Birmingham state herald., 1895-12-22
SUPREME COURT RULES.
Some Very Important Regulations Concerning the Submission of Cases Just Adopted
 by That Body

1. Twenty days before it is proposed to submit any civil cause for the consdera- tion and decision of this court, counsel for the appellant, upon their professional responsibility, shall prepare, have print ed, as hereinafter provided, and serve upon counsel for the appellee statement or abstract of the transcript, showing the pleadings in the cause in the order of their filing by dates, the rulings of the court thereon, the issues on which the cause was tried, and also the facts on which the issues were determined, in as condensed form as practicable to a fair and clear presentation thereof. Said statement shall also contain so much of the evidence as may be necessary to pre- sent clearly the rulings of the court upon the admiSSibility of testimony, upon re- quests for instructions to the jury and with reference to those parts of the gen eral charge given ex nero motu by the court to which exceptions are reserved, the charges requested and given and re- fused, the rulings upon which are assign ed as erroneous, and such parts of said general charge as may be necessary to fairly present the exceptions thereto; and the exceptions reserved to any ruling or action of the court and also the errors relied on for reversal shall be stated therein. Said statement or abstract shall be printed on good paper, in pamphlet form, not less than 10 by inches in size, with not less than 1 inch top and 2 inch side margin, and in not smaller than long primer type Appellants counsel shall at the time of serving his abstract also deliver to appellees counsel the transcript for this court, which shall be returned to appellants counsel in time to be filed by him in this court on or be- fore Monday of the week in which the tc tn ha cIhrndttad There shall he filed with the transcript six copies of the abstract for the use of the court be- fore the cause is submitted. The cause may be tried thereon as in all respects full and correct without reference to the transcript, unless the appellee questions the correctness thereof in some specified particular, which he may do by filing at the time of submission statement, printed as the abstract for the appellant is required to be printed, with approprf- ate references to the transcript by pages, showing wherein appellants statement Is incorrect or insufficient in which case the court will verify the statements by refer ence to the transcript. If the appellant fails to comply with this rule, the cause may be dismissed on motion of the ap- pellee when 1t is reached on the call of the docket or would be ready for such submission but for such default of the appellant; provided, the court may for good cause shown excuse such default or allow further time for compliance With this rule upon such terms as the court may impose The costs of printing state ments under this rule shall, on proof to the clerk of this court. be taxed as costs in the cause accruing In this court, as other costs are now taxed.
 ?. Counsel for both parties at the time of submission of any civil cause shall file their briefs and arguments, printed or written. as now required by the rules on that subject, except that said briefs or arguments need not contain a statement of the facts of the case. tS9 Ala. p. xO IT appellants counsel is in default for fall ing to comply with this rule. the case shall not be submitted or heard on his motion, and rlay be dismissed on motion of the appellee; and when counsel for ap- pellee is in default he will not be heard on the merits of the appeal except by the consent of his adversary. and upon the request of the court. After a cause has been submitted or heard no brief will be allowed to be filed or furnished. except on the consent of judge of the court upon satisfactory proof that copy thereof has been furnished to the other side, and in such case the opposite party may reply to any new matter presented by such brief.
 3. The foregoing rules shall be in force from and after their adoption, but shall not operate in cases where the transcripts are filed in this court prior to that date.
 Adopted December 20, 1895.
 STERLING A. WOOD. Clerk.