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SUPREME COURT OF TENNESSEE.
Costs OF INFERIOR COURTS.
unless it be shown to have been imprac. 1. The clerk of this court, in retaxing
ticable; and no transcript, after it has bills of costs sent up from the inferior
been tiled, shall be taken from the courtcourts, shall correct the same, 8u that no
house by counsel engaged in a cause with. Illegal item of cost may be embraced in
out the clerk's permission, or a receipt any bill of cost sent out from this court.
given therefor; and no transcript shall be
carried out of the city in which the court TRANSCRIPTS.
is held unless upon the order of the court 2. All transcripts from the inferior
or one of the judges, or unless it is other. courts shall be written in a large, plain,
wise directed by rule or general order of and legible hand, or printed or type-writ
the court, or where counsel desire the rec. ten. It shall be so written on only one
ord in order to prepare briefs required un. side of the paper, with black ink, upon
der these rules, in which case they will be law paper in length 14 inches and in width
allowed to take such records without or. 8 inches, with half an inch between the der upon giving receipt therefor to the lines, having a blank margin on the left
clerk. of every page, and the whole firmly at
6. When a clerk of an inferior court shall tached at the top.
fail to make out and file with the clerk of 3. Clerks shall inake out transcripts, so
this court a transcript of the record in that process, pleadings, rules, orders, de
any cause in which the state of Tennessee crees, judgments, and steps of whatever
is a party, in which an appeal is prayed kind, shall be entered in the order of se
and granted in the time and manner prequence as they occurred in the progress of
scribed by law, no cost will be allowed to the cause. Thedate of issuance of process
such clerk in such case. and of the filing of pleadinga, avd the date
7. In all transcripts, civil and criminal, of rules made in the clerk's office, and the
hereafter sent to this court, the clerks of date and terms of rules, orders, decrees,
the inferior courts shall indorse on the judgments, and steps of every kind made
same the names of counsel for plaintiffs in court, shall precede the entry of the
and defendants in their courts, and of same, respectively, in the transcript; and
plaintiffs and defendants in the supreme the clerk shall niake a minute and perfect court, (if known to them, and on their index of the cou tents of the transcript.
failure to do so they will forfeit their fees In case there be any failure, omission, or
in such cases. defect us to any of these particulars by
8. When executions or other process are the clerk of the inferior court, he shall not
issued from this court, the clerk shall pay be allowed any cost for the transcript
the postage on such process necessary to wherein such failure, omission, or defect get it into the hands of the officer to occurs.
whoin directed, and tax the same in the 4. Unless there is a question on the same
bill of costs, and the officer to whom exe. in the court below, no notice to take dep
cution or process is issued and returnable ositions, nor caption of any deposition,
to this court shall pay the necessary postnor affidavit, nor any other unnecessary
age for its return; and if money is collectpaper, shall be inserted in the transcript;
ed on an execution, it shall be the duty of nor shall any fee be allowed any clerk for the collecting officer to pay the expense of such matter. But the date of service of
returning it to the clerk of this court, and each paper so omitted shall be given, and make said expense a part of his commisalso the time and place at which the dep- sion. osition was taked, and who of the par
ORDER OF BUSINESS. ties were present. And in copying deposi 9. The business of each circuit will be tions taken upon interrogatories the an. tuken up and disposed of by counties in swer shall follow each question. Reports the order in which they stand on the and accounts shall follow the orders or docket. The entire basiness of each coundecrees on which they are based, when ty will be disposed of when such county is practicable, and be followed by the proof called before proceeding to the business of on which they are taken. No report of the other counties of the circuit. receivers, or other matter not affecting the 10. There will be one call of the docket questions in controversy, shall be put in of each county of every circuit. On that the transcript unless required by counsel, call every cause will be tried or continued. and then it shall be stated at whose in- The law causes will be disposed of before stance it was done, and the cost thereof the equity causes are called, and so of the will be charged accordingly.
equity causes before the state causes are 5. The clerks of the inferior courts shall called. State causes in counties will be make out and file the transcripts for this taken up immediately after the civil docket court within the time prescribed by law,
has been tried. 17 8. w.
11. All causes in which one, and not tified, and the point or points on which more than two, of the judges are incom- | reargument is desired will be indicated, peteut, will be tried by the other judges, and the time for the reargument desigwith the consent of the parties; but is a nated. But petitions for rehearing must, majority of the judges of the court do not in all cases, be presented to the court agree, and in cases where more than two within 10 days after the opinion in the case are incompetent, and when counsel do not which is sought to be re-examined, except consent, such causes will be certified to decisions made within the last 10 days of the governor for special judges.
the term, and in such cases the petitions 12. In the case of death or marriage of must be presented as soon after the de. any party to a cause pending in this cisions are made as practicable. No such court, making a revivor necessary, and no petitions will be received on the last day motion being made by the party entitled of the term. tv revive by motion, as now provided by 18. All decrees of the court will be exelaw, the cause may be revived by scire cuted by its own clerks, unless otherwise facias or bill of revivor, as in chancery ordered by the court. cases, or by publication, as hereinafter
BAR RULES. provided.
13. If it shall appear by the return of the 19. The reading of the transcript will be sheriff upon th scire facias, or upon the dispensed with preceding the argument subpæna under the bill of revivor, that of causes, but counsel, in argument, may any deferdant therein is not to be found, refer to and read such parts of the record or if it be shown by affidavit that any of as may be necessary to illustrate orestab. the causes exist which are specified in the lish the points made and relied on. first, recond, fourth, and fifth subdivisions 20. The counsel for appellant or plaintiff of section 4852 of the Code as grounds for in error in all civil causes shall file with dispensing with personal service of pro- the clerk of the court, at least 10 days be. cess, the court in term-time, or clerk in fore the call of the county from which the vacation, may make an order requiring cause comes, a written or printed brief, such party to appear at a time specified, which shall be attached by the clerk tu the and show cause why the suit should not transcript. If the record be filed at ko be revised against him or her, a copy of late a date as not to permit the brief to which order shall be published for four be filed for the time required before the consecutive weeks in some newspaper hearing, then such brief may be filed at published at the place where the order is any time after the filing of the transcript made, or in such other paper as the court and before the cause is called for arguor clerk may order.
ment. This brief shall contain, in order 14. Writy of scire facias to revive or herein stated: (1) A statement of what against bill in state cases, subpænas upon the case is, and the precise points raised bills of revivor, and orders of publication, by the pleadings, with such reference if issued or made in terms, may be made thereto as may be necessary; the sub. returvable as the court may direct. If is- stance of the verdict, and juilgment theresued or made in vacation, for purposes of on, or judgment without rerdict or decree, revivor, such writs ur orders of publica- with reference to pages of transcript tion may be made returnable to the first whereon each appears. (2) A statement day of the next term, or to any specified of the errors of fact or law relied upon to rule-day in vacation; and, in the latter reverse or modify same; and in case it is cune, after due publication, or service of an error of fact, the brief shall refer to the the writ, if no defense be made or cause evidence relied or to show it, citing pages shown against the revivor, the clerk may, of record on which it appears. In case it at any rule.day in vacation succeeding be an error of law, the proposition of law such return-day, enter an order reviving relied on shall be stated, and following the cause.
such propositions the authorities relied 15. The first Monday of every month on to sustain the same shall be cited. shall be a rule-day; and the clerk shall All points of fact and law thus relied on keep a rule docket, in which he shall en- shall be so stated, and all authorities reter all orders made under these rules. lied on cited; but counsel will not be con.
16. The clerk shall keep a motion fined to the authorities cited, nor required docket, on which shall be entered all mo- to cite when there are none known to tions which are made in court, and pot at counsel. (3) When the error is the activn once disposed of. Thursdays and Fri. of the court upon a preliminary motion, days shall be motion days, when motions demurrer, or plea, the substance of such may be made, and the motion docket motion, demurrer, or plea shall be stated, called. All motions not disposed of when and the action of the court thereon, citing made shall be entered on the minutes and the pages of transcript where same apon the motion docket, and notice thereof pears. When the error alleged is to the immediately be given to opposite counsel. admission or rejection of evidence, the Motions shall be disposed of only on specification shall quote the full substance written briefs.
of tlie evidence admitted or rejected, with 17. Petitions for rehearing, before being citation of record where the evidence and presented to the court, will be furnished ruling may be found. When the error alto the opposite counsel; and, after both leged is to the charge of the court, the sides have prepared briefs, the record, to- specifications shall set out the part regether with the petition and briefs, will be ferred to, whether it be instructions given presented to the court without argument. or instructions refused, citing pages of If the court determines that the cause transcript. When the error is to a ruling shall be reheard, the counsel will be no- upon the report of a master, the briefs
shall set out the exception to the report cation to the court. Other counsel, if and the ruling of the court thereon, so any, can file briefs or written arguments. that it may plainly appear; and, if it be a 25. Counsel may present decrees at any question oi fact upon which master and time when the court is not engaged in chancellor have concurred or disagreed, hearing a cause; but decrees about which shall so state. (4) When appellants or counsel do not differ may be entered with. plaintiffs in error fail or refuse to file a out being presented to the court. The debrief as required by this rule, it will be crees and judgments wili be prepared by taken as an abandonment of the appeal counsel of the successful party, and subor writ of error, as the case may be. Er mitted to counsel on the other side. In rors not specified according to this rule the event of disagreement about same, the will be treated as waived, but the court, party disagreeing shall note objections in at its option, may notice an error over writing, and these, with decree of judglooked ) for a ment prepared, and such briefs as counsel
on either side may desire to present there. with the clerk of the court, at least three days before the calling of the cause, (if the decree or judgment will be csamined the record is filed in time, if not, then at and corrected, if necessary, or further inany time before the calling of the cause,! structions given counsel. If found correct, a brief in support and defense of the judg it will be given to the clerk, with order ment or decree assailed. This brief shall to enter it. be of like character with that required of 26. Suggestions of diininution of record the plaintiff in error or appellant, except shall be made before the cause is called for that no specification of error shall be re trial, and at such time as gives opportuni. quired, and no statement of the case, un ty to have the record perfected for the less that already filed is controverted. hearing, or the imperfection of the record
21. The briefs will not be required to be will be waived: provided, however, that read, but may be; but all argument made any ameument, thus supplied, brought thereon or therefrom shall be entirely oral before the court before the cause is finally or entirely written. Counsel will be per- disposed of after hearing, may be considmitted to present their arguments orally ered. or in writing, as they prefer, but they 27. On presenting records to one of the shall be confined to one or the other judges, or to the court in term-time, for mode of argument, and to one hour's time writs of error, or writs of error and su. to the side in which to make it, except persedeas, a petition must accompany it, when otherwise ordered by the court in containing the brief to be used on trial, advance of trial. A written argument, and attached to record, accompanied also however, will not supersede the necessity by copy of notice served on opposite parof a brief.
ty or counsel, or such reasons given for 22. The reading of books or reports of ubsence thereof as the court or juilge opinions in court is not allowed. Counsel deems sufficient to excuse party from givwill be permitted to guote therefrom as ing notice. desired, but the reading will not be per 28. It is ordered by the court that the mitted unless demanded by the court. clerk of this court furnish clerks of inferior When thus called for, no comments during courts with copies of the rules of this court the reading will be allowed, but such com from 2 to 7, both inclusive. Hereafter ment, if any, shall precede or follow the these rules will be strictly enforced, and a reading.
penalty for a failure to comply will be vis. 23. The briefs of counsel shall be written ited on the clerk so failing. A copy of this in a large and legible handwriting, with order will accompany the rules. black ink, and upon law paper, or printed 29. It is ordered by the court that the or type-written. References to text-books clerk promptly record the written opin. or books of reports shall be to the side ions delivered by the court, and that he paging, if any; but if none, then to the shall not suffer them to be taken from his top paging, except that in respect to office until they are recorded. books which treat of subjects by sections. All other written rules of this court, ex
24. Not more than two counsel shall be ceptso far as embraced herein, are revoker'. heard on each side of
This rule may be relaxed in special cases on appli Adopted June 12, 1891.