1

State of Oklahoma,
County of

SS.

for rehearing, except upon direction of the the district court substantially in the followcourt, but if such application is granted, the ing form: cause shall be assigned for rehearing, and the clerk shall notify both parties or their counsel of the time when such rehearing will be had, and such time may be given for argument or brief as the court shall allow.

X. After the expiration of fifteen days from the filing of an opinion, the clerk shall issue a mandate to the court in which the judgment was rendered, in accordance with the decision of this court, and no petition for rehearing shall stay such mandate unless the person applying for rehearing shall present such petition to and obtain from one of the justices who concurred in the opinion a stay of such mandate until said petition for rehearing shall be heard. The justice to whom such petition is presented shall examine the same, and if, in his opinion, a rehearing will probably be granted, he may make an order staying such mandate.

I, clerk of the district court for said county, do hereby certify that the foregoing is a full true and correct transcript of the record in the above entitled cause.

In testimony whereof, I have hereunto set my hand and seal of the court, this 190-.

day of Clerk.

XVII. Verification of Case-Made.-A cer

tificate of the settlement of a case-made may be substantially in the following form:

I, the undersigned, judge of the district court hereby certify that the foregoing was presented of district for county, Oklahoma, to me as a case-made in the action above entitled (here cite the facts with reference to the appearance of parties and suggestion of amendments), and I now settle and sign the same as a true and correct case-made, and direct that it be attested and filed by the clerk of said court. in Witness my hand at county, Oklahoma, this

In any case in which a petition for rebearing is denied, or in which an opinion is rendered on rehearing, no further motions or applications for rehearing or review will Attest: be allowed, and the clerk shall not file any such motions or applications, except by leave of court first obtained.

XI. Upon the affirming of a judgment, execution may issue at the option of the party, from this court, or if such party elects, a writ of procedendo shall be issued to the court below upon the payment by the successful party of the costs incurred in this court. XII. Any justice may file a dissenting opinion in any cause in which he is entitled to sit, and in the determination which he participates; but before any such dissenting opinion is filed, it shall be submitted in conference to the justices who concurred in the original opinion. No syllabus to a dissenting opinion shall be published.

XIII. In the taxation of costs in the Supreme Court, the clerk shall not tax any costs for expense of case-made, transcript, or record, unless the person claiming same shall, prior to the filing of the opinion in the cause, file with the clerk a verified statement of such expenses and showing that he has paid

the same.

XIV. Original Cases - Affidavit. — In all original actions or proceedings instituted in this court it shall be necessary for the plaintiff or applicant for the writ to state fully, by affidavit, the reasons why the action or proceeding is brought in this court instead of one of the inferior courts having concurrent jurisdiction.

XV. Any practicing attorney of any state or territory or the District of Columbia, having professional business in this court, may, on motion, be recognized for the purpose of presenting such cause in which he appears as counsel.

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day of

190-. District Judge. Clerk.

XVIII. Motion - Notice Of. - Orders for amending or completing transcripts and casesmade, or for reviving, reinstating or dismissing causes, shall be made only upon written motions, stating the grounds thereof; and reasonable notice thereof must be served upon the opposing counsel.

XIX. Cases Pending.-The record may be temporarily withdrawn by an attorney interested in the case for the purpose of enabling him to prepare his brief and abstract; and in all such cases the attorney receiving such record shall receipt for the same, and return it to the clerk within twenty days from its receipt, such attorney paying all charges of transmitting and returning such record. In no case shall the clerk allow an original opinion to be taken from his office.

XX. Counsel for appellant or appellee shall number the pages of the petition in error and the record before filing the same.

XXI. The record and petition in error shall not be required to be printed, but when so desired, may be printed upon agreement of both parties, filed with the clerk of this court, and the expenses of the same shall be taxed as costs in the case.

XXII. No argument or motion filed or made in this court shall contain language showing disrespect for or contempt of the trial court.

XXIII. Rules VII and VIII shall not apply to cases of writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law. In such case, briefs shall be prepared and served in the form, manner and time as may be directed by the court in each cause. XVI. Clerk's Certificate to Transcripts.- | XXIV. Whenever attorneys, who are resiTranscripts may be certified by the clerk of dents of this state, file a written application

with the clerk of this court for admission to practice as an attorney and counselor at law in the courts of this state, and show in such application that they have been admitted to practice in a court of record in another state or territory or of the District of Columbia, and that such order is still in force, it is ordered that such attorney or attorneys shall be permitted to practice in the courts of this state until the next meeting of the Bar Commission for the purpose of examining applicants or making recommendation upon such applications.

XXV. The brief of the plaintiff in error in all cases except felonies shall contain an abstract or abridgment of the transcript, setting forth the material parts of the pleadings, proceedings, facts and documents upon which he relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this court for decision, so that no examination of the record itself need be made in this court. If the defendant in error or appellee shall claim that such abstract is incomplete for the purpose stated, his brief shall contain a counter abstract correcting any such omissions or inaccuracies. Where a party complains on account of the admission or rejection of testimony, he shall set out in his brief the full substance of the testimony, to the admission or rejection of which he objects, stating specifically his objection thereto. Also where a party complains of instructions given or refused, he shall set out in totidem verbis in his brief separately the portions to which he objects or may save exceptions. A party need not include in his abstract all the evidence in support of a claim on his part that it does not show or tend to show a certain fact, but when such a question is presented the adverse party shall print so much of the evidence as he claims to have that effect. The abstract shall state only the substance of those parts of the record the bearing of which upon the case can be clearly shown in this manner; such as are purely formal or otherwise immaterial shall be omitted altogether, but quotations must be made with verbal accuracy whenever the decision of any question in controversy may be affected thereby. Abstracts shall be indexed and shall refer to the pages of the record.

The brief shall contain the specifications of the errors complained of, separately set

forth and numbered: the argument and authorities in support of each point relied on, in the same order. The brief of the appellee or defendant in error shall also be printed when so required of the plaintiff in error, and contain, with pertinent reference to the pages of the abstract, any points challenging the right of plaintiff in error to be heard; a full statement of any additional facts shown by the abstract and deemed essential; citations of authorities and discussion of alleged errors, in the same order as in the brief of the plaintiff in error: Provided, that this rule as to abstracts being contained in the briefs shall not apply to felony cases.

XXVI. The court may at any time after a case is submitted request counsel for either or both parties to an action to file with the court, within the time fixed by the court in its request, additional authorities, if any they have, upon any proposition involved in the action: Provided, that when such request is made upon counsel for either party to the action, the same shall be made in writing, and a copy of the same shall be mailed to counsel for the opposite party to the action.

XXVII. Whenever in any case filed in this court it shall be made to appear to the clerk of this court by the affidavit of a plaintiff in error, his agent or attorney, that the defendant in error has no attorney of record or that he is beyond the limits of the state or that his residence is unknown so that it is impracticable to serve citation upon him in the ordinary method provided by law, it shall be the duty of the clerk of this court, upon the plaintiff in error making provision for the payment of the expense thereof, to cause notice of the pendency of such cause to be published once each week for four successive weeks in some newspaper published in the county in which the case was tried.

XXVIII. The clerk shall keep a motion docket upon which shall be entered every motion as soon as filed. The motions shall be numbered consecutively upon the docket and its number shall be placed on the motion itself.

Note.-Rules for admission to the Supreme Court heretofore adopted, on, to wit, the 19th of November, A. D. 1907, on the recommendation of the Bar Examining Commission, and published under separate cover, are not affected by these rules, unless there is an irreconcilable conflict.

761 Curry, Bonestell, Richardson & Co.

542 Curtis v. Hammond (Colo.)..

164 Cutler, State v. (Utah).

790 Hamilton, Douglas Oil Fields v. (Wyo.).. 849 785 Hamilton, Phillips v. (Wyo.). 220 Hamilton v. Smart (Kan.)..

781 Hammerich, Sievers v. (Colo.). 457 Hammond, Curtis v. (Colo.). Hands, Butler v. (Colo.). Hankins v Helms (Ariz.).

Hannegan, Denver & S. F. R. Co. v. (Colo.) 343 Hanson, Howard v. (Wash.). 111 Harn v. Cole (Okl.).

821 Hunter Realty Co. v. Spencer (Okl.).

677 Hussey v. Blaylock (Okl.)..

.1084 Hutchinson v. Mt. Vernon Water & Power