The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-23
Of APPEAL
| ARE REFOR NED
United States Circuit Court Of
Appeals Adopts New Rules
Of Equity.
effective FEBRUARY I
Reforms Promulgated Thursday
Will Greatly Lessen Cost
of Litigation.

ton and to make fts procedure con-
form to that Of the higher tribunal.
the United States Circuit Court OF Ap-
peals Thursday afternoon promulgated
an amendment to the rules Of equity
and admiralty praotioe and bankruptcy
casss. wtaoh are taken verbattm from
the new rules promulgated By Chief
Justice waite on November for United
States Supreme Court practioe. TAX
Ing bodily rules Nos IS. 7s and II Of
the Supreme Court. all relating to the
preparation Of records by appellants.
the Circuit Court OF Appeals incorpo-
rated them into Rule No. IS OF the
equity rules OF practice adopted by
this court April 1. 1912. .EE
The reform accomplished Thursday
will greatly curtail the expenses OF
appeals IN equity. admiralty and bank
ruptcy cases The rules provide for
diminishing tho size OF records by
which suits are taken from the trial
court to the United States Circuit Court
OF Appeals for review. by promulgat-
ing rules for compelling the exclusion
OF immaferial documents. the giving
of testimony in narrative instead OF
snterroeatory form. or the presenta-
ton OF a record which shall contain
only the decree Of the trial court and
the questions at issue. II agreeable 10
both parties
No L0ng TfanoeFaPts.
Under the new rules, which become
effective February /. 1918. only the
decree and the very marrow OF the
proceedings are necessary for the
record, instead Of transcript OF the
detailed evidence and pleadings OF the
entire casa Certain limitations. how
ever. are Imposed on the exercise OF
the right to cut the record to the
marrow. giving the appellee and the
trial court the right to pass upon mat
ter to be excluded Formal and I'M
material portions of the record OF the
trial court are not TO be incorporated
in the record for the appellate court.
According to q statement made by
Chief Justice White a the time the
rules were promulgated from the
United States Supreme Court bench.
the new rules would make 1t possible
for the appellate court not to reverse
suits merely because OF errors not
actually pre1udicial to the vital point
at issue.
The amendments to the rules are az
follows:
as. Record on Appsal-Rsduction and
Preparation.
TN case of appeal:
"(a) It shall be tho duty Of the ap-
pellant or his solicitor to hle with the
clerk Of the court from which tho ap-
peal is prosecuted. together with PROOF
or acknowledgment Of service OF
CODY on the appellee or his solicitor. q
h.n IND ho
tons Of the record to be incorporated
into the transcript on such appeal.
Should the appellee or his solicitor de-
sire additional portions OF the record
incorporated into the transcript. he
shall file with the clerk Of the court
his praecipe also within ten days
thereafter. unless the time shall be
enlarged by the court or a Judge there
of. indicating such additional portions
of the record desired by him
"(b) The evidence 20 be included in
the record shall not be set forth in full,
but shall be stated In simple and con-
densed form, all parts not essential to
the decision of the questions present.
ed by the appeal being omitted and
the testimony Of witnesses being stat
ed only IN narrative form save that II
either party desires II. AID the court
or Judge so directs, any part OF the
testimony shall be reproduced In the
exact words OF the witness The duty
of 80 condensine and stating the evil
dence shall rest primarily on the ap-
pelIant who shall prepare his state
men. thereof and lodge the same in the
clerks Office for the examination Of
the other parties at or before tho time
for fling his praeoips under paragraph
q Of this rule He shall also notify the
other parties or their solicitors Of such
lodkment, and shall name q time ana
place when he shall ask the court or
Judge 70 approve the statement the
time 90 named TO b 1t least ten days
after such notice. At the expiration
OF the time named. or such further time
ss the court OF Judge may allow. the
statement. together with any objec-
lions made or anne ndme nts proposed by
any party, shall be presented to the
court or the judge. ard II the state
ment be true, complete and properly
prepared, IL shall be approved BY the
court or Judge and IL IL be not true.
complete or properly prepared, 1t shall
be made 50 under the direction OF the
court or Judge. and shall then be ap-
proved. When approved, IL shall be
fled in the clerks Office and become q
!
the appeal
&c, II any difference arise between
the parties concerning directions a. 70
the general contents OF the record 20
he prepared on the appeal. such diff
ference shall be submitted to the court
or Judge in conformity with the pro-
visions of paragraph b OF this rule. and
shall he covered by the directions
, which the court or Judge may give on
the subject
"1s. Record on Appeal-Reduction and
Preparation-Costs- Of
Omissions.
Tn preparing the transcript or an
appeal. especial care shall be taken 90
avoid the inclusion OF more than one
copy of the same paper. and 60 exclude
the formal ard i.nmateria3 parts OF ali
y exhibits documents and other pa-sers