COURT RULES.

SUPREME COURT OF OKLAHOMA.*

I. The second regular term of this court will be held beginning on the second Tuesday of May, 1908, at 10:00 o'clock a. m., standard time, and thereafter regular terms will be held beginning on the second Tuesday of July, September, November, January, March, and May of each year, at 10:00 o'clock a. m., standard time. Special sessions may be held at any time upon call of the Chief Justice. The forenoon sittings shall convene at 10:00 o'clock and the afternoon at 2:00 o'clock. II. All causes in which no notice for oral argument has been given shall stand for submission on the first day of the term: all causes standing for trial will be heard in the order assigned, unless the court, on proper motion and showing, shall order otherwise; provided, that in making up the trial docket the clerk shall so arrange the assignment of cases that those from each supreme judicial district may be heard together as nearly as may be.

III. At least ten days prior to the commencement of each term of court, the clerk will send to the attorneys interested a printed copy of the trial docket for the term following, showing the day on which each cause will be heard. All attorneys interested shall be notified by the clerk of all orders of the court concerning each case.

contain a brief statement of the matter involved, with the reason for the application. VII. In each civil cause filed in this court, counsel for plaintiff in error shall, unless otherwise ordered by the court, serve his brief on counsel for defendant in error with in forty days after filing his petition in error, and shall at the same time file fifteen copies of said brief with the clerk of the Supreme Court. And the defendant in error shall, unless otherwise directed by the court, have thirty days after service on him of plaintiff in error's brief, in which to serve and file his answer briefs. Proof of service of briefs must be filed with the clerk of this court within ten days after service. In case of failure to comply with the requirements of this rule, the court may continue or dismiss the cause, or reverse or affirm the judgment.

VIII. In all criminal appeals in which the state is a party or in which any of the property of the state is involved, counsel shall such service to be as in civil cases provided serve their briefs upon the Attorney General, in rule VII concerning the service of briefs on opposite counsel, provided, that in felony cases it shall not be necessary for the plaintiff in error to serve printed briefs, but in lieu thereof may prepare five typewritten briefs and file the same with the clerk for the use of the court, and in addition thereto serve one copy of the typewritten brief on the Attorney General.

IX. Application for a rehearing in any cause, unless otherwise ordered by the court, shall be made by a petition to the court sign

IV. Attorneys desiring to make oral arguments shall file notice hereof with the clerk of such intention at least thirty days prior to the first day of the term. If no such notice is served, causes will stand submitted on briefs. No motion shall be argued unless by direction of the court. One hour only, ex-ed by counsel and filed with the clerk within cept with the consent of the court, shall be consumed in the oral argument of a cause by counsel of either party.

fifteen days from the date on which the opinion in the cause is filed. Such petition shall briefly state the grounds upon which counsel relies for a rehearing, and show either that some question decisive of the case and duly submitted by the counsel has been overlooked by the court, or that the decision is in conflict with an express statute or controlling decision, to which the attention of the court was not called, either in brief or oral argument, or which has been overlooked by the court, and the question, statute or decision so overlooked must be distinctly and particularly set forth in the petition. No oral VI. Every motion to advance a cause shall argument will be allowed on an application

V. All motions to the court shall be reduced to writing and shall contain a brief statement of the facts and objects of the motion; and except in cases where all the facts relied upon to support the motion are of record, such motions shall be supported by affidavit. No motion shall be heard unless reasonable notice has been given to counsel upon the opposite side of the case, except where, in the opinion of the court, an emergency exists.

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State of Oklahoma,

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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.

County of

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

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day of Clerk.

XVII. Verification of Case-Made.-A certificate of the settlement of a case-made may be substantially in the following form:

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I, the undersigned, judge of the district court of district for county, Oklahoma, hereby certify that the foregoing was presented 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, day of 190-. Oklahoma, this

In any case in which a petition for rehearing 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.

XVI. Clerk's Certificate to Transcripts.-Transcripts may be certified by the clerk of

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.

or

XXII. No argument or motion filed 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.

XXIV. Whenever attorneys, who are residents of this state, file a written application