COURT RULES. SUPREME COURT OF ILLINOIS.* Rules of Practice in Force July 1, 1908. RECORDS OF TRIAL PREPARED. COURTS-HOWplication for a supersedeas, an abstract of Rule 1. The authenticated copy of the record of the judgment, order or decree of the trial court, to be filed in this court on appeal or error, or in return to a writ of error or certiorari, shall contain, in chronological order, copies of-first, the process and service; second, the pleadings; third, the verdict in jury trials; fourth, the judgment or decree of the court; fifth, all orders in the cause; sixth, the bill of exceptions, or, in chancery cases, all depositions, the master's report and certificate of evidence, if any; seventh, the appeal bond, in cases of appeal. But in civil cases a party or his attorney may, by præcipe, direct what files of the cause shall be included in the transcript, and in such case, if the transcript shall be insufficient to fully and fairly present the questions involved, the requisite portion shall be supplied at his cost, and if unnecessarily voluminous, he shall pay the cost of unnecessary matter. In cases removed from the Appellate Court there shall be added a transcript of the proceedings in such court. In no case shall the clerk insert in any transcript any matter not a part of the record, and the clerk of this court shall not tax as costs any matter so inserted contrary to rule. the record, with a brief containing the points and authorities relied upon, and pointing specifically to those portions of the record upon which the alleged errors arose, shall be presented, with the record, to the court or judge to whom the application is made. Every such application must be accompanied by a proper affidavit of some credible person, showing the sufficiency of the proffered bail or bond. Rule 3. Whenever a bond is executed by an attorney in fact, the clerk shall require the original power of attorney to be filed in his office, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question, in which case the original power of attorney shall be presented to the clerk and a true copy thereof filed, certified by the clerk to be a true copy of the original. Rule 4. When a writ of error shall be made a supersedeas, the clerk shall endorse upon said writ the following words: "This writ of error is made a supersedeas, and is to be obeyed accordingly," and he shall thereupon file the writ of error, with the transcript of the record, in his office. Said transcript shall be taken and considered as a due return to said writ, and thereupon it shall be the clerk's duty to issue a certificate, in substance as follows: State of Illinois, }ss V. I do hereby certify that a writ of error has issued from this court for the reversal of a [judgment or decree] obtained by term, A. D. 19, in a certain action of in the court of, at the which writ of error is made a supersedeas, and is to operate as a suspension of the execution of the [judgment or decree], and, as such, is to be obeyed by all concerned. Rule 2. If a supersedeas shall be applied for, the transcript of the record on which the application is made must be complete, and so certified by the clerk of the court below; or, in civil cases, there shall be attached to the transcript a certificate of the judge who heard the cause below, that the transcript contains all of the record necessary to a full and fair presentation of the errors complained of; and the requisite bond must be entered into and filed in the office of the clerk of this court according to law, with the assignment of errors written on or appended to the record. And on every ap- to the clerk or keeper of the record of the day Given under my hand and the seal of the Clerk. WRITS OF ERROR-PROCESS. Rule 5. Writs of error shall be directed court in which the judgment or decree com- | ting of the court, the cause shall stand conplained of is entered, commanding him to cer- tinued until the next term, unless by consent tify a correct transcript of the record to this of parties, it shall be otherwise ordered. court; but where the plaintiff in error shall file in the office of the clerk of this court a NOTICE TO PURCHASERS AND TERRE-transcript of the record, duly certified to according to the rules, before a writ of error issues, it shall not be necessary to send such writ to the clerk of the inferior court, but such transcript shall be taken and considered as a due return to said writ. TENANTS. Rule 9. In all cases wherein guardians, executors or administrators, or others acting in a fiduciary character, have obtained an order or decree for the sale of lands in causes ex parte, and a sale has been had under such decree or order, and the same shall be brought to this court for review, the purchaser or terre-tenants of such lands, if known, shall be suggested to the court by affidavit of the plaintiff in error, and notice given them of the pendency of the writ of error twenty days before the first day of the term of the court to which the scire facias is returnable, so that they may appear and defend. Rule 6. The process on a writ of error shall be a scire facias to hear errors, issued on the application of the plaintiff in error to the clerk, upon the filing of the transcript of record, directed to the sheriff or other officer of the proper county, commanding him to summon the defendant in error to appear in court and show cause, if any he have, why the judgment or decree mentioned in the writ of error shall not be reversed. If the scire facias be not returned executed, successive writs may issue without an order of court. If the application for the scire facias TIME FOR FILING RECORDS-HEARING shall be made on or before twenty days before the first day of the succeeding term of said court, then the scire facias shall be made returnable on the first day of such succeeding term; but if the application is not made on or before twenty days before the first day of the succeeding term, then the scire facias shall be made returnable on the first day of the second succeeding term. Rule 7. The first day of each term shall be return day, for the return of process. And no party shall be compelled to answer or prepare for hearing unless the scire facias shall have been served twenty days before the return day thereof; nor shall a defendant be at liberty to enter his appearance and compel the plaintiff to proceed with the cause unless the defendant shall have given the plaintiff twenty days' notice, before the term, of his intention to enter his appearance and have the cause proceed to a hearing. If the scire facias is served less than twenty days before the return day thereof, the defendant will be required to plead or join in error by the first day of the second succeeding term to which the cause shall stand continued. Rule 8. In all cases in which a writ of error is made a supersedeas, the plaintiff in error shall, on filing the record with the clerk, at the same time order and direct a scire facias to issue to hear errors, and shall use reasonable diligence to have the same served twenty days before the first day of the term to which it is made returnable. On failing to do so, the defendant in error shall have the right to a hearing at the said term, after joining in error, without giving twenty days' notice as required by rule 7: Provided, if there be not twenty days between the allowance of the supersedeas and the sit DOCKET. Rule 10. No case brought to this court by appeal or on error shall be placed on the court docket for hearing unless the record first day of the term, nor in cases brought by is filed on or before twenty days before the writ of error unless the scire facias shall have been served twenty days before the first day of the term, except in extraordinary cases the court, upon special application, may order a cause to be placed on the hearing docket. ASSIGNMENT OF ERRORS. Rule 11. The appellant or plaintiff in error shall, in all cases, assign errors at the time of filing his record in this court, and on failing to do so the case may be dismissed or the judgment or decree be affirmed; but other errors may be assigned after the filing of the record, by leave of the court or of one of the justices. The appellee or d fendant in error shall have the right t assign cross-errors, as allowed by the sta ute, within two days after the record is file in this court, and not afterwards without special leave of the court or of one of the justices. The assignment of errors and crosserrors must be written upon or attached to the record. INSPECTION OF ORIGINAL PAPERS. Rule 12. Whenever, in the opinion of the presiding judge of any inferior court, an inspection of an original paper in an action on appeal or writ of error shall be important to a correct decision of the case, such judge may make such order for the transmission, safe keeping and return of such original paper as to him may seem proper. And the clerk of this court will receive such | or plaintiff in error shall contain a short original paper in connection with the transcript, and hold the same subject to such order. REMOVING RECORDS. and clear statement of the case, including, first, the form of the action; second, the nature of the pleadings sufficiently to show what the issues were, and to present any question subject to review arising on such pleadings; third, in cases depending upon the evidence the leading facts which such evidence proved or tended to prove, without discussion or argument and without detail; fourth, how the issues were decided upon the trial or hearing, and what the judgment or decree was; and fifth, the errors relied upon for a reversal. The statement so made will be taken to be accurate and sufficient, unless the opposite party shall, in his brief, point out wherein it is inaccurate Rule 13. No person shall remove from the office of the clerk any record of this court, except upon special leave granted for that purpose. No record shall be taken from the files of the court except on application therefor to the clerk or his deputy, and it is made the duty of the clerk to report promptly to the court every violation of this rule. The clerk shall be held responsible for the safe keeping and production of the records: Provided, that in cases in which the appeal or writ of error is transferred to an Appel- or insufficient. Following the statement of late Court because the same should have been taken to, or sued out of, that court, the clerk shall transmit the record, abstracts and briefs to such Appellate Court; and in all cases in which an appeal is dismissed where the party shall still have the right to sue out of this court a writ of error, the clerk shall permit the party to use the transcript of the record as a return to a writ of error sued out of this court, and no special order shall be necessary for such purpose. ABSTRACTS. Rule 14. In all cases the party bringing a cause into this court shall furnish a com plete abstract or abridgment of the record, referring to the pages of the record by numerals on the margin. And where the record contains the evidence, it shall be condensed in narrative form in the abstract, so as to clearly and concisely present its substance. The abstract shall contain a com plete index, alphabetically arranged, giving the page where each paper or exhibit may be found, with the names of the witnesses and the pages of the direct, cross and re the case, the brief shall conclude with the points made and the authorities relied upon in support of them; and in citing cases, the names of the parties must be given, with the book and page where the case is reported. No alleged error or point not contained in such brief shall be raised afterwards, either by reply brief, or in oral or printed argument, or on petition for rehearing. The brief of appellee or defendant in error shall contain a short and clear statement of the propositions by which counsel seek to meet the alleged errors and sustain the judgment or decree, or by which such errors are obviated. Counsel may also, in or inaccuracy in the statement of the opsuch statement, point out any insufficiency posite party, and supply or correct the same, and, in cases depending on the evidence, which the evidence proved or tended to prove, may state the leading facts or conclusions without discussion or argument and without detail. Such brief shall conclude with the points and authorities relied upon, in like manner as required in the briefs of appellant or plaintiff in error. All briefs shall be signed by counsel filing the same. In all cases brought from the Appellate Court, the party bringing the case to this court shall file as an appendix to his brief the printed opinion of such Appellate Court in the cause, including the statement of facts, if any, prepared by that court. direct examination: Provided, that in cases brought from the Appellate Court the abstracts filed in such court under its rules may be filed here by changing the cover to conform to the rule, and filing therewith a printed abstract of the record of the Appellate Court and an index. The abstract must be sufficient to fully present every error and exception relied upon, and it will be taken to be accurate and sufficient for a full understanding of the questions presented for decision, unless the opposite party fined to discussion and elaboration of the shall file a further abstract, making necessary corrections or additions. Such further abstract may be filed if the original abstract is incomplete or inaccurate in any substan tial part. BRIEFS. Rule 15. Each party shall file a printed brief in the cause. The brief of appellant The brief of any party may be followed by an argument in support of such brief, which shall be distinct therefrom, but bound with the same. The argument shall be con points contained in the brief. Evidence shall not be copied at length in such argument, but it shall refer to the abstract for the same: Provided, that where it may be important to determine what questions were raised in the Appellate Court, certified copies of the briefs and arguments filed and used in that court may be filed in this court on motion and leave granted. Briefs filed in the Appellate | against him, of which he shall take notice, Court will not be received for any other pur- to show cause why the writ shall not be dispose. missed. PRINTING BRIEFS AND ABSTRACTS. Rule 16. Abstracts and briefs shall be printed in a neat and workmanlike manner, with small pica type and leaded lines, upon white paper 64 by 10 inches, as near as may be, bound in book or pamphlet form, with a suitable cover containing the title of the court and cause, and the court from which the case is brought. The name of the trial judge entering the judgment, decree or order to be reviewed shall appear upon the cover of the abstract. Twelve copies of each abstract and brief shall be filed with the clerk of this court, one of which shall be for the use of the opposite party and one for the official reporter. MOTIONS. ORIGINAL ACTIONS. Rule 20, In proceedings in original actions relating to the revenue, process or notice of a motion shall be served on the defendant at least twenty days before the first day of the term. If there shall not be twenty days between the day of service and the first day of the term, or if a declaration setting forth the cause of action shall not be filed at least twenty days before the first day of the term, the cause may be continued on the application of the defendant. FINAL PROCESS. Rule 21. No final process shall issue in any case before the close of the term, unless, for good cause shown, the court shall otherwise order. AGREED CASES. Rule 17. The clerk of this court will enter all motions of course, such as for hearing, taking the case under advisement and entering decisions. Special motions may be made immediately after the decisions of the court are announced, but at no other time, unless in case of necessity or in relation to a cause when called in course. They shall be in writing, and when based on matters which do not appear of record shall be supported by affidavit. They shall be filed with the clerk, together with the reasons in sup-between the parties to the record. port thereof, at least one day before they shall be submitted to the court and at least one day before the cause stands for trial, except as above provided. Objections to motions must also be in writing, and oral arguments will not be heard: Provided, however, that before such motions are made, a copy thereof, together with the reasons and showing in support of the same, shall be served on counsel of the opposite party, unless such service shall be shown, by affidavit, to be impracticable. Rule 22. No judgment will be pronounced in any agreed case placed upon the docket of this court, unless an affidavit shall be filed setting forth that the matters presented by the record were litigated in good faith about a matter in actual controversy between the parties, and that the opinion of this court is not sought with any other design than to adjudicate and settle the law relative to the matter in actual controversy TIME TO PLEAD. Rule 18. In all cases in this court where the defendant in error or appellee desires to plead and not join in error, he shall file his plea in the office of the clerk not later than the first day of the term at which the cause stands for hearing, and the issue thereon must be made up before the day the cause is to be heard. SECURITY FOR COSTS. Rule 19. Upon filing an affidavit that any plaintiff in error is not a resident of this state, or insolvent, and that no bond for costs has been filed, a rule shall be entered DOCKETING AND HEARING. Rule 23. Causes in which the people are a party, and in which they have a direct interest in the decision, shall be placed at the head of the docket; all other cases shall be docketed and called for argument in the order in which the records shall have been filed with the clerk: Provided, however, that causes which, in the judgment of the court, involve important public interests may be advanced on the docket. Rule 24. In preparing the docket of the business of the terms the clerk shall place upon the same all cases pending in which final judgment has not been entered, and in all such cases where the case shall have been submitted to the court for consideration the clerk shall note upon the docket the term at which such case was submitted. Rule 25. All petitions for rehearing shall be docketed separate and apart from the trial docket. CALL OF DOCKET-EXPIRATION OF RULES. Rule 26. The trial docket shall be called numerically, and the causes shall be argued, |