The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-02
MADE THEIR RULES
APPELLATE COURT MADE LAWS FOR
THEIR OWN GOVERNMENT


and Aueust--Duties of the Clerk Out
lined in the Rules as Well Also as tn
Duties of Attorneys--No Case VIII b
Docketed without the Costs Being Pal,
in Advance.
The rules have been adopted for tn,
government of the appellate court a
"Chita, Which are practically tn,
same as the rules for the Fort Scot
ana Garden City courts, except that a
fort Scott the court meets on the frs
tuesday Of March, June and Novem
Der and at Garden City on the first
tuesday of February, September and
december These rules will be of in
tefest lawyers and ligiants and are as
follows:
l. The court will! meet in regular ses-
SONS at Wichita on the first Tuesdays
OF January, May and October.
Z Eevery pleading filed with the clerk
OF the court shall contain the following
captlon: Kansas Court of Appeals.
Soutnern Department, designating the
4ieislon OF said court in which the same
rs to be filed, followed by the names of
the parties plaintiff and defendant.
s. No cause shall be docketed. nor
process issued thereon except causes
Mherein the state is appellant, until
the plalntlH in error or appellant shall
pay to the clerk S advanse fee: nor
snail any civil cause be docketed until
security for coses shall be given, ap-
proved by the clerk of the court con-
ditioned for the payment of all costs
sor which the plaintiff in error may be
liable "
Counsel for the plaintiff in error
shaI number the pages of the petition
an error and the record, before filing
the same; and the clerk shall prepare
,or the court copy of the same num-
oerlng the pages as in the original
D. NOT less than go days before the
commencement of each term, the clerk
shafl prepare and send to the ATTORNEYS
interested printed copy of the trial
docket for that term, showing the date
upon which each cause will be heard.
Causes will be assigned for bearinp,
IN their order upon the appearance doc
het, except as otherwise provided hv
law; but cause may upon motion filed
therefor be heard out of its regular
order, for special and sufficient reasons
set out in such motion
All causes will be heard bv the court
upon the day for which the are assign
cd.
.. A continuance in civil case I'M |
teSs otherwise expressed in the order. |
VIII carry it to the heel of the docket |
carry IL TO the next assignment of /
causes.
4. counsel for plaintiff in error or ap-
pellant shall file ten printed briefs in |
each case; six copies for the court. and
'olr Tor the reporter and librarian.
stated
Cd complete statement of the case.
presenting the questions involved, In
me order in which they are raised.
~ Specification of the errors COM
planned OF. set out in separate para
graphs. When the error complained
OF consists in the admission or rejection
of evidence the specification shall state
tne 1uH substance of the evidence ad-
united or rejected, and such other por-
eion of the records as shows its impor-
lance or relation thereto. When error
complained of is contained in the ,
Charge of the court, the specification
snall set out that part referred to toti-
Gem verbs, whether in the instructions
gwen or in the instructions refused
to) "A brief of the argument, exhibit ,
In full statement of law or facts dis ,
cussed therein, with the reference to the
pages of record and the authorities re-
hed upon in support Of each point.
s. Council for defendant in error or ]
appellee shall file with the clerk 10
printed copies of his brief before the
case is called for hearing His brief
shall be of a like character with that &
required of the plaintiff in error or ap-
peilant, except that no specification of :
errors shall be required, and no state | ,
flfent of the case. unless that presented ,,
by the plaintiff in error or appellant is ]
controverted.
3. In each civil case, counsel for plain 4
tiff in error shall furnish a COPY OF his ,
brief to counsel for defendant in error
at least thirty days before the time set /
Tor the argument thereof; and the coun- 4
sci for defendant in error shall furnish G
a copy of his brief to counsel for plain I
tiff in error at least ten days before the
time set for the argument thereof. :.
Proof of service of the briefs must be i
filed with the clerk of the court prior to '
the argument of the cause a
In all criminal appeals in which the -
state is party, and in all civil causes
In which the state is a party or in which
any of its property is involved, counsel J
shall serve their briefs upon the Attor- f
hey generalaS wellas upon local counsel; q
such service to be made as in civil !.
cases In case of failure TO comply with .
the requirements of this rule the court
may continue or dismiss the cause or i
affirm or reverse the Judgment. I
10. The clerk will deliver one copy of 6
each brief to the state librarian, TO be
bound and indexed and placed in the Z
state library. That the briefs may be v
Of uniform size. and thus capable of be- p
ing bound in uniform and convenient a
volumes. counsel are requested to have !.
such briefs printed in pages correspond
ing in size and form to the pages of the
Kansas reports. i
II. Attorneys wishing to submit their a
causes upon briefs, on the day they are ',
assigned for hearing, may avoid the :,
of personal attendance a
at court by filing written order with Il
20 SO submit. In all cases, their briefs h
With p,.Onf m SprNirp must hp file
II One hour only, except with the :
of the court, shall be consumed '
n the oral argument Of n cause, by "
counsel for either party. Oral argu- {;
nent upon motion will be limited to o.
thirty minutes on each side. q,
49, Every application for an order in :
my case shall be in writing, and shall =
be granted only upon the filing thereof, Il
md due proof Of service of notice on the e.
diverse party of his attorney, at least II
hree days before the hearing. :,
H. All motions for rehearing of the y
lecision or judgment in any cause lex
.ept when other wise specially permit a
edn must be filed within thirty (S0l Fl
laws after the decision or judgment is q,
and notice. together with a
opy of caid motion. forwith served on a
he opposite party or his attorney; and al
IL such motions will be set down for 80
rearing at the heel Of the docket at the h
irst sitting of the court after service
i the notice OF the motion. Such mo-
ion must distinctly specify the grounds u
pen which it is based. and set out the in
.s.--. l-<l.- &c @,--