I, . . . . PROOF OF SERVICE. a (stenographer) (clerk) attorneys 10 (attorney) in the office of Messrs.. ... day of .... of record for A. B. C., appellant herein, depose and say that on the 19.., I served a copy of the foregoing Notice of Appeal to the Supreme Court of the United States on D. E. F., appellee herein, by delivering the same to (the receptionist)" in the offices of .... counsel of record for said D. E. F., located at [Signed] Subscribed and sworn to before me, at day of... 19... this 12 NOTES TO FORM 2. 1 Rule 10 (3) provides that "If the appeal is taken from a state court, the notice of appeal shall be filed with the clerk of the court possessed of the record." This may or may not be the supreme court of the state. The caption should be that of the court in which the notice of appeal is filed. 2 The form and style of the case should conform to the rules of the court in which the notice of appeal is filed. 3 Only final judgments or decrees of state courts are reviewable; see 28 U. S. C. § 1257. Here indicate the court in which the judgment or order sought to be reviewed was entered, which may or may not be the court in which the notice of appeal is filed. 5 Here describe generally the nature of the judgment or order sought to be reviewed, giving its date. Cf. Dept. of Banking v. Pink, 317 U. S. 264. Use the proper descriptive term under state law-suit, proceeding, action, etc., as the case may be. 7 Indicate whether the appeal is taken pursuant to § 1257 (1) or § 1257 (2) of 28 U. S. C., the only provisions currently authorizing appeals from state courts to the Supreme Court of the United States. NOTES TO FORM 2-Continued. 8 Note that the substance of the questions presented may not be altered afterwards. Rule 15 (1)(c) (2); Rule 40 (1) (d)(2). The form of signature should comply with the rules of the court in which the notice of appeal is filed. 10 This presupposes service by one not a member of the Bar of the Supreme Court, hence service must be proved by affidavit. Rule 33 (3) (c). 11 Service by delivery to a clerk in the office of counsel is sufficient under Rule 33 (1). 12 Here insert official character of person before whom the affidavit is sworn. I. Notice is hereby given that M. N. O., the appellant above named, hereby appeals to the Supreme Court of the United States from the final order3 of ..... (affirming the judgment of conviction)," entered herein This appeal is taken pursuant to 28 U. S. C. § ... ; was sentenced to ... years confinement at hard labor (and to pay a fine of $......); (and is presently confined at 8 .) ) (and is presently enlarged on bail in the sum of $.. (and is not now in custody or enlarged on bail). (Parts II and III and signature, same as in corresponding portions of Form 2.) of a copy of the foregoing Notice of Appeal to the Supreme Court of the United States, this day 1, 2, 3, 4, 5 Same as corresponding notes under Form 2. Indicate whether the appeal is taken pursuant to § 1257 (1) or § 1257 (2) of 28 U. S. C., the only provisions currently authorizing appeals from State courts to the Supreme Court of the United States. Describe the offense in general terms, and include a citation to the statute involved. 8 Indicate the sentence imposed. Indicate the place of confinement if the defendant below is in custody, and the amount of bail or recognizance if not in custody. 10 Acknowledgment of service, if relied on to prove service, must be signed by counsel of record for the party served. Rule 33 (3)(a). End of term, all cases on docket continued to next Marshal may be directed to announce adjournment ADMIRALTY. Damages and interest allowed only if court directs. 56 (3) 1006 ADMISSION TO BAR. Affirmation, form of affirmation upon admission to Motion for admission to bar.. Oath, form of oath to be taken upon admission to 5 (3), Consent of parties to filing brief of, when not nec- essary. Motion for leave to file brief. APPEAL. Abolition of certain procedures on appeal. Designation of portions of record to be certified. 10 (2), Distribution of appeal papers to court by clerk. District court, appeal from to this court in criminal Printing of record. Probable jurisdiction, effect of entry of order noting. State courts, appeal from.. 10 (3), 11 (1), (3) 957 Supersedeas on appeal.. 18 966 Time for filing cross-designation of portions of record to be certified.. Time for taking appeal. Transcript of record. Cross-appeals and cross-writs of certiorari, order of Final date when cases to be called for argument. 3 (2) 952 Party for whom no brief has been filed, no oral argument will be heard. Saturday, court will not hear arguments on... 4 (2) 952 Time allowed for oral argument, amount of Abolished.. 10 (4) 957 |