The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-14
~ IRClNIA, to wit: At a Cour. o. Appeals,
held at the Capitol in Richmond the

" IRCINIA, to wit: At Conr o. Appeals,
held at the Capitol in Richmond, the
third day Of May, 18li
The act Of the last Assembly, concerning the
Court OF Appeals, having it necessary to
revise and add to, the former rules of this Court,
they have been revised as follows, and are or.
deredsto be published, for the information OF the
bar & the public.
1. Ordered, that no affidavits be read in. sup
port OF, or opposition to any motion hereafter
made to the Court, unless reasonable nnuce be
given to the opposite party Of the time s. place
otaaking the same, or good cause be shewn why
euch notice IS not given and every motion
which is nota motion ofcourse shall be supper
ted by affidavit.
z. ordered, that objections to securities given
upon obtaining wrts of superssdeas, wrIts oil
error or appeals, shall hereafter be made with
IN SIXTY days after bringing up the record, and
not afterwards, unless for good cause shewn to
the court.
8. A clear and concise state of the case of
each party in all appeals from DEGREES in chan
Gerry, and in all appeals, writs of error, or super
sedeas, to, or from, Judgment cf the general
court or any superior court of law, in which
demurrer, special verdict, case agreed, demur.
fer to evidence, bill of exceptions or poiut re-
served shall constitute part OF the record. or
EXHIBITS IN the cause, with the points insisted
on, signed by his counsel and printed or fairly
transcribed. the expence whereof shall be taxed
IN the bill OF costs, snail be delivered 10 each
Judge before the hearing of the CAUSE & no
error other than such shall be pointed out and
msisteo on IN such statement on the part of the
plaintiff or appellant, shall be (without leave
OF the court admitted as ground for argument
on the hearing of Tire cause. and all dispositions,
EXHIBITS, accounts and articles intended to be re.
lied upon Or objected to in the argument shall
be particularly noticed in such state, and re.
ference thereto in the official copy of the record
IN the cause be made. If statements shall not
be furnished IN, pursuance of this rule, the eau
yes WIZ be either dismissed. heard ex parte, or
put at the end of the docket.
All clauses depending in this court, which
shall De ready for hearing in pursuance Of the
preceding rule shall, unless good cause be shewn
to the contrary, be heard in the order in which
they stand upon the docket any cause &c. al
lodged to be merely for delay may upon motion,
be taken up at any convenient times days pre-
vious notice having been entered on the docket,
unless statement shall be exhibited to the
court, showing it to be case for argument.
5. Ordered, that no petition for an appeal from
any decree IN chancery, shall hereafter be re.
ceiyed or allowed by this court, or any Judge
thereof, unless the nature of the case and the er
rors supposed to exist in the decree, sought to
De reversed, be clearly and distinctly set forth
IN such petition q the same be signed by the
party or his counsel preferring the same.
o. No Counsel or Attorney who shall prose-
cute any suit in an inferior court. in which an
appeal shall be pray ID, shall be permitted to
appear or prosecute the same in this court.
7.Where there are 2 or more counsel on the
same side, no one of them shall argue twice, ex.
eept by the leave ofthe court
6. The absence of counsel although attending
any other Court, except by special permission of
inns court will not be considered good cause
Tor delaying or continuing any suit
~ In chancery causes it 10 unnecessary to
read the record, but The counsel may refer there.
10, and state what they consider as proved by
the answer OF any dispositions or exhibits on
which they rely and in all cases it is recon
mended to the gentlemen of the bar to select
and cite only tie most pertinent authorities
~. Cases OF peculiar hardship or general in
convenience may be heard out of course where
the reasons for SO doing are extremely strong
to ascertain which clear and candid state of
the case, and of the facts on which the reasons
for departing from the regular course, are foun.
ded, shall be presented to the Court, verified
by affidavit, where such can be obtained, or
signed by the counsel preferriug the petition
notice of which by presenting copy Of the petit
ton TO the Counsel for the adverse party is TO
be given at least four days before the petition
shall be presented. And in case the petition is
intended to be opposed, the adverse counsel
shall present 10 the court and the counsel for
the petitioner, IN writing, the reasons for such
>fFN't vS'bJiuS VI 0cUyuIR, III Tile same
manner any facts, which may be relied on in
support Oh or opposition to the petition, at least
one day before the petition shall be presented !;
which matters so stated the court will take into
consideration without argument, and decide
thereupon as to them shall seem most teasona.
BILE.
III 1t is expected, that the counsel will res
PectiVely IN all cases, where special decree or
entry shall be deemed necessary, prepare notes
OF such decree or entry, as they may think
ought to be made in the cause to be con-
sidered AS part of their statement, and deliver
ed to the Judges with the record, at the final ar
gumeft in each cause
IL. Where any process issued to revive suit,
on the destn OF party, either plaintiff or defen.
dant, shall be returned executed, there shall be
at least sixty days allowed to the party or par
lies, IN whose name or names such suit may be
revived, to prepare for the trial thereof
IL. No certificate Of a judgment or decree Of
the court OF appeals shall, without the special
direction OF the court, be transmitted to any ia
ferior court, in less than sixty days rendition
thereof, unless the court shall previously have
adjourned for one or more weeks.
- A Copy-Tese,
II. DANCE, c. c.
Nay III 2t
T6ArTl VOD OIT n