COURT RULES.

SUPREME COURT OF WISCONSIN.

ADOPTED AUGUST 15, 1876, AND AS SINCE AMENDED.

Attorneys and guardians ad litem in the court below will be deemed attorneys and guardians of the same parties in this court, until duly changed.

Service of all papers required by these rules may be made by mail, prepaid, and properly directed to the person to be served. When the mail is carried wholly by railroad, 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 72 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 the time of service.

RULE II.

All motions shall be in writing, accompanied by original papers on which the same are founded; and copies thereof, and notice of the time of making the motion, must be served on the opposite party at least eight days before.

RULE III.

The court in term-time, and one of the justices in vacation, may, however, make orders to show cause, providing for their service and returnable before the court as such

order shall direct.

RULE IV.

RULE VII.

Hereafter the contents of every record or transcript thereof, filed with the clerk of this court, must be arranged chronologically, as for instance:

1. The summons or other process.

2. The proof of serving such process. 3. The complaint, petition, relation or affidavit of garnishment, with the date of

service.

4. The answer or demurrer with the date of service.

5. The reply, demurrer or election to take issue, with the date of service.

6. Any interlocutory orders made by the court and material to the appeal, and the papers upon which the same are based.

7. The verdict of the jury, the findings of the court or the report and findings of the referee, with the orders of the court there

The 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 made by a certified copy of the whole record,

unless the court below shall, for cause, order original papers to be returned.

RULE V.

8. The final judgment of the court.

9. Any order of the court made after

judgment and material to the appeal, and the papers upon which the same is based.

10. The bill of exceptions, with the certificate of the trial judge to the same.

11. The writ of error or notice of appeal, with the requisite bond or undertaking.

12. The certificate of the clerk of the trial court to the return.

The plaintiff in error or appellant shall cause the proper returns to be made to this court, within twenty days after filing the Such record or transcript shall not be acwrit of error or 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 with costs. (Lee v. Lord, 75 Wis. 35, 36, 43 N. W. 799.)

RULE VI.

If the return of the court below be defective, either party may move this court for a further return.

ing a part of the record proper or made such by the bill of exceptions. Such record shall be paged consecutively throughout on the left hand margin. Any failure to comply with this rule to the inconvenience of the court, may, in its discretion, be followed by affirmance or the dismissal of the appeal or writ of error.

September 4, 1894.

RULE VIII.

Rule VIII of this court is hereby amended so as to read (87 Wis., 59 N. W. v.) as fol

upon the evidence, the leading facts or con

clusions which the evidence establishes or tends to prove; (5) the principles of law ap

plicable to the case, and the authorities in support of the same.

The brief of the respondent or defendant in error may point out any insufficiency or and supply. correct and answer the same inaccuracy in the brief of the opposite party, in the order indicated; and may also, in the cases indicated, state any leading facts or

conclusions which the evidence establishes

No extended dis

or tends to prove, and any principles of law
applicable to the case, and the authorities
cussion upon a mere question of fact will
in support of the same.
be permissible in any brief or at the bar,
but the brief must refer to the printed case
where all evidence bearing upon such leading
shall be taxed for the printing of any brief
facts or conclusions may be found. No costs
failing to comply with this rule or containing
a miscitation of authorities not corrected

before the submission of the cause.

lows: Hereafter in calendar causes a case shall be made and printed by the appellant or plaintiff in error. which shall contain a complete abstract or abridgment of so much of the record mentioned in the foregoing rule, as may be necessary to a full understanding of the questions presented for decision. Every paper or part of the record, not so abstracted or abridged, must be mentioned with the appropriate date and the page in the record where the same may be found in extenso-to the end that the printed case shall be a synopsis of the several parts of the whole record, arranged chronologically as mentioned in the foregoing rule, referring therein to the appropriate pages of the record by numerals on the left hand margin of the page under the words "Page of Record." Each such case containing more than 20 pages must have a complete printed index alphabetically arranged in the back part thereof; which index must refer to each document and paper contained in the case, together with the names of the witnesses and the pages of the direct, cross and redirect examination. If the printed case is incomplete or inaccurate in any substantial particular, (but not otherwise), the respondent or defendant in error, may within ten. W. 1140; Crocker v. City of Ft. Howard, days after receiving the same, deliver to the attorney for the appellant or plaintiff in error a supplemental case with references to the record as in the principal case, making the corrections, and file the requisite copies thereof for the use of the court. No costs shall be taxed for the printing of any case or supplemental case failing to comply with this rule. (Pearson v. Martin, 38 Wis. 265; Heath v. Smelting Co., 39 Wis. 159; Southmayd v. Insurance Co., 47 Wis. 517, 522, 2 N. W. 1140; Crocker v. City of Ft. Howard, 50 Wis. 228, 6 N. W. 803; Haseltine v. Mosher, 51 Wis. 449, 8 N. W. 275; Richards v. City of Waupun, 59 Wis. 47, 48, 17 N. W. 976; Baker v. City of Madison, 62 Wis. 153, 22 N. W. 583; Nichols v. Crittenden, 74 Wis. 462, 43 N. W. 105.)

September 4, 1894.

RULE IX.

Rule IX of this court is hereby amended so as to read (87 Wis., 59 N. W. v.) as fol lows: Hereafter in calendar causes, each

party shall prepare and print a brief; and each statement and proposition therein which is based upon the record must refer to the page of the record as contained in the printed case upon which the same is based. The brief of the appellant or plaintiff in error must contain a concise statement of (1) the nature of the action and the issues involved; (2) the result of the trial or hearing in the court below; (3) the several errors relied upon for reversal; (4) in cases depending

of the two rules immediately preceding will The penalty annexed to this rule and each not be strictly enforced in any cause in which the record has been or may be filed with the clerk of this court prior to November 1, 1894. (Heath v. Smelting Co., 39 Wis. 159; Southmayd v. Insurance Co., 47 Wis. 522, 2

50 Wis. 228, 6 N. W. 803; Haseltine v. Mosher, 51 Wis. 450, 8 N. W. 275; Richards v. City of Waupun, 59 Wis. 48, 17 N. W. 975; 610. 23 N. W. 695; Mullen v. Reinig, 72 Wis. McLimans v. City of Lancaster, 63 Wis. 597, 391, 39 N. W. 862; Spehn v. Huebschen, 83 Wis. 315, 53 N. W. 550.)

RULE X.

Cases and briefs shall be neatly and legibly printed with black ink on white writing paper, properly paged at the top, with a margin on the outer edge of the page, of an inch and a half. The printed page shall be seven inches long and three and a half inches wide, and the paper page shall not be more than nine inches long or seven inches wide. Each case and brief shall be signed by counsel preparing it; and shall be stitched together in a paper or cloth cover, with its proper designation and the title of the cause printed on the outside.

RULE XI.

When the writ of error or certiorari shall

have been filed, or the appeal perfected, thirty days before a term of this court, the cause may be put on the calendar at that term; otherwise not until the next succeeding term, unless by consent.

RULE XII.

September 28, 1897. (95 Wis., 72 N. W. iv.)

Three copies of the printed case shall be served by the plaintiff in error or appellant

on the opposite party at least forty days before the day set for the argument of the

cause.

RULE XIII.

ing of the calendar. When they have been heard, the court will adjourn to consider them, for not less than a week, and the 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 meet to call them.

58 N. W. vi.)

RULE XVI.

Calendar causes may be submitted, on either or both sides, on printed briefs actually filed at the time. But the court will order the argument at the bar, on both sides, of all cases appearing to require it.

RULE XVII.

60 N. W. v.)

Hereafter the clerk shall make up a calendar as prescribed by section 2416, Rev. St., for each term, by putting thereon, without being noticed, all causes which have been pending in this court not more than two years and in which the record has been filed in this court for at least thirty days before the commencement of the term, and the clerk shall give notice thereof, as heretofore, to the attorneys interested, in a Madison paper and by mail, at least twenty As Amended August 14, 1894. (See 87 Wis., days before the term: Provided, that the clerk shall also put upon such calendar any causes so pending in this court for more than two years, in case they shall be noticed for argument and a copy of such notice be filed with the clerk of this court at least thirty days before such term. All causes so pending for more than two years, which shall not be so noticed, nor brought to a hearing, nor continued by order, nor otherwise disposed of, on or before the first day of the August term, 1896, may thereafter be dismissed without notice and as of course upon payment of the clerk's fees, but otherwise without costs; and the record may thereupon be remitted.

RULE XIV.

When a cause is reached on the calendar, and neither side has been submitted or is represented by counsel in court under these rules, it will be dismissed or continued, in When it is so the discretion of the court. submitted or represented by counsel for the plaintiff in error or appellant, and not for the defendant in error or respondent, the judgment, order or proceeding of the court below will be reversed, of course, without argument. When it is so submitted or represented by counsel for the defendant in error or respondent, and not for the plaintiff in error or appellant, the judgment, order or proceeding of the court below will be affirmed, of course, without argument. (Butts v. Fenelon, 38 Wis. 664; Salscheider v. City of Ft. Howard, 45 Wis. 519.) By virtue of the writ of error or an appeal by the court for statute, a discontinuance or dismissal of a want of prosecution would seem to preclude the party from suing out another writ of error or taking another appeal. (Section 3040, Rev. St.)

RULE XVIII.

May 10, 1882 (see 53 Wis.).

September 28, 1897. (95 Wis., 72 N. W. iv.) The brief of the appellant or plaintiff in error must be served on the opposite party at least fifteen days, and that of the respondent or defendant in error at least five days, before the cause is called for argument. Failure by a party to comply with this rule will entitle the opposite party (if 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 discretion, direct that the cause stand for argument in its order. Either party may, without service thereof, submit a supplemental brief on the argument, but the same must be strictly confined to matter in reply to the brief on the other side. (Salscheider v. City of Ft. Howard, 45 Wis. 519; Egan v. Sengpiel, 46 Wis. 703, 1 N. W. 467; 50 Wis.; and 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 case for special cause.

RULE XV.

As Amended June 23, 1880. (See 48 Wis.) Unless otherwise ordered, not less than twenty causes will be called in their order, exclusive of causes submitted on both sides, at each meeting of the court during the call

Before the calling of a calendar cause, the plaintiff in error or appellant shall file with the clerk eight copies of the printed case, and each party eight copies of his printed brief. The clerk shall deliver one copy of each to each of the justices, to the reporter, and to the state librarian.

RULE XIX.

April 8, 1895. (90 Wis., 65 N. W. viii.) Unless otherwise directed by the court, the argument of causes is hereby limited to two hours on each side in all cases wherein the amount in controversy (exclusive of costs) is $5,000 or upwards; and one hour on each side in all cases wherein the amount in controversy (exclusive of costs) is less than $5,000 and not less than $500; and to half an hour on each side on all motions and all

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 the right to open and close the argument.

As Amended June 23, 1880 (see 48 Wis.), and service of such notice shall be filed with the May 10, 1882 (see 53 Wis.).