The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-30
SOME COURT RULtS
AMENDED
As to Petition to Rehear and
Printing Briefs for Su-
preme Court.

The Supreme Court has adopted some
important amendments to the rules re-
garding petition to rehear and printing
and pauper appeals, as follows:
Amendment to Rules 30 and 80 02S y.
c. $40, 500, which will appear in full in
the next volume of the Reports.
PETITION TO REHEAR.
80. A petition to re-hear may be filed
at the same term, or during the vacation
succeeding the term of the court at which
the Judgment was rendered or within
twenty days after the commencement of
the succeeding term. If such petition Is
ordered to be docketed by the Justices to
whom it is submitted under Rule So, such
justices may, upon such terms as they see
fit, make an order restraining the issuing
of an execution or the collection and pay
ment of the same until the next term of
said court, or until the petition to rehear
shall have been determined.
80. The petition must assign the al
legged error of law complained Of or the
matter overlooked, or the newly discoy
cred evidence; and allege that the judg-
ment complained of has been performed
or secured. Such petition shall be accom-
panied with the certificate of at least two
members OF the bar of this court, who
have no interest in the subject matter,
and have never been of counsel for either
party to the suit, and each of whom shall
have been at least five years a member
of the bar of this court that they have
carefully examined the case and the law
bearing thereon and the authorities cited
In the opinion, and they shall summarize
succinctly in such certificate the points
in which they deem the opinion errone-
Gus
The petitioner shall endorse upon the pc
tltlon the names of two justices, neither
of whom dissented from the opinion, TO
whom the petitions shall be sent by the
clerk. and it shall not be docketed for
re-hearing unless both of said justices en-
dorse thereon; that it is a proper case TO
be reheard Provided however, that
when there have been two dissenting jus
tees, it shall be sufficient for the petit
toner to designate only one justice, and
his approval in such case shall be suffi-
cient to order the petition docketed. The
clerk shall endorse on the petition the date
on which it was received and it shall be
delivered by him to one of the justices
designated by the petitioner There will
be no argument, oral or otherwise. before
the justice or justices, thus designated,
before it is acted on by them. and if they
order the petition docketed there shall
be no oral argument thereon before the
court (unlesS the court OF its own motion
shall direct an oral argument but it
shall be submitted upon the record at the
former hearing, the printed petition TO
re-hear and a brief to be filed by the Pc
titioner within ten days after. the petition
is ordered to be docketed and brief to
be filed by the respondent within twenty
days after such order to docket. Such
briefs shall not be the briefs on the first
hearing. but shall be new briefs directed
to the errors assigned in the petition and
shall be printed. If not printed and filed
in the prescribed time by the petitioner,
the petition will be dismissed, and for de
fault in either particular by the respond
ent. the cause will be disposed of without
such brief
The petition may be ordered docketed
for a re-hearlng as to All the points re-
cited by the two certifying counsel (who
cannot certify to, errors net alleged in the
petition) or it may be restricted to one
or more of the points thus certified, as
may be directed by the justices who grant
the application, When petition to re-
at once be given 10 counsel on both sides
by the clerk of this court.
In reference to printing and pauper ap
peals Rule IS (128 n. c., 641) is amended
50 as to read as follows
Fifteen copies of the entire transcript
sent up in each action shah be printed
except in pauper apeals, and in these
latter the court desires the counsel TO,
the appellant TO furnish sufficient NUM-
Der of printed or typewriter briefs for
the use of the court, giving a succinct
statement of the facts applicable to tho |
exceptions, and the authorities relied on. |
Should the appellant gain the appeal the
cost of the same shall be taxed against
the appellee.
The printed transcript shall be in the
order required by Rule l9 q, and shall
contain the marginal references and index
required by Rule 10 90 and 10 (3), though
for economy, the marginal references in
the manuscript may be printed as sub
heads in the body of the record and not
on the margin. The transcript shall be
printed Immediately after docketing the
same unless 1T IS sent UP ready printed