The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-06-12
THE SUPREME COURT.
The New Rules Adopted and Now in
Force.


Force
The following rules are adopted by the
supreme court, to take effect June 10, $780,
Rule 1.-THE clerk OF this Office shall keep his
office ut the place where sessions of this court
are held. Three days before the first day of
each term he shall prepare calendar for each
member of the court and one for the bar,
wherein the CAUSES brought into this court shall
be entered in the following order, viz: causes
arising under laws OF the United States; p
Criminal causes arising under the laws of the
territory; 3-Ail other causes in the order OF
the filing of the transcript. In the title OF all
cases in this court the plaintiff in the court
below shall be first named, being called appel
liant or respondent as the case may be.
Rule 2-ln all cases where an appeal shall be
perfected transcript of the record shall be
6led IN this court within thirty days after such
appeal shall have been perfected, unless fur
Their time is given by this court or n Justice
thereof. This transcript shall be certified TO be
correct by the attorneys OF the respective
parties, or by the clerk of the court from
which the appeal is taken. the plead
ings, proceedings and papers shall be
chronologically arranged in the transcript, and
the pages of said transcript shall be numbered.
and the transcript shall be prefaced with an
alphabetical index, specifyin the page on which
each separate paper pleading. proceeding and
the Testimony OF each witness is found Pro-
yided that the appellant or his attorney may by
praecipe indicate TO the clerk what of the files
Of the cause shall be inserted in the transcript,
and in SOcn case ii tne record snail be found
insufficient. it shall be perfected at his cost;
and Il unnecessarily voluminous the cost OF the
unnecessary parts shaii be taxed against him.
Rule 3-If the transcript be not filed within
the time prescribed or allowed the appeal may
be dismissed on motion during the first week OF
the term without notice, and at any time after.
wards upon notice; a cause so dismissed with
out notice may be restored during the same
term on notice of FIVE days TO the adverse party
and for good cause shown; but unless SO re-
stored the dismissal shall be final.
Rule a-On such motion there shall be pre-
sented to the court the certificate of the clerk oil
the court below. under the seal of such court
certifying the amount or character of the judg
ment, the date of its rendition the fact and
date OF the filing of the notice of appeal and the
fact, date and mode Of service thereof the fact
and the date of the filing of the undertaking or
appeal and that the same is in due FORM ant
also that appellant has received certified
transcript of the record or that he has failed II
request one, or has failed to pay the legal fee.
therefor. IL the same were demanded; but IL
case the transcript has been certified to be cor
rect by the attorneys OF the respective parties
the fact and date thereof may be shown oy any
one of them by affidavit.
Rule 5-For the purpose of correcting an,
error or defect in the transcript, either part,
may suggest the same in writing to this court
specifying such error or defect, and obtain al
order that the proper clerk certify the whole OF
part OF the record as may be required: or tn,
same may be corrected by stipulation of coun
sci in open court before argument If the attor
ney of the adverse party be rot present. j
the fact of the alleged error or defect be contro
verted by him. the suggestion must be accom-
panied by an affidavft showing the existence O
the error or defect alleged.
Rule 6-The appellant shall, within ffteel
GAYS OF the filing OF the transcript prepare an'