ties or briefs filed, and a failure by either party to file points and authorities or briefs under the provisions of this rule and within the time herein provided, shall be deemed a waiver by such party of the right to orally argue the case, and such party shall not recover cost for printing or typewriting any brief or points and authorities in the case.

4. No more than two counsel on a side will be heard upon the oral argument, except by special permission of the court, but each defendant who has appeared separately in the court below may be heard through his own counsel.

Optional in Criminal Cases.

5. In criminal cases it is left optional with counsel either to file written, printed, or typewritten points and authorities or briefs.

When Submitted.

6. When the oral argument is concluded, the case shall be submitted for the decision of the court.

Stipulation as to Time.

7. The times herein provided for may be shortened or extended by stipulation of parties or order of court, or a justice thereof.

RULE XII.

Printing and Paper To Be Uniform.

In all cases where a paper or document is required by these rules to be printed, it shall be printed upon similar paper, and in the same style and form (except the numbering of the folios in the margin) as is prescribed for the printing of transcripts.

Number of Copies To Be Filed.

RULE XIII.

Besides the original, there shall be filed ten copies of the transcript, briefs, and points and authorities, which copies shall be distributed by the clerk.

All opinions delivered by the court, after having been finally corrected, shall be recorded by the clerk.

RULE XV.

Rehearing-Remittitur to Issue, When-Time May Be Shortened or Extended. All motions for a rehearing shall be upon petition in writing, and filed with the clerk within fifteen days after the final judgment is rendered, or order made by the court, and pub

lication of its opinion and decision. Personal service or service by mail upon counsel of a copy of the opinion and decision shall be deemed the equivalent of publication. The party moving for a rehearing shall serve a copy of the petition upon opposing counsel, who within ten days thereafter may file a reply to the petition, and no other argument shall be heard thereon. No remittitur or mandate to the court below shall be issued until the expiration of the fifteen days herein provided, and decisions upon the petition, except upon special order. The times herein provided for may be shortened or extended for good cause shown by order of court.

Opinion To Be Transmitted.

RULE XVI.

Where a judgment is reversed or modified, a certified copy of the opinion in the case shall be transmitted, with the remittitur, to the court below.

RULE XVII.

No Paper To Be Taken Without Order.

No paper shall be taken from the court room or clerk's office, except by order of the court, or of one of the justices. No order will be made for leave to withdraw a transcript for examination, except upon written consent to be filed with the clerk.

Writ of Error, or Certiorari.

RULE XVIII.

No writ of error or certiorari shall be issued, except upon order of the court, upon petition, showing a proper case for issuing the same.

RULE XIX.

Writ of Error to Operate as Supersedeas.

Where a writ of error is issued, upon filing the same and a sufficient bond or undertaking with the clerk of the court below, and upon giving notice thereof to the opposite party or his attorney, and to the sheriff, it shall operate as a supersedeas. The bond or undertaking shall be substantially the same as required in cases on appeal.

When Returnable.

RULE XX.

The writ of error shall be returnable within thirty days, unless otherwise specially directed.

RULE XXI.

To Apply.

The rules and practice of this court respecting appeals shall apply, so far as the same may be applicable, to proceedings upon a writ of error.

RULE XXII.

Time Concerning Writ.

The writ shall not be allowed after the lapse of one year from the date of the judgment, order, or decree which is sought to be reviewed, except under special circumstances.

RULE XXIII.

Concerning Change of Venue-Additional Notice Given.

Appeals from orders granting or denying a change of venue, or any other interlocutory order made before trial, will be heard at any regular or adjourned term, upon three days' notice being given by either appellant or respondent, when the parties live within twenty miles of Carson. When the party served resides more than twenty miles from Carson, an additional day's notice will be required for each fifty miles, or fraction of fifty miles, from Carson.

RULE XXIV.

Notice of Motion.

In all cases where notice of a motion is necessary, unless, for good cause shown, the time is shortened by an order of one of the justices, the notice shall be five days.

RULE XXV.

Transcripts May Be Typewritten-To Be Bound in Boards with Flexible Backs.

1. Hereafter all transcripts of the record in any action or proceeding may be typewritten. The typewriting shall be the first impression, clearly and legibly done, with best quality of black ink, in type not smaller than small pica, upon a good quality of typewriting paper, thirteen inches long by eight inches wide, bound in boards with flexible backs, in volumes of a size suitable for convenient handling and ready reference, and arranged and indexed as required by the rules of this court. When so typewritten such transcript, in the discretion of the party appealing, need not be printed; but, if printed, all the rules concerning the same shall still apply thereto.

Briefs May Be Typewritten.

2. Briefs and points and authorities, instead of being printed, may be typewritten upon the same paper and in the same style and form as is prescribed for typewritten transcripts.

Copy To Be Served-Two Copies To Be Filed.

3. When so typewritten, but one copy of such transcript need be filed in the case; but a copy thereof shall be served upon the opposite party. Two copies of the briefs and points and authorities, viz: the first impression and a copy thereof, shall be filed with the clerk, and a copy shall be served upon each opposite party who appeared separately in the court below.

RULE XXVI.

Concerning Certificate of Naturalization.

Under no circumstances shall this court, or any of the district courts of the State of Nevada, hear proof for the issuance of, or issue final papers or certificates of naturalization to any applicant therefor, at any time within the sixty days immediately preceding any general or special state election of this state.

RULE XXVII.

Payment of Advance Fee Required-Clerk Prohibited from Filing.

No transcript or original record shall be filed or cause registered, docketed, or entered until an advance fee of twenty-five dollars is paid into the clerk's office, to pay accruing costs of suit. The clerk of the court is prohibited from filing or registering any record without first having received as a deposit the aforesaid fee.

RULES

OF THE

District Court of the State of Nevada

RULE I.

The hour of 10 o'clock a. m. is fixed for the opening of court, unless otherwise ordered.

Calendars to Contain-Attorneys.

RULE II.

The clerk of each county of the state shall make three calendars for the district court of his county, upon one of which he shall place all civil causes at issue upon questions of fact as soon as the issue is made; upon another of which he shall place all civil causes at issue upon a question of law, and all motions of every nature, except ex parte motions, as soon as the issue is made, or as soon as notice of motion is filed; and upon the third of which he shall place all criminal business of every kind. The names of the attorneys of the respective parties shall be appropriately placed on such calendars. The clerk shall, on every Saturday, forward to the presiding judge of the court, and also to the judge who is to sit in his county, a full statement of the condition of the business of the court as shown by the calendars.

Notice as to Time.

RULE III.

The judge who is to hold court in any county shall give the clerk of such county notice of the time when court will sit. The clerk shall, immediately upon receiving such notice, give all the attorneys having business in said court, as shown by the calendar, and also all attorneys practicing in his county, notice in writing of the time when court will be held. He shall also give notice of the time of holding

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