The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1902-10-10

snail prepare ana ME WlJn tue CleIh
three type written or printed copies Of
his argument of brief of points and au-
thorities for the use OF this court, and
said copies shall be filed with the
clerk of this court before the cause is
argued orally or submitted on briefs.
Rule. 10. Counsel on either side
may either argue their causes orally
or submit them on briefs as they may
agree at the time Of hearing.
Rule IL. In all causes the appellant
shall file with his brief with the clerk
of this court at or before the cause is
called for hearing, three copies for the
use Of the court, printed or type writ
ten. of an abstract or abridgment OF
the transcript or record, pleadings,
proceedings, facts or documents on
which he relies in such manner as to
bring before the court an accurate and
clear statement of his case. He shall
also deliver to the opposing party or
his attorney Of record ten days before
the hearing of the cause, a copy of his
brief or briefs and said abstract or
abridgment. or deposit them with the
clerk OF this court, for the use of the
opposing party or his attorney Of rec
ord. and in case of such deposit the
clerk Of this court shall at once noti-
fly such party or his said attorney for
whose use they are filed, of such fl
ings, either orally or by postal card
deposited in the post Office addressed
TO the usual place of residence of such
party or his attorney that they are so
filed. and such deposit in said post
Office shall be in effect actual notice
of such fling And the attorney for
the appellee or appellees or said APP
pellee or appellees shall, one week
before the cause is heard or submit
ted, deliver to the appellant or appel
lants or his or their attorney of rec
ord a copy of such brief and abstract
or abridgment of the papers In the
cause and other matters above men
toned, to be contained in the same.
which he or they may make, or file
the same with the clerk Of this court,
who shall at once notify said attorney
or party or parties for whose use the
same Is deposited, in like manner as
above set forth and such action shall
have the same force and effect as If
the same had actually been brought
to his or their notice; and in all cases
either of these notices shall be valid
II so served, on any one of the parties
interested in the cause, or his attor
ney, or his or her attorney interested
in the cause, And in al
cases where the masculine gender
shall be mentioned in these rules the
same shall include the feminine gen
der and the plural designation the sin
gular And the court in all cases mus
be satisfied by sufficient evidence tha
such service, in all cases mentioned
herein, has been had before the caus,
has been heard or submitted.
Rule u. When at the hearing 4
appears that no transcript or recorc
of the cause or briefs or abstract o.
abridgment have been filed on eithe
or both sides, the court may max
such disposition of the case as 1t ma,
deem just and proper, of its own me
tion or upon motion of either part
in the cause.
Rule IS. All motions not made Il
+ writing and filed as heretofore pre-
n scribed, shall be spread in writing b
4 the party interested or his attorney c
Il record, upon the motion docket of thi
/. court, which shall be kept by the cler
!. of this court, and which docket sha
a be taken up and disposed of on eac
morning of the sessions of this coul
p before causes are heard or submitted
n Rule a. If at any time after tn
n hearing of the cause, or before, IN
court shall desire any or all of th
q original witnesses and their testimon
p. taken before the court and II they b
not then present, it shall fix some Fl
II ture time for the taking of such te
10 timony and the place therefor and COZ
,e tinue the cause TO that day, at whic
a time such testimony may be taker
IA and each party shall be required
RI produce the witnesses for its side
r. the case on the date fixed.
ID Rule IS No deposition except {
specially ordered by this court sha
f. be taken or read except such as al
m or may be taken by the judges of tn
d, court or judge thereof; and the wi
Sc nesses whose depositions may ha,
Or been so taken may at all times and
I'd all cases be required in addition to a
as pear before the whole court and ri,