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Service of all papers required by these Attorneys and guardians ad litem in the rules may be made by mail, prepaid, and court below will be deemed attorneys and properly directed to the person to be served. guardians of the same parties in this court, When the mail is carried wholly by railroad, until duly changed. two days shall be allowed for transmission, By order of the court the following rule and added to the time of service. When the is adopted, September 4, 1894, as rule 7142 mail is not carried wholly by railroad, one (87 Wis., 59 N. W. v.): day shall be allowed for transmission for every fifty miles of distance, and added to

RULE V1112. the time of service.

Hereafter the contents of every record or

transcript thereof, filed with the clerk of RULE II.

this court, must be arranged chronologically, All motions shall be in writing, accom

as for instance: panied by original papers on which the same

1. The summons or other process. are founded; and copies thereof, and notice

2. The proof of serving such process. of the time of making the motion, must be 3. The complaint, petition, relation or afserved on the opposite party at least eight fidavit of garnishment, with the date of days before.


4. The answer or demurrer with the date RULE III.

of service.

5. The reply, demurrer or election to take The court in term-time, and one of the issue, with the date of service. justices in vacation, may, however, make or

6. Any interlocutory orders made by the ders to show cause, providing for their serv- court and material to the appeal, and the ice and returnable before the court as such papers upon which the same are based. order shall direct.

7. The verdict of the jury, the findings of

the court or the report and findings of the RULE IV.

referee, with the orders of the court thereThe return of the clerk of the court be-on, and the opinion of the court, if any. ow to writs of error and certiorari shall be

8. The final judgment of the court. made by a certified copy of the whole record,

9. Any order of the court made after unless the court below shall, for cause, order judgment and material to the appeal, and

the papers upon which the same is based. original papers to be returned.

10. The bill of exceptions, with the cer

tificate of the trial judge to the same. RULE V.

11. The writ of error or notice of appeal, The plaintiff in error or appellant shall, with the requisite bond or undertaking.

12. The certificate of the clerk of the trial cause the proper returns to be made to this court, within twenty days after filing the court to the return. writ of error er certiorari or perfecting the appeal. If he fail to do so, the opposite par

companied by any affidavit, account, docuty may make a motion in this court to dis- ment, writing or other matter, not constitutmiss the writ of error, certiorari, or appeal ing a part of the record proper or made such with costs. (Lee v. Lord, 75 Wis. 35, 36, by the bill of exceptions. Such record shall 43 N. W. 799.)

he paged consecutively throughout on the left hand margin. Any failure to comply

with this rule to the inconvenience of the RULE VI.

court, may, in its discretion, be followed by If the return of the court below be de- affirmance or the dismissal of the appeal or fective, either party may move this court for writ of error. a further return.

September 4, 1894. 88 N.W.


he Such record or transcript shall not be ac


upon the evidence, the leading facts or conRule VIII of this court is hereby amended clusions which the evidence establishes or so as to read (87 Wis., 59 N. W. v.) as fol- tends to prove; (5) the principles of law ap

plicable to the case, and the authorities in lows: Hereafter in calendar causes a case

support of the same. shall be made and printed by the appellant or plaintiff in error. which shall contain a in error may point out any insufficiency or

The brief of the respondent or defendant complete abstract or abridgment of so much of the record mentioned in the foregoing and supply. correct and answer the same

inaccuracy in the brief of the opposite party, rule, as may be necessary to a full understanding of the questions presented for de in the order indicated; and may also, in the cision. Every paper or part of the record, cases indicated, state any leading facts or

conclusions which the evidence establishes not so abstracted or abridged, must be mentioned with the appropriate date and the or tends to prove, and any principles of law page in the record where the same may be applicable to the case, and the authorities found in extenso-to the end that the printed cussion upon a mere question of fact will

in support of the same. No extended discase shall be a synopsis of the several parts be permissible in any brief or at the bar, of the whole record, arranged chronologically but the brief must refer to the printed case as mentioned in the foregoing rule, referring where all evidence bearing upon such leading therein to the appropriate pages of the record by numerals on the left hand margin of facts or conclusions may be found. No costs the page under the words "Page of Record." shall be taxed for the printing of any brief Each such case containing more than 20 failing to comply with this rule or containing pages must have a complete printed index a miscitation of authorities not corrected

before the submission of the cause. alphabetically arranged in the back part thereof; which index must refer to each

The penalty annexed to this rule and each document and paper contained in the case, not be strictly enforced in any cause in which

of the two rules immediately preceding will together with the names of the witnesses the record has been or may be filed with the and the pages of the direct, cross and redirect examination. If the printed case is 1894. (Heath v. Smelting Co., 39 Wis. 159;

clerk of this court prior to November 1, incomplete or inaccurate in any substantial particular, chut not otherwise), the respond- Southmayd v. Insurance Co., 47 Wis. 522, 2 ent or defendant in error, may within ten N. W. 1140; Crocker v. City of Ft. Howard,

50 Wis. 228, 6 N. W. 803; Haseltine v. Moshdays after receiving the same, deliver to the attorney for the appellant or plaintiff in er, 51 Wis. 450, 8 N. W. 275; Richards v. error a supplemental case with references McLimans v. City of Lancaster, 63 Wis. 597,

City of Waupun, 59 Wis. 48, 17 N. W. 975; to the record as in the principal case, mak- 610. 23 X. W. 695; Mullen v. Reinig, 72 Wis. ing the corrections, and file the requisite copies thereof for the use of the court. No 391, 39 N. W. 862; Spehn v. Huebschen, 83 costs shall be taxed for the printing of any

Wis. 315. 53 N. W. 550.) case or supplemental case failing to comply

RULE X. with this rule. (Pearson v. Martin, 38 Wis. 265; Heath V. Smelting Co., 39 Wis. 159;

Cases and briefs shall be neatly and legiSouthmayd v. Insurance Co., 47 Wis. 517, 522, bly printed with black ink on white writing 2 N. W. 1140; Crocker v. City of Ft. Howard, paper, properly paged at the top, with a 50 Wis. 228, 6 N. W. 803; Haseltine v. margin on the outer edge of the page, of an Mosher, 51 Wis. 449, 8 X. W. 275; Richards inch and a half. The printed page shall be v. City of Waupun, 59 Wis. 47, 48, 17 N. W. seven inches long and three and a half 976; Baker v. City of Madison, 62 Wis. 153, inches wide, and the paper page shall not 22 N. W. 583; Nichols v. Crittenden, 74 Wis. be more than nine inches long or seven inches 462, 43 N. W. 105.)

wide. Each case and brief shall be signed September 4, 1894.

by counsel preparing it; and shall be stitch

ed together in a paper or cloth cover, with RULE IX.

its proper designation and the title of the

cause printed on the outside. Rule IX of this court is hereby amended so as to read (87 Wis., 59 X. W. v.) as fol.

RULE XI. lows: Hereafter in calendar causes, each

When the writ of error or certiorari sball party shall prepare and print a brief; and

have been filed, or the appeal perfected, thireach statement and proposition therein which is based upon the record must refer to the ty days before a term of this court, the cause page of the record as contained in the print- may be put on the calendar at that term; ed case upon which the same is based. The otherwise not until the next succeeding term, brief of the appellant or plaintiff in error

unless by consent. must contain a concise statement of (1) the

RULE XII. nature of the action and the issues involved; (2) the result of the trial or hearing in the September 28, 1897. (95 Wis., 72 N. W. iv.) court below; (3) the several errors relied Three copies of the printed case shall be upon for reversal; (4) in cases depending served by the plaintiff in error or appellant

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on the opposite party at least forty days be- | ing of the calendar. When they have been fore the day set for the argument of the heard, the court will adjourn to consider

them, for not less than a week, and the RULE XIII.

clerk will at once notify counsel by mail of

the causes on the next assignment to be As Amended January 30, 1894. (See 85 Wis., heard, and of the day when the court will 58 N. W. vi.)

meet to call them.
Hereafter the clerk shall make up a cal-
endar as prescribed by section 2416, Rev.

St., for each term, by putting thereon, with-
out being noticed, all causes which have been Calendar causes may be submitted, on ei-
pending in this court not more than two ther or both sides, on printed briefs actually
years and in which the record has been filed filed at the time. But the court will order
in this court for at least thirty days before the argument at the bar, on both sides, of all
the commencement of the term, and the cases appearing to require it.
clerk shall give notice thereof, as hereto-
fore, to the attorneys interested, in a Mad-

RULD XVII. ison paper and by mail, at least twenty As Amended August 14, 1894. days before the term: Provided, that the

(See 87 Wis.,

60 N. W. v.)
clerk shall also put upon such calendar any
causes so pending in this court for more than

When a cause is reached on the calendar, two years, in case they shall be noticed for and neither side has been submitted or is argument and a copy of such notice be filed represented by counsel in court under these with the clerk of this court at least thirty rules, it will be dismissed or continued, in days before such term. All causes so pend the discretion of the court. When it is so ing for more than two years, which shall not submitted or represented by counsel for the he so noticed, nor brought to a hearing, nor plaintiff in error or appellant, and not for continued by order, nor otherwise disposed the defendant in error or respondent, the of, on or before the first day of the August judgment, order or proceeding of the court term, 1896, may thereafter be dismissed with. below will be reversed, of course, without out notice and as of course upon payment of argument. When it is so submitted or repthe clerk's fees, but otherwise without costs; resented by counsel for the defendant in erand the record may thereupon be remitted.

ror or respondent, and not for the plaintiff in error or appellant, the judgment, order or

proceeding of the court below will be affirmRULE XIV.

ed, of course, without argument. (Butts v. September 28, 1897. (95 Wis., 72 N. W. iv.) Fenelon, 38 Wis. 664; Salscheider v. City of

The brief of the appellant or plaintiff in i Ft. Howard, 45 Wis. 519.) By virtue of the error must be served on the opposite party writ of error or an appeal by the court for

statute, a discontinuance or dismissal of a at least fifteen days, and that of the re- want of prosecution would seem to preclude spondent or defendant in error at least five days, before the cause is called for argu

the party from suing out another writ of erment. Failure by a party to comply with ror or taking another appeal. (Section 3040, this rule will entitle the opposite party (if

Rev. St.) not himself in default) to a continuance for

the term, with twenty-five dollars costs; pro- As Amended June 23, 1880 (see 48 Wis.), and
vided, however, the court may, in its distre-

May 10, 1882 (see 53 Wis.).
tion, direct that the cause stand for argu-
nent in its order. Either party may, with-

Before the calling of a calendar cause, the out service thereof, submit a supplemental plaintiff in error or appellant shall file with brief on the argument, but the same must be the clerk eight copies of the printed case, strictly confined to matter in reply to the and each party eight copies of his printed brief on the other side. (Salscheider y, City

brief. The clerk shall deliver one copy of
of Ft. Howard, 45 Wis. 519; Egan v. Seng- each to each of the justices, to the reporter,
piel, 46 Wis. 703, 1 N. W. 167; 50 Wis.; and and to the state librarian.
70 Wis.) No brief will be received or filed
after the close of the argument in any case

except in cases where permission has been
obtained at or before the argument of the

April 8, 1895. (90 Wis., 65 N. W. viii.) case for special cause.

Unless otherwise directed by the court, the

argument of causes is hereby limited to two RULL XV.

hours on each side in all cases wherein the

amount in controversy (exclusive of costs) is As Amended June 23, 1880. (See 48 Wis.)

$5,000 or upwards; and one hour on each Unless otherwise ordered, not less than side in all cases wherein the amount in twenty causes will be called in their order, controversy (exclusive of costs) is less than exclusive of causes submitted on both sides, $3,000 and not less than $500; and to half at each meeting of the court during the call-'an hour on each side on all motions and all

appeals from orders and in all cases wherein

RULE XXIII. the amount in controversy is less than $500. As Amended August 12, 1879. (See 49 Wis. 23.)

In cases of an equitable nature, as well as in actions at law, the appellant shall have

Any cause on the state calendar may be the right to open and close the argument.

put on the next assignment of causes for hearing, by consent or by a written notice

of either party to the other of at least ten RULE XX.

days. When such consent or proof of the As Amended June 23, 1880 (see 48 Wis.), and service of such notice shall be iled with the May 10, 1882 (see 53 Wis.).

clerk, it shall be the duty of the clerk to

put such cause at the foot of the next asThe clerk of this court shall retain all signment, the same being counted as one of appeal papers until the thirtieth day after the assigned causes. When a cause on the the decision or other final disposition of the state calendar has been submitted by one appeal in this court. And every motion for party, the other party may have it put at the a rehearing shall be filed before the thirtieth foot of any assignment, without consent or day after the decision. If no motion for a notice. rehearing be then made, the clerk shall re

In criminal cases, where the charge is mit the appeal papers to the court below felony, two counsel may be heard for two according to law. If a motion for a rehear-hours, upon each side; in other criminal ing be filed within the time above limited, cases, one counsel only will be heard on each the clerk shall enter an order to retain the side, and for one hour only. All other cases appeal papers until the disposition of the on the state calendar will be governed by motion. No distinction shall be made under rule No. XIX. this rule between days in term and days in vacation.

RULE XXIV. Such motions shall not be argued orally,

The time prescribed by these rules for but shall be submitted on printed arguments, of which eight copies shall be furnished to any act, except for making a motion for re

hearing, may be enlarged by the court, for the clerk. The party nioving shall, at least

cause, on motion. (Rev. St. $S 2831, 2832; ten days before submitting such arguments Diedrich v. Railway Co., 12 Wis. 248, 24 Am. to the court, serve a copy thereof on the Rep. 399; Smith v. Grover, 74 Wis. 171, 42 opposing counsel, with a notice of the time N. W. 112.) when the same will be filed and submitted. And such opposing counsel may, on the day

RULE XXV. mentioned, file and submit his answer there

In cases where no provision is made by to.

statute or by these rules, proceedings in this If the arguments in support of the motion court shall be in accordance with the pracare not served and submitted within twenty tice heretofore existing. days after the filing of the motion, the motion shall be deemed waived.

RULE XXVI. This rule shall apply to all causes brought to this court within its appellate jurisdic

These rules shall take effect on the 1st tion, whether by appeal or by writ. (Collart day of September, 1876. And thereupon all v. Fisk, 38 Wis. 238; Diedrich v. Railway formal rules of practice in this court, hereCo., 42 Wis. 218, 24 Am. Rep. 393; Gough tofore adopted, shall cease to be in force. v. Root, 73 Wis. 37, 40 N. W. 617, 41 N. W. But rules of practice established in the de622.)

cisions of the court, not inconsistent with

these rules, shall remain in force as here. RULE XXI.

tofore. (Schend v. Society, 49 Wis. 237, 5 This court will entertain no motion not N. W. 355.) made and heard within thirty days after the

RULE XXVII. decision or other final disposition of any writ of error, certiorari or appeal, except to cor

A new rule was adopted by this court in rect niistakes in the record of this court.

1878, and found in Hanson v. Insurance Co., 45 Wis. 321, as follows: "Hereafter no

charge will be taxed for printing any brief RULE XXII.

disrespectful to this court or any member As Amended February 23, 1883. (See 56 Wis.) of it, or to the court below, or to opposing

counsel. Any such brief will be stricken Motions will be heard before calling the from the files on motion--such motion to be calendar, on each Tuesday and Friday when submitted without argument; and the court the court is in session. Motions noticed for will on its own motion exercise the same a day when the court is not sitting will be power in cases appearing to call for it. And heard on the next motion day on which the in the hearing of causes at the bar, the chief court sits, but all motions or applications to justice, or other presiding justice, will perput cases on the calendar must be made to emptorily interrupt and prohibit, without the court during the hearing of the first as- appeal to the court and without discussion signment of the term.

on the question, any argument disrespectful

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