COURT RULES. SUPREME COURT OF OREGON. To take effect Oct. 1, 1894. TRANSCRIPTS-PREPARATION OF. | 189-, there was filed in the office of said clerk a SUMMONS Upon which (or attached to it) was a return as follows: (Copy return in full.) And afterwards, on the day of 189-, there was filed in the office of said clerk a Rule 1. Transcripts on appeal in civil cases, unless otherwise directed by the appellant, shall include only a copy of the judgment in words and figures following, to wit: (Here roll, that is, the pleadings upon which the insert summons in full; all indorsements to cause was tried, summons and proof of serv- be upon the face, and not upon the back, of ice thereof, bill of exceptions, orders relating the leaf.) to a change of parties, the entry of judgment, and such other journal entries or orders only as involve the merits and necessarily affect the judgment, the notice of appeal, and any order enlarging the time in which to file the transcript, and a certificate of the clerk of the filing of the undertaking; and in criminal cases, the indictment and demurrer, if any, the journal entries of the plea, trial, verdict, and judgment, and any other order involving the merits and necessarily affecting the judg ment, the bill of exceptions, if there be one, and the notice of appeal, and certificate of probable cause, if any. If the appeal is from a decree, the transcript shall be accompanied by the original testimony, depositions, and other papers containing the evidence heard or offered on the trial, certified to by the clerk of the court below. Code, §§ 272, 541, 1413, 1444. Rule 2. Every transcript shall be on legalcap paper, written or printed on one side only; shall be chronologically arranged, and prefaced with an index specifying the first page of each separate paper, order, or proceeding; and in civil cases shall be made in substantially the following form: DEMURRER (OR MOTION) (Here copy de day of term And afterwards, on the ty. C. D., attorney for respondent. -, 189-, a COMPLAINT Be it remembered, that heretofore, on the said court, the cause came on for trial, when day of the following proceedings were had: (Here insert journal entry in full. If the cause was heard before a jury, and the verdict was not returned until a subsequent day, proceed as follows:) And afterwards, on the day of189, it being the day of said term, the jury returned the following VERDICT: (Here insert verdict in full.) And afterwards, on the day of hearing until this and other rules are complied with, except by order of the court. In case of cross appeals, the party first giving 189, it being the day of said term, the notice of appeal shall, under this rule, be following JUDGMENT considered the appellant. Criminal cases may be tried on the transcript, or a printed abstract, as the appellant may elect; but, if was rendered: (Here insert copy of judgment upon abstract, it shall be prepared, served, entry.) And afterwards, on the day of 189--, the plaintiff (or defendant) filed his BILL OF EXCEPTIONS, and filed as near as practicable in the same manner as required in civil cases. Rule 5. If the respondent shall deem the appellant's abstract imperfect or unfair, he in words and figures as follows: (Here insert may, within ten days after receiving a copy in full the bill of exceptions.) day of And afterwards, on the 189, the plaintiff (or defendant) filed his NOTICE OF APPEAL, thereof, deliver to the appellant's counsel one, and to the clerk of this court, with proof of service upon appellant, twelve, printed copies of such further or additional abstract as he shall deem necessary to a full understandin words and figures as follows: (Here insert ing of the questions involved in the appeal. notice of appeal in full.) Upon which was the following return or proof of service: ice of the abstract as required by rule four, Rule 6. Within twenty days after the serv(Copy return in full. Then add the certificate and within the same period after the tranof the clerk of the filing of the undertaking script is filed in criminal cases, if no abstract on appeal, as required by statute, together is served, where the appeal presents only queswith a certificate to the transcript. Should tions of law upon the rulings of the court the clerk doubt what the paper is, let him below, the appellant shall serve upon the atcall it “Paper, in words and figures following." When a paper is filed in term time, add the day of the term to the day of the month.) 1 1 Rule 3. Transcripts and testimony must be paged by numbering the leaves consecutively to the end on the bottom of the leaf near the left-hand corner, and the name of the paper or witness must be written thereon on the left-hand margin near the bottom. The testimony must be preceded by an index in which shall be noted the first page of the testimony of each witness. No transcript shall be filed by the clerk unless prepared in compliance with the foregoing rules, except by special order of the court or one of the justices thereof. PRINTING AND SERVICE OF Rule 4. Within twenty days after the transcript is filed in a civil case, the appellant shall serve upon the attorney for each respondent a printed copy of so much of the record prepared, as hereinafter provided, as may be necessary to a full understanding of the questions presented for decision, and file with the clerk of this court proof of such service, together with twelve copies of said abstract; and no case shall be docketed for Note. The foregoing form is intended only as a suggestion, and is to be varied according to the circumstances of each particular case. The actual facts of the case will dictate what is to be done; but in all cases, civil as well as criminal, the transcript is to be prepared substantially in conformity with the above form, giving the proper order and date of filing pa-, pers, and incorporating them at the proper date as to the proceedings of the court, omitting from the transcript all unnecessary papers, such as undertakings on appeal, cost bills when not involved therein, as well as papers and orders torney for each of the respondents one copy of his brief, and deliver to the clerk of this court, with proof of service upon respondent, twelve copies thereof; and within twenty days thereafter the respondent shall serve upon the attorney for the appellant one copy. and deliver to the clerk twelve copies, of his brief, with like proof of service; and the appellant shall have ten days thereafter in which to serve upon respondent one copy, and deliver to the clerk twelve copies, of a reply brief, with proof of service, if he so desires. But where the appeal is from a decree, and to be tried anew upon the transcript and evidence accompanying it, the plaintiff shall open and close, and as to printed briefs shall observe the rules requiring the service and filing of such brief by appellant. A failure by appellant to comply with this rule within the time required, or such modification thereof as may be made, shall be deemed and considered as an abandonment of the appeal, and a failure by the respondent as a waiver of the right to be heard. Rule 7. All abstracts and briefs shall be printed upon unruled white paper, from either small pica or pica type, single leaded. The size must be six and one quarter by nine and one-half inches, and the printed page shall be twenty-two by thirty-nine ems, pica, ex which have ceased to perform any office in the case such as demurrers and original pleadings when superseded by amended ones or waived by pleading over unless such original pleadings are necessary to a proper understanding of the questions to be presented on appeal. The title of the court and cause, unless otherwise directed, may be omitted from all papers except the first paper in the cause; but the word "title" shall be used, the character of the paper, whether complaint. summons, answer, etc., shall be designated. The file marks and indorsements may also be omitted unless otherwise directed. |
