The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-03
SUPREME COURT RULES.

Some Of the Resisions Made to the Old
Practice.
The rules have been revised and about
1000 printed copies will be ready for distri-
Sution among the attorneys of the state.
attorneys should make their applications at
once to The clerk of the court. Among the
changes made are the following: In all
cases where an appeal ia perfected and the
statement settled twenty days before the
of the next succeeding term
the transcript of record is to De filed on or
before the first day of such term. If the
transcript of the record is not filed within
the time prescribed the appeal may be dis
missed, on motion, upon satisfactory evil
dence of such omission. A cause 30 dis
missed may be restored during the same
term, upon good cause shown, on notice to
the respondent.
Parties by stipulation in writing may
submit cases at any time upon briefs for
the decision of the court.
Appeals in criminal business shall take
precedence of other business, and shall be
put upon the calendar upon the motion of
any party thereto.
shall be taken from the court room or Of
flee of the clerk, except upon the order of
the court, or q justice thereof; and when so
taken the same shall be returned within
twenty days in all cases, or within a shorter
period if ordered.
No more than two counsel will be heard
upon a side, and not over one and a half
hours on n side for argument will be allow
ed. unless permission be asked and allowed
before the arguments commence. When
permitted by the court, arguments on mo-
ions are limited to fifteen minutes on Il
side unless an extension of the argument is
requested by the court.
On motion to dismiss the appeal for the
failure to perfect the same, there shall be
presented q certificate of the clerk below,
under the seal of the court, certifying the
amount or character of the Judgment or o.
der appealed from; the date of it's rendi-
alton; the fact and date of the filing of the
notice of appeal, together with the date of
service thereof on the adverse party; the
fact and date of the filing of the undertake
ing on appeal; the fact and time of the set
Element of the statement, if there be any;
and also, that the appellant has received a
duly certified transcript, or that such tran
script has not been requested by appellant,
or, if requested. that tho appellant has not
paid the fees therefor, if the same have
been demanded.
All transcripts of records in cases appealed
to this court shall be printed or written in
type on paper of uniform size and quality
with a margin at the top, bottom and side
of each page, which shall conform sub
stantially in form and quality to a sample
to be furnished by the clesk of this court.
Each transcript shall be fastened together
on the top or left side of the pages, and
shall have blank fly leaf covers aud but one
side of the leaves shall be written or
printed upon. The pages and lines shall be
numbered. The %pleadings, proceedings
and testimony shall be ohronologically ar
ranged. and all documentary evidence,
where the same was introduced. Each
transcript shall be prefaced with an alpha
betical index. specifying the page of every
paper, order of proceeding and OF the testi-
mony of every witness, and every docu-
mentary exhibit.
When there is an exception to the action
of the court below IN striking ont. or refus-
ing to strike out portions of pleadings,
violence or records, the same shall be re-
cited in full in the exception or motion. or
be designated. by the lines and pages of the
transcript. instead of the lines and page of
the original paper.
In all cases the cost of appeal shall be
taxed against tho unsuccessful party unless
otherwise ordered by the Judgment of this
court; and the remittitur shall contain a
statement of such costs Us are paid to the
clerk of this court.
The transcript on appeal from a final
Judgment shall contain copies of the notice
Of appeal, proof of the ser ice thereof, and
undertaking on appeal, the pleadings on
which are dundee the issues in the case,
the judgment. and such other parts of the
Judgment roll as are necessary to present OF
explain the points relied on, and the state.
ment, if there be any.
TIN transcript, on appeal from judgment
rendered on an appeal. or from an order,
shall contain copies of the notice of mp.
peal and proof of the service thereof, on
appeal, the Judgment or order appealed
from, and of the papers used Oh the hear
ing in the court below.