The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-31
RULES OF THE SUPREME COURT
FOR THE
NEW ORLEANS DISTRICT.
Adopted May 10, 1877.


courts must observe the following require |
ments:
First--Such transcripts should be written in |
Hhc latter having d double margin on eaach
page thereof, and the various partS should be |
securely. fastened together.
iSecOnd-The different portions Of u record
should be made TO appear in the order OF their
Third Provided, however, that when the
records OF one or more other suits are intro |
duced as evidence In o cause, such records |
should appear in the transcript, distinct
from and subsequent In order to the rest Of
the record OF the principal suit.
Fourth-The transcript should show for |
which party to the suit each witness is sworn,
and by which party each document OF record
Fifh-No one document should be copied
twice In the transcript.
jSirth-Au accurate alphabetical index
should be attached TO and form part Of each
transcript, affording reference to particular
pages Of the same land with proper designa
tioBs on words Of description for the several
pleadings, processes and orders in the suit;
| for the depositions and testimony Of each wit
| ness by name land not by general reference
| to testimony; for the note of evidence; and
| for each document giving the latter it's cor
rect title, or some sufficient designation show-
| ing It's nature and character land not merely
| thereon.
Serenth-Provided, that when records of
other suits are included In the transcript, as
| indicated above, in the fourth requirement. @
| like index to each Of such records should fol-
| low tho general index.
| Q. Any neglect or omission to observe this
rule strictly will subject clerks as aforesaid
to the cost Of repairing such neglect orsomis-
| SION
| RULE H.
The party applying for the fling Of trans
| Cript OF the record in q cause in this court
must first tender to the clerk his bond, with
I satisfactory security, In the sum Of fifty dol
lars, for the payment OF such fees as may ac-
crue to the clerk, or deposit with the latter,
in place Of such bond, the sum Of fifteen dol
lars
/. Cases will be docketed in the order Of
their filing.
3. Pursuant To act No. II of the laws Of
1876 the clerk will keep u Summary Docket
but will enter causes therein .Ronly on the
formal application of counsel in writing, stat
ing the facts emitting such causes to a SUM
mary trial, and he will so enter in the order
of such application.
, 3. Whenever it shall be made to appear to
the court that o case has been improperly
caused by counsel TO be placed upon Che Sum
mary Docket, the same shall thereupon be
transferred TO the Ordindry Docket, and en-
tered at the foot thereof.
RULE nv.
E1 Only counsel engaged in case will be
allowed TO withdraw tiie record Of the same
from the clerks office, and then not until the
expiration Of the three days allowed by law
within which motions to dismiss may be
filed.
q. Records shall in all cases be receipted fot
on withdrawal They should be returned to
the Office within q reasonable time and must
be 50 returned upon the reqaisition Of the
clerk
Court will be held each alternate week o
the session.
RULE VI.
. l. On Monday OF each court week cases vii
be called and fixed for the next court week
three for Monday, and eight for every Other
day.
| These casee shall be properly posied by The
clerk by Il o'clock of the aest day day, which
shall be notice to oil parties. This portion
: Of the rule will not apply in country terms
{ during the pendency OF which cases will be
called and ~ tried continuously in the order in
which they are filed.
{ 2; Before the calling of cases opportunity
" II bo given counsel to have any cause On
titled to preference, but not to entry In the
Summary Docket, made subject, on motion,
to be called and fixed for trial.
B.. All cases which have not been submitted
to the court after having been twice daily y
called for trial, shall be removed from the
docket and placed upon docket to be called
, the Delay Docket, and shall not be again put
upon the Trial Docket-except on motion and
leave granted thereon
RULE VII
/. Within six days after any cause shall be
fixed for trial, the appellant shall file with the
clerk printed brief Or abstract Of the cause,
, containing the substance Of all the material
pleadings, facts and documents, (referring
!, particularly to the pages of the record where
they may be found, and an accurate reference
/ to the points of law and authorities upon
which he relies.-Ten copies thereof to be
: furnished and filed with the clerk; one for the
iOnpDGitn C0uuSn1 and the rpYuaindnr for thn
use of the court.
= 2. Within twelve days after the fixing Of q
cause the appellee shall also file ten copies OF
q similar brief, ernbodyjng the requirements
set forth In regard to appellants.
8. No cause shall be heard unless one at
least OF the parties has complied with the
, foregoing sections of this rule, and If neither
, party has 50 complied, the case shall be con-
only one party has complied, he may argue
or submit the cause, or he may decline to do
either, in which last event tie case shall be
! continued and go the foot of the docket, and
it is made the duty Of the clerk to inform the
court on this point when q case is called for
trial.
4. II appellant has filed a brief before the
day fixed for hearing the cause, but not
D within six days after it was fixed for hearing,
and the appellee has not filed brief at the
time the cause is called for trial, then the ap-
, pellant may submit the case, and the appel
9 lee may be allowed five days to file his brief,
but the case shall not be orally argued.
. II the appellant shall not have filed any
|, , brief before the day fixed for the hearing Of
the cause, and the appellee has filed his brief
i before the opening OF the court on that day,
,, the latter may argue or submit the cause or
not as he shall prefer, and appellant shall not
in that case be permitted to argue orally the
cause, If the appellee does not nor shall he
have time to file brief.
s. The clerk shall receive no brief in q cause,
after it is submitted, unless accompanied by q
certificate in writing from counsel that he has
delivered q copy to the opposite counsel with
the date of such delivery, or by written
opposite counsel, who shall have, upon ap-
plication to the court, a reasonable time from
, the date OF such delivery or waiver in which
to reply; and in such cases ten copies must be
filed by such party as prescribed in the first