Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-19
Adopted by Justices Of
the Supreme Court.
All Law Court Briefs Must Be
Printed or Typewriter.
The Equity Rule Causes Discussion
Among Lawyers.

tees OF the supreme judicial court,
were given out during the afternoon,
yesterday. Members of the legal fra
ternity throughout the State will read
them with considerable interest, as
several amendments have been made
to the old court rules. 1t will be
noted that the rule has been changed
ir regard to copies of cases for the
law court, requiring them to be of a
certain size and either printed or legi-
bly, typewriter. The equity rule.
which is new this term of court. is
causing much discussion among the
members Of the bars in the State.
Rule XVIII is amended to read as
follows: Immediately after the call
of the continued docket, a trial list of
all actions to be tried by the jury
shall be made, and 4 time assigned for
the trial of each action upon the list.
and all other actions shall be tried or
otherwise disposed of in the order in
which they stand upon the docket.
Any action shall be considered in or
der for trial at the return term, when
the party desiring it shall have given
written notice thereof to the adverse
party. Such notice must be given by
a plaintiff thirty days. and by de-
PENDANT ten days, before the sitting
OF the court
Rule X\IN is amended to read as
follows: NO cause standing for oral
argument on the law docket will be
heard until each of the sitting justices
has been furnished with a copy of the
case. printed, or fairly and legibly
onn5
of the size of Sxl0la inches. containing
the substance of all the material
pleadngs. facts and documents on
which the parties rely.
"One copy only Of the case will be
required in cases submitted upon writ
ten arguments or briefs not read TO
the court.
IN all cases of facts agreed and
stated by the parties, or reported by
consent of the parties. it shall be the
duty of the plaintiff or complainant to
furnish the papers or abstracts for
the court; and in all other cases, the
same shall be done by the party who
moves for q new trial. or who holds
the affirmative upon the question to be
argued. If the party whose duty 1t Is
t. furnish the papers neglects so to DO.
the adverse party may furnish them
And if the party whose duty 1t is
neglects to furnish them. as required
by this rule, he shall not have any
costs for that term, and further he
shall he liable to be nonsuited, default
ed or have judgment entered against
him as for want of prosecution, or dis
| continuance CT such other judgment as
the case may require.
Rule xxx is amended to read as
| follows: Counsel for each party. be-
! fore or at the commencement of the
oral argument Of each case shall
furnish to each sitting justice, and also
| to the reporter of decisions, concise.
succinct and separate brief or sum
mary Of all the points Of law 10 pc
made ir the argument, noting under
each point the authorities to be cited
to sustain it: and, in cases on report
facts agreed, or on motion for a new
| trial, or on appeal in equity. a concise
brief or summary of the facts as
| claimed, but not a recital of the eNl-
dence.
"Such briefs shall be printed or fair
IL and legibly written or typeWrltten'
OF, good raper, of the size of Sxlo1a
inches.
SIN cases standing for oral argu-
ment, each party shall also file copy
of such brief or summary, for the use
of the adverse party. with the CLERK
| Of the law court, or furnish the same
to opposing counsel within the follow
ing times: for the Augusta and Ban
gor terms. two days before the open
irg Of court; for the Portland term
two days before the opening OF inc
term in cases from Androscoggin
Arcostook. Cumberland. Franklin
Hancock and kennebec countess on Oh
bef ,ro the fifth day of the term IT
cases from Knox, Lincoln, OXFORD
Penobscot and Piscataquis counties
and on or before the tenth day OF tht
form in cases from Sagadahoc. Somer'
cot Waldo. Washington and YORK
countins: unless in any case the time
ie extended by the court. for COCO
cause
eff both parties have neglected L
comply with this rule. the case. "hci
II is reached in its order on the DOCKET
will be continued. or the parties VIII ID
ordered to argue in writing, or JUG
mont will be Immediately entered, Al
the discretion of the court. ii OH
rartv. ut the discretion of the court
the other has not. only the party com
nlvjng will be heard in oral argument
and the other party will be ordered Z
argue in writing, or the case may p'
decided without argument by the othe
marty. at the discretion of hte court.
"A party desiring TO establish De
fore the Law Court the truth OF eX
! ceptions presented to justice at Ms
nrius and not allowed by him withll
ten days after notice of refusal L
allow them. file in the court Wher'
they were taken his position sup
norted by affidavit and setting fortl
in full the bill of exceptions presented
and all material facts relating thereto
and give copy thereof to the oppo
site party or his attorney OF RECORD
A transcript of so much Of the ofhcia
stenograp piers notes as relates 70 IN
executions must be filed with N
netition. The affidavit may be mao
by the party or his attorney OF recor
b,t must be positive. based upo
, actual knowledge and not upon IN
| formation or belief
Within, ton dayS after being serve