Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-01-10
RULEs
Aporrrp JANUARY 4rH, 1866. Isr

MOTIONS.
Rule 1. Motions are to be made immediately
after the orders OF the preceding day are read,
and the opinions Of the court of the current day
are delivered; bot as no other time. unless in
cases Of necessity. or In relation TO cause when
called in courss.
Rule 2. Motions are 70 be made by the counsel
in the order In which their names stand on the
record ;Jbus no ore Is TO make more than one mo
ton at q time.
Rule 3. when a motion IL founded on q mat
ter of fact. which Is not admitted, or apparent on
the record. IL must be supported By affidavit.
Rule 4. ALI motions hereafter made 10 the
court, shall be reduced 70 writing. and shall con.
tain brief statement of the facts and objects OF
Rule 5. On motions and collateral questions,
butone counsel will be heard. either side, with
out leave Of tho court.
Rule 6. No motion shall be argued. unless the
court direct the same to be argued: but the par
ties may make bret. .,
KruEsRTSos ~
Ruls7 Rehearings must be applied for by
petition. IN writing. setting forth the carses Tor
which the judgment is supposed to be erroneous.
The court will consider the petition without oral
argsment. unless otherwise directed by the court.
SUBMISSION OF CAUSES.
Rale 3. When : cause, in appeals in vacation,
" called, which has been docketed more than
ninety days before the term, and there Is no ap
pearance Tor the defendant process not having
been served ten days, nor taken ont sixty days
before the term), the suit shall be dismissed.
Rule 9. III cause be docketed on or before
the first day of the term, and IL, 10 appeals in
vacation, the process has been served ten days
before the term, the parties must be ready when
the cause il called. m s
Rule 10. The party bringing the cause into
this court shall le with the transcript, or, where
the TRANSCRIPTS is fled for a supersedeas, within
ten days. and on or before the first day OF the
term az which the cause stands for trial, two
copies Of . complete abstract. printed, or plainly
written, Of much Of the transcript as Is neces-
sary TO present the errors assigned and relied up
en-, referring in such abstract TO the appropriate
pages, and lines Of the pages. of the transcript,
by numerals; one of which copies of the abstract
may be withdrawn by the counsel for the ap-
pellee application to the.clerk. and receipting
therefor "A failure 10 comply with this rule
shall be deemed waiver of the errors as
signed
Rule III. In case the appellant fails TO comply
with the foregoing rule, in any cause where the
appellee shall assign cross errors, the counsel
for the appellee shall file, with such assignment
of cross errors, abstracts as required by the
above rule, and failure to do so shall be deem
ed a waiver of the cross errors assigned
Rule IL. The counsel for the opposite party.
If he be not satisfied with the abstracts filed.
may file such further abstracts, in discharge OF
the rule, as he may deem required, upon the sub-
mission OF the cause.
Rule ID. Ali causes pending in the supreme
court, il submitted within one year from the
date at which they filed, may be submitted
upon plainly written, or printed. briefs. Ii not
submitted within one year from the date OF FL
ing, except where interlocutory orders may ex-
fho dala fhav xrfl ho "A iacafo call
of the docket unless submitted on printed brief
In all cases, the clerk shall note the filing Of a
brief the party by whom il is fled. and place il
in the record.
Rule IA No counsel will be permitted to
speak, in the argument Of any case, more than
one hour, without the special leave OF the
court
Rule Is. Counsel will not be heard orally
unless plainly written or printed brief be first
fled, of the points intended to be made, and the
authorities intended to be cited in support oil
them arranged under the respective points, anC
no other book or case shall be referred to in thu
argument. IL one of the parties omit to file such
q statement. he cannot be heard, except on the
points made and authorities cited by the opposite
party. Two printed or plainly written copies OF
the points and authorities required by this rule
shall be filed with the clerk three days before the
case is called for argument, one TO be retained
by the clerk and the other for the counsel Of the
opposite party; and points and authorities in
reply may be cited and filed at any time before
the argumen. begins. When no counsel appes rs
for one Of the parties, and no printed or written
brief or argument is filed. only one counsel shall
be beard for the adverse party. But if printed
or written brief or argument is filed, the adverse
party will be entitled to be heard BY two coun.
sci.
Rule l6. The causes will be called for argu
ment. beginning with those from the first circuit
in the order in which the same shall have been
docketed, and so continuing by circuits, in nu
merical order, on such days as the clerk, under
the direction OF the court. shall determine. OF
which due notice shal be given.
WITHDRAWAL OF PAPERS
Rule II. The clerk mas. not, after the ab-
stracts have been made, permit the papers of a
cause to be taken from the state house, except
by the judges. The clerk may. upon his own
responsibility. permit the party entitled to make
such abstract. to take the papers for period not
exceeding three days, having power TO require
such reasonable securitg as he may deem proper
NAMES OF PARrIEs-PRocEss.
Rule ls The assignment of errors shall con
tain the full names of the parties, and process
p when necessary. shall issue accordingly.
APPEARANCES
Rule - Appearances TO suits in this cour
shall De entered In tue clerk once ia wiring.
Rule %. A joinder in error, or the fling Of al
answer by the party in person, or by his attorney
thereunto lawfully authorized. shall be deemet
and taken as appearance in writing under tn
absve rule.
81 INTERCHANGE or BRIEFS.
Rule 81 Attorneys upon opposite sides vii
he reosired upon request, TO interchange briefs
BILL on HxCxrrIoNs CONTAINING EVIDENCE
Rule %. IN every bill Of exceptions purport
ing TO set out the evidence. upon motion for
new trial overruled. il must be stated, in appro
pirate language, that all the evidence given II
the cause is contained therein and the 30tl
Rule, heretofore adopted BY this court, is re
scinded. as 20 all causes nov pending.
PROSECUTING ATTORNEY.
Rule % Prosecuting attorneys will not b,
required TO file printed briefs in cases wherein
they appear as such for the defendant
DISTRIBUTION CAUSES.
Rule %. After submission. the papers shall
be delivered BY the clerk to the chief justice
who shall have control thereof until the cause i
decided 10 full bench. and the papers are dev
cred over to the judge who may be selected Il
prepare the opinion therein and the chief Just
ice shall keen n priyate memorandum of such