AMENDMENTS TO RULES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS. Second Circuit. In the circuit court of appeals for the second circuit the following announcements and orders have been made: The court announces that hereafter the sessions of the court will commence at 10:30 A. M., and continue until 1:30 P. M. Dated October 25, 1892. Motions will be heard during the sessions of this court on Mondays, at 10:30 A. M. All notes of issue for the motion calendar must be filed with the clerk not later than the Friday next preceding the motion day. Dated March 24, 1893. Hereafter the provision contained in subdivision 6 of section 1 of rule IV.1 in admiralty, that "all opinions of the court, whether upon interlocutory questions or finally deciding the cause," shall be certified up with the aposties, must be strictly complied with, and such opinions must be printed. Dated May 9, 1893. Third Circuit. In the circuit court of appeals for the third circuit the following order was made December 7, 1892: It is ordered that hereafter there shall be but a single court docket, and no "special docket," and cases shall be placed thereon as follows: I. Those cases on the trial or hearing of which both of the circuit judges shall be competent to sit. II. Those cases on the trial or hearing of which the circuit judge oldest in commission, but not the other circuit judge, shall be competent to sit. III. Those cases on the trial or hearing of which the circuit judge youngest in commission, but not the other circuit judge, shall be competent to sit. Under and with respect to each of these three general divisions, there shall be placed first in order upon the docket those cases in which the district judge assigned for the term shall be competent to sit, and immediately thereafter the cases in which he shall not be competent to sit. Subject to the foregoing, cases shall be arranged in proper chronological order as heretofore. Seventh Circuit. In the circuit court of appeals for the seventh circuit, rule 17 of the rules of the court has been amended so as to read as follows: 17.2 DOCKET. The clerk shall prepare calendars of causes for the regular terms of this court, to be held on the first Monday of October in each year, and calendars for each adjourned term of the court, placing thereon in proper chronological order only causes in which the record shall have been printed fully 30 days before such term or such adjourned term, and those causes in which, the record having been printed, briefs upon both sides have been filed. Rules 23, 26, and 27 of the rules of the court as originally adopted (47 Fed. Rep. x.-xii.) having been repealed on October 8, 1891, by additional rule 35, which was adopted in place thereof, the following rule, number 23, has been adopted in place of said additional rule 35: 23.3 PRINTING THE RECORD. 1. In all cases the plaintiff in error or appellant, on docketing a case and filing the record, shall enter into an undertaking to the clerk with surety, to be approved by the clerk, for the payment of all costs which shall be incurred in the cause. 2. The clerk, upon the docketing of a case, shall forthwith cause an estimate to be made of the cost of printing the record, and of his fees for preparing it for the printer and for supervising the printing thereof, and shall at once notify the attorney for the plaintiff in error or appellant of the amount of such estimate, which shall be paid to the clerk within ten days after such notice. If not so paid, the writ of error or appeal may be dismissed upon the motion of the opposite party, or by the court of its own motion. 3. The clerk shall cause the record in all cases to be printed forthwith after the payment of such estimate, and shall immediately thereafter furnish to each of the respective parties at least three copies of the printed record, taking a receipt therefor; and the parties may, by written stipulation filed with or prior to the filing of the record, agree that only parts of the record shall be printed, and the case may be heard only on the parts so printed, but the court may direct the printing of other parts of the record. 4. The clerk shall cause at least twenty-five copies of the record to be printed, and may print a larger number on the request of either party on ¡ayment of the amount necessary for the printing of such extra copies. 5. The clerk shall supervise the printing, and see that the printed record is properly indexed. He shall distribute the printed copies to the justices of the For rule 17, as originally adopted in the seventh circuit, see 47 Fed. Rep. viii. For rule 23, as originally adopted in the seventh circuit, see 47 Fed. Rep. x. For rule 35, see 48 Fed. Rep. iv. court from time to time, as required. If the cost of printing the record, together with the clerk's fee for supervising the same, shall be less than the amount estimated and paid, the difference shall be refunded by the clerk to the party paying the same. If the actual cost and the clerk's fee shall exceed the clerk's estimate, the amount of such excess shall be paid to the clerk before he shall deliver or file the printed record, or any copies thereof. 6. In case of reversal, affirmance, or dismissal, with costs, the amount of the cost of the printing of the record and of the clerk's fee for supervising the same shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process. 7. Upon the clerk's producing satisfactory evidence, by atfidavit or the acknowledgment of the parties or their sureties or attorneys, of having served a copy of the bill of fees due from them respectively in this court on such parties, their sureties or attorneys, an attachment shall issue against such parties or their sureties, respectively, to compel the payment of said fees. 8. The clerk shall adopt a uniform size for the printing of all records, and the same shall be printed in small pica type, on clear white paper, with a margin of not less than an inch and a half, and show by a note or memorandum the time when each pleading or document was filed, and the printed record shall also contain running titles of its contents. 9. The briefs of attorneys shall also be printed, and conform as nearly as practicable to the size of the printed record. 10. The clerk shall, on or before the conclusion of each case, collect and file, or otherwise preserve together, one copy of the printed record and of each brief, printed motion, and argument submitted in each case. 11. In any case where the record shall have been printed in the court below, the presiding judge may, on the application of the plaintiff in error or appellant, order that such printed record, if properly indexed, may be used in place of the printing hereinbefore provided for. 12. The clerk of this court shall advertise for proposals for the printing herein before provided for, which proposals shall be submitted to the senior circuit judge of the court, who shall award such printing to the lowest and best bidder, and all such printing shall be done by the person to whom the same is so awarded; and, when a case shall be heard upon the record printed in the court below, the costs for printing shall be taxed on the basis of such bid for printing, except when the parties otherwise agree. 13. The fees of the clerk of this court shall be the same as those of the clerk of the supreme court for the same services which are at present designated by the supreme court rule 24. Rule 24 of the rules of the court has been amended so as to read as follows: 24.1 BRIEFS. 1. The counsel for the plaintiff in error or appellant shall file with the clerk of this court, within fifteen days after the date of the delivery by the clerk of the printed record, twenty copies of a printed brief, one of which shall, on application, be furnished to each of the counsel engaged upon the opposite side. 2. This brief shall contain, in order here stated: (1) A concise abstract or statement of the case, presenting succinctly the questions involved, in the manner in which they are raised. For rule 24, as originally adopted in the seventh circuit, see 47 Fed. Rep. xi. (2) A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and in cases brought up by appeals the specification shall state, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report and the action of the court upon it. (3) A brief of the argument exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point. When a statute of a state is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length. 3. The counsel for a defendant in error or an appellee shall file with the clerk twenty printed copies of his brief within fifteen days after the filing of the brief of the plaintiff in error or appellant. His brief shall be of a like character with that required of the plaintiff in error or appellant, except that no specification of errors shall be required, and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted. Either party may, at or before the argument of the cause, file a supplemental brief, strictly confined to matter in reply to the brief of the opposite party. 4. When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court, and errors not specified according to this rule will be disregarded; but the court, at its option, may notice a plain error not assigned or specified. 5. When, according to this rule, a plaintiff in error or an appellant is in default, the case may he dismissed on motion; and, when a defendant in error or appellee is in default, he will not be heard, except on consent of his adversary, and by request of the court. 6. When no counsel appears for one of the parties, and no printed brief or argument is filed, only one counsel will be heard for the adverse party; but, if a printed brief or argument is filed, the adverse party will be entitled to be heard by two counsel. Rule 25 of the rules of the court has been amended so as to read as follows: 25.5 ORAL ARGUMENTS. 1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of the case; but, when there are cross appeals, they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument. 2. Only two counsel will be heard for each party on the argument of a case. 3. Two hours on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side For rule 25, as originally adopted in the seventh circuit, see 47 Fed. Rep. xii. |