The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-10
I 7 IRGINIA, TO WIT: At a superior

' Court OF Appeals, neld at the Capitol in
Richmond, the third day of May, 1911.
The act of the last Assembly, conce ming the
Court OF Appeals, ha' ing made it necessary O
r Use and AID o, the former rules OF this Court,
they have been revised as follows, and re or
dercdtto be published, for the information OF the
bar & the public.
l. Ordered, that no affidavts be read in sup
port OF, or opposition to any motion hereafter
made to- the Court, unless reasonable notice be
gwen to the opposite party of the time K place
OF taking the same, or good cause be shewn why
such notice IS not given and every motion
which is not rnoton ofcourse shall be supper
ted by affidavit.
g. Ordered, that objections to securities given
upon obtaining wrts of supersedcss, writs o f
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.
3. A clear and concise state of the case of
each party In all appeals from decrees i'll chan
Gerry, and in all appeals, wr,s OF error, or super
sedeas, 10, or from, a Judgment ct the general
court or any superior court of law, In which
demurrer, special vertlici, case agreed, demur-
rer to evidence, bill of exceptions point
served, shall constitute a part OF the record, or
exhibits IN the Cause, with the points insisted
on, signed by his counsel and printed OF Iairiy
transcribed, the expence whereof shall be taxed
in the bill of costs, snail be delivered to each
Judge tcforc the hearing OF the Cause no
error other than such shall be pointed out and
INSISTED OF IN such statement on the part OF the
p.s.'';iif or appellant, shall be (without leave
oil the eourt) admitted as a ground tor arsumen.
on the hearing of the cause, and all DISPOSITIONS,
exhibits, accounts and articles Intended be re-
he'd upon or objected to III the argument shall
DC particularly noticed III such state. and a
terence thereto IN the Off IA, copy oi the record
IN the cause be made. II statements shall not
oe furnished in pursuance of this rule, the eau
ses will be either dismissed, heard ex parte,
put at the end OF the docket.
Ali causes depending in this court, which
shall be ready for hearing III pursuance OF the
preceding rule shall, unless good cause ne si,ewn
10 the contrary, be lie ard IN the order IN which
they stand upon the docket any Cause sc. al
lodged TO be merely for delay may upon notion,
be taken up at any convenient tine,sIX days pre-
vious notice having been entered on the docket,
unless a statement shalt be exhibited to the
court, shelving 1T to be case for argument.
S. Ordered, that no petition Tor an appea, from
any decree in chancery, shall hereafter be re-
ceived or allowed by this court, Or any Judge
thereof, unless the nature of the case and the or
rors supposed TO exist in the decree, Sought to
be reversed, be clearly and distinctly set forth
IN such petition & the same be signed by the
party or his counsel preterring the same.
6. No Counsel or Attorney who shall prose-
cute any suit in an inferior court. in Which an
appeal shall be prayed, shall be permitted to
appear or prosecute the same in this court.
7. Where there are Q or more counsel on the
same side, no one of them shall argue twice, ex-
cept by the leave ofthe court.
8. The absence Of counsel although attending
any other court, except by special permission of
this court, will not be considered good cause
for delaying or Continuing any suit
9 In chancery CAUSES 1t 10 unnecessary to
read the record, but the counse! may refer there
TO, and state what they consider proved by
the answer or any dispositions exhibits on
which they rely and in all cases it is recon
nended to the gentlemen ofthe bar to select
and cite only the most pertinent, authorities
10. Cases of peculiar hardship or general in
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, aud 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 preferring the petition
notice of which by presenting a copy Of the peti-
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 oppos, d, the adverse counsel
shall present 20 the court and the counsel for
the petitioner, in writing, The reasons for such
opposition, verifying or denying, in the same
support OF, 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
as to them shall seem most reasona.
BILE
IL II is expected, that the counsel win res
pectively in all cases, where special decree or
entry shall be deemed necessary, prepare notes
of such decree entry, as they may think
ought to be made IN the cause to be con
sdered as part Of their statement, and deliver
ed to the Judges with the record, at the final ar
gument ~ each cause.
10. Where any process issued to revive snit,
on the death Of psrty ,either plaintiff or deien-
dsnt, shall be returned executed, there shall be
at least sixty days allowed to the party or par
ties, III whose name or names such suit may be
rev we'd, to- prepare for the trial thereof
10. No certificate ola judgment or decree OF
the court Of appeals shall, without the special
direction of the court, be transmitted to- any ls-
ferior court, in less than sixty days rendition
thereof, unless the court shah previously have
adjourned for one or more weeks.
a Copy-Ieste,