or by mail, with the clerk a sufficient number of his to the attorneys of record for each party. printed briefs to enable the clerk to send At the expiration of such time, f the manforthwith a copy thereof to each attorney of date or judgment order is not stayed meanrecord for the other party. Within fifteen while by order of one of the justices, the days after the expiration of such thirty days, clerk, as a matter of course, shal, make the such other party shall file with the clerk a proper docket entries and remit the cause as like number of copies of his printed brief, required by law. to be disposed of as above provided; and within five days after the expiration of such

Rule 9.-TIME OF ARGUMENT. fifteen days, the advancing party may file Not more than one hour on a sile will be with the clerk a like number of printed allowed for argument, without leave granted copies of a reply brief, to be disposed of as before the argument begins; and the court above provided; and the case shall be deem- may limit arguments to a less time. ed ripe for hearing at the expiration of the tiine fixed for filing the reply brief.

Rule 10.-READING OF AUTHORITIES; 2. In case the advancing party shall fail

BOOK-MARKS. to file his brief within the time limited there. for, the court may, on motion, affirm the

Extended reading of authorities will not judgment or decree below; and no party in be permitted. default under the provisions of the preced

Authorities submitted shall contain booking section will be heard, unless by consent marks at the pages cited. of his adversary or leave of court. The court, or a single justice in vacation, may,

Rule 11.-DAYS OF SITTING, on motion and for cause shown, extend the

The court will not sit on Mondays nor on periods prescribed in the preceding section. Saturdays.

3. Brief's shall contain a clear statement of the points to be discussed, with a refer

Rule 12.-FILES. ence to the pages of the record and the au

Files and records shall not be taken from thorities relied on in support of each point; the clerk's office without an order of court. and if of more than twenty pages, the brief shall have a table of contents and an alpha-Rule 13.-ASSIGNMENT OF COUNSEL IN Letical list of the cases cited.

CRIMINAL CASES. 4. If the bill of exceptions, including the pleadings, reports, documents or other matter Assignment of counsel to assist state's attherein referred to, is voluminous, briefs torney's in county court will not extend to shall contain a concise statement of the sub- this court. As a rule such assignment will ject in litigation and the claims of the re- not be made here. spective parties.

No compensation for services in this court 5. Brief's shall contain specific reference will be paid by the state to counsel assigned to such parts of the evidence as may be deem- by a county court to defend a respondent, ed material, giving the page and the number unless it is considered that the difficulty and of the interrogatory and answer as marked importance of the question is such as to on the copy of the testimony furnished to the justify bringing the case here, and it is made court, and the name and mark by which any to appear that the respondent is in need of


Rule 14.-EXCEPTIONS BY DEMURRANT. , when an applicant has pursued less than a

When a demurrant is the excepting party, full three years' course of exclusively legal he will not, wthout leave, be heard upon study in any such law school, the time of any cause of demurrer not shown by the bill such study may be allowed as an equivalent of exceptions to have been specially pointed for the same time of study in an office, but out on the hearing below.

the last year of study shall be in an office within the state; and provided further, that

when study in a law school is presented in Rule 15.—APPEALS FROM INDUSTRIAL ACCIDENT BOARD.

part compliance with this rule, a certificate

of the dean of the law school attended shall 1. Appeals from the industrial accident | be produced, showing the time such study board shall be docketed in the supreme court was there pursued. of the county wherein the hearing was had, or, if there has been no hearing, in the su

Rule 17. preme court of a county wherein a civil action between the parties would be triable.

A person proposing to study law with the The same fees shall be payable to the state intention of applying for admission as an atfor entry, tral and judgment as in civil torney, shall present to the board of exam

iners for admission to the bar satisfactory

proof that he has a high-school education, or 2. The appeal papers shall consist of a

its equivalent. certified copy of the proceedings appealed

The board of examiners, under the superfrom, setting forth the questions of law to be determined by the supreme court; and vision of the chief justice of the supreme the provisiors of these rules as to the print- court, shall, on the first Tuesday of the Octoed case, the briefs, and the time for hearing ber term in each year, duly consider and pass shall apply to such appeals.

upon the sufficiency of the proof presented 3. No such appeal shall be entertained un

under this rule, make report thereof and less the appellant has filed with the clerk of place the same on file in the office of the the board a bond in the sum of fifty dollars, clerk of the general term of the supreme

court. And in case the proof presented is to secure the prosecution of his appeal and the payment of intervening damages and found to be satisfactory and such person has costs occasioned thereby; and this court filed or shall file with such clerk a notice may order an additional bond, if necessary. stating that he has commenced such study

with such intention, and with whom and where he commenced, and also a certificate

of the attorney with whom he is studying, Admission of Attorneys.

stating that he is so engaged and when he

began, the three years provided for by rule Rule 16.

16 shall commence from the date of filing

such notice and certificate. But an appliEach applicant for admission as an attor- cant who begins his study of the law in a ney of the courts of this state, shall be a law school, completes a three years' course citizen of this state, at least twenty-one years therein, and is graduated therefrom, as proof age, of good moral character; and shall vided in rule 16, shall be required to file have studied in the office of an attorney of with such clerk a notice stating only that he the supreme court within this state at least has so commenced or is about to commence three years during the four years preceding such study, with such intention, and the atsuch application; provided, however, that torney with whom and where he is registerany applicant who shall have pursued the ed as a law student; and the three years full three years' course of exclusively legal provided for by rule 16 shall commence from study in a law school chartered by any state the date when he actually enters upon his of the United States, or established as a de studies in the law school, but the required partment of any college or university so six months in a law office shall not be deemchartered, and maintaining a stated course ed to have commenced before the filing of the of exclusively legal stridies, or in the law notice above specified, nor before the filing school at the University of Oxford, England, of the certificate of the attorney with whom and shall be graduated therefrom, shall be he is studying, stating that he is so studying required to study in a law office in this state and when he began. at least six months within the two years preceding such application; provided fur

Rule 18. ther, that when the whole three years' study is in the office of an attorney, the supreme Every applicant for admission as an atcourt may, upon sufficient cause shown in a torney shall file with the clerk of the general particular case, allow study for one year term of the supreme court, at least ten days in an office outside the state as an equiva- before the October session thereof, a petition lent for one year of study in an office within for such admission, verified by his affidavit. the state, but the last year of study shall be stating his age, residence, time of study, and


pursued, accompanied by an affidavit of an, admission is recommended in writing by the attorney of the supreme court, stating that board, the court shall thereipon cause the the applicant's studies have been actually proper oaths to be administered, and such pursued as required by rule 16, and also ac- applicants shall be admitted is attorneys of companied by certificates of at least three the supreme court and of the county courts. such attorneys that the applicant is of good Reports of the board shall itate the methmoral character.

od of examination adopted, and the standard Rule 19.

of qualification required by it as the basis of

its certificates. Such applicants shall be qualified in the

Rule 20. law upon the following subjects: common law pleading and practice; evidence; do

An attorney from another stite may be admestic relations; personal property;

mitted as an attorney of the courts of this tracts, including sales, bailments and negoti- state without examination, upn proof that able instruments; agency ; partnership;

he is an attorney of the highest court of such corporations; real property, including mort- other state, and has practiced law one year gages and landlord and tenant; wills and as such, and is of good moral character, and probate law; equity jurisprudence; pleading has resided six months next preceding his and practice in chancery; torts; criminal ap ication in the county in this state from law; the important provisions of Vermont which his application is made, and that he statute law, especially those modifying the is a citizen of this state. But if such attorcommon law, and those relating to practice, ney has not so practiced, he may be admitconveyancing and probate; the constitution ted upon examination after six nonths' study of this state and of the United States; and of law in a law office in this state. In such legal ethics. They shall be thoroughly and case the study in an office shall not be deemimpartially examined upon at least twelve of ed to commence until the applicant shall file the foregoing topics. The examination shall with the clerk of the general tern of the sube conducted in public, and shall be both preme court a notice stating that he has oral and written.

commenced such study with that intention In deciding upon the qualifications of ap- and with whom and where, and also a certifiplicants, the board of examiners shall con- cate of the attorney with whom he is so sider and weigh not only the accuracy of studying stating that he is so engaged and the answers given, but also the grammar and when he began. composition of the papers submitted.

Such examination shall be had on the first three days of the October general term, at

Adoption of Rules. the place of its session, by not less than four The foregoing are adopted as the rules of members of the board; and if the applicants the supreme court, to take effect December are found in all respects qualified, and their 1, 1915.

[ocr errors]
« AnteriorContinuar »