The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-11-23
To PUT REFORMS
IN EFFECT SOON
CHANGE IN RULES OF Equity
PRACTICE IN FEDERAL COURTS
EFFECTIVE IN FEBRUARY.
IN FOURTH CIRCUIT.
ANNOUNCEMENT OF THE NEW
RULES Is MADE IN COURT
NOW IN SESSION IN RICH
MoND.
IN FOURTH CIRCUIT

~
1t was announced In the Federal
Circuit Court Of Appeals yesterday
that the amendments to the rules Of
the Fourth Circuit Court of Appeals,
promulgated by Chief Justice White
on November 4th will go into effect
on February LIST. The amendments
affect the rules OF equity practice in
the federal courts and are intended
to simplify and shorten equity pro-
cedure.
The New Rules.
ION and after February 1st,' reads
the statement issued yesterday the
contents of transcripts OF record on
appeal In equity and admiralty
causes and on appeal tas distinguish
ed from petitions for revision) In
bankruptcy causes, shall be governed
by rules rs. 76 and II of the rules
Of practice for the courts Of equity of
the United States, promulgated by the
Supreme court of the United States
November 4. 1912. which rules are
as follows:
75-Record ON Appeal--Reduction
and Preparation.
In the case OF appeal:
(a) 1t shall be the duty OF the APP
peilant or his solicitor to file with the
clerk OF the court from which the ap-
peal Is prosecuted, together with proof
or acknowledgment of service OF
copy on the appellee or his solicitor.
a praecipe which shall indicate tho
portions of the record to be incor-
porated into the transcript on such
appeal. Should the appellee or his
solicitor desire 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 he enlarged by the court or
Judge thereof, indicating such addi-
ticnal portions of the record desired
by hin..
OBJ The evidence to be included In
the record shall not be set forth In
full, but shall be stated In simple and
condensed form, all parts not es-
sential to the decision of the ques-,
lions presented by the appeal being
omitted and the testimony of wit
nesses being stated only in narrative
form. save that II either party desires
1t. and the court or judge SO directs,
any part Of the testimony shall be
| reproduced In the exact words Of the
| witness. The duty of SO condensing
and stating the evidence shall rest
primarily on the appellant. who shall
! prepare his statement thereof and
lodge the same in the clerks Office for
the examination OF the other parties
at or before the time Of filing his
praecipe under paragraph 4 OF this
rule. He shall also notify the other
! parties or their solicitors OF such
! lodgmeut and shall name a time and
place when he will ask the court or
Judge to approve the statement, the
time SO named to be at least ten days
after such notice. AT the expiration
of the time named or such further
time as the court or Judge may al
| low, the statement together with any
objections made or amendments pro-
posed by any party. shall be presented
to the court or the judge. and If the
statement be true. complete and
properly prepared, It shall be ap-
proved by the court or judge, and II
1t be not true, complete or properly
prepared, 1t shall be made 50 under
the direction of the court or judge
and shall then be approved. When
approved, 1t shall be fiied In the clerks
Office and become q part OF the rec
ord for the purposes OF the appeal
60, II any difference arise between
the parties concerning directions a. to
the general contents Of the record to
be 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 be covered by the directions
which the court or judge may give
on the subject.
76-Rscord on Appsat-Reduetion and
n rs
Omissions.
In preparing the transcript on an
appeal especial care shall be taken
I to avoid the inclusion of more than
one copy of the same paper. and to
exclude the formal and immaterial
parts Of all exhibits. documents and
other papers included therein: and for
any infraction OF this or any kindred
rule the appellate court may withhold
cr impose costs as the circumstances
OF the case, and the discouragement Of
like infractions In the future may re-
ouire. Costs for such an infraction
may be imposed upon offending solicit
tors as we'll az parties.
n. in the transcript, anything ma
terial TO either party be omitted by
accident or error, the appellate court.
on 4 proper suggestion or its own
lbe corrected by a supplemental tran
script.
7-Rsee~d on AppsaI-Asrssd
| Statement.
| When the questions presented by an
appeal can be determined by the APP
pellate court without an examination
tof all the pleadingss and evidence, the
/ parties with the. approval Of the dis
trtct court or the judge thereof, may
prepare and sign statement OF the
case showing how the questions arose
and were decided In the district court,
and setting forth so much only Of the
facts alleged and proved. or sought to
be proved, as 10 essential to . decision
Of such questions by the appellate
court. Such statement. when filed In
the ONCE Of the clerk Of the district
court. shall be treated A. superseding
for the purposes Of the appeal all
parts Of the record other than the
decree from which the appeal 10 taken.
and together with such decree. shall
be copied and certified to the appel
late court as the record on appeal"
HARPER TODRT TvFR