COURT RULES. SUPREME COURT OF MISSISSIPPI. 1. unbound transcript, with the binding fee, to the clerk of this court. Transcripts shall not be folded, but may be rolled for transmission, if not bound as required; and, if not bound, the sheets shall not be fastened together. No transcript shall be taken from the clerk's office by any party or counsel until the same shall have been bound. It is hereby made the duty of all parties appealing to this court to file the transcript of the record in the office of the clerk of the Supreme Court, not less than twenty days before the time for taking up the docket of the district to which the case belongs. A failure to observe this rule shall cause the case to be sent to the heel of the docket, unless it shall appear that the failure was intentional and for the purpose of delay, when said case shall be dealt with as a delay case and appellants taxed with all cost of A transcript shall not contain any part of appeal. This rule shall not apply to state the case except the pleadings, evidence, incases, nor shall it prevent the court from structions, bills of exceptions, and the order, extending the time upon affidavit filed show-judgment, or decree appealed from, unless ing good cause. 2. Every transcript of a record brought to this court shall be distinctly and plainly written or typewritten, on paper not less than eight nor more than eight and one-half inches wide, and fourteen inches long, on one side of every leaf; and each page shall be numbered at the bottom, at or near the center, and there shall be a blank margin at the top of not less than one inch, the paper to weigh not less than fourteen pounds to the ream. Transcripts may be typewritten, on linen paper, to weigh not less than eight pounds to one thousand sheets and must be double spaced. No carbon or other duplicates will be received, nor will transcripts written or typewritten with copying ink be filed. Such transcripts, whether written or typewritten, shall be prefaced by a suitable index, and shall be securely bound in nonflexible paste'board covers, with marbled sides, in volumes of about an equal number of pages, not to exceed in any case two hundred and fifty pages in a volume, for the payment of which binding the appellant will be allowed sixty cents per volume, to be taxed with the costs. The appellant may cause the transcript to be bound as above described, or he may, at the time of taking his appeal, deposit, with the clerk of the court from which the appeal is taken, a binding fee of sixty cents per volume of two hundred and fifty pages. 3. Transcript-What to Contain. the appellant shall, by writing, request other matters specified to be embraced in the transcript, a copy of which request shall be annexed to the transcript; and exhibits to declarations, bills, answers, depositions, etc., shall immediately follow the particular plea or deposition, first referring to them, and shall be copied but once. The several answers of witnesses as made in depositions shall each follow consecutively the particular interrogatory to which they are responsive; and no commission to examine a witness, nor certificate of a commissioner to a deposition, nor any proceedings to obtain such commission, shall be inserted in any transcript, except where a question as to the sufficiency or legality thereof appears from the record to have been decided; and no fee shall be allowed for anything besides those matters required to be embraced in the transcript. 4. Agreed Transcript. By agreement of parties or their attorneys, made in writing and attested by the clerk of the court in which any case may be pend ing or record existing, (which agreement shall be filed, and made a part of the transcript of such record,) such parts of the record and proceedings as shall be agreed shall constitute the transcript of the record to be brought to this court, and shall be certified as such, and be considered a full transcript in this court for the consideration and final In such cases the clerk shall transmit the adjudication of the cause here. 50 SO (4) The appellant or his counsel shall file on a separate sheet of paper a statement of the grounds of error relied on, at least fifteen days before the first day for the call of the docket to which the case belongs, and, at the end of the assignment shall state whether or not oral argument is desired, and a certificate that a copy of it has been delivered, or mailed to the appellee, or his counsel. No error not distinctly assigned shall be argued by counsel, or considered by the court. In appeals returnable at any time the assignment shall be filed, with like statement and certificate, fifteen days before the hearing of the case. 8. 1. No brief shall be filed by the clerk for either side unless there is appended a certificate that a copy of it has been delivered, or mailed to the opposing party-or his counsel, or the original submitted for examination and also a statement in writing filed as required in par. 7 whether or not oral argument is desired. 2. All cases in which no request for oral argument has been made shall be submitted on the first day of the term or time appointed for taking up the docket of the district to which the case belongs. 3. In all cases to be submitted without oral argument, appellant's brief shall be filed not later than twelve days before the first day of the term appointed for taking up the docket of the district to which the case belongs, and appellee's brief not later than five days before said time, and any re joinder brief by appellant not later than said return day; the same number of days applying before the hearing in appeals returnable at any time. In all cases to be argued orally appellant's brief shall be filed not later than twelve days before the day on which the case is set for hearing, and appellee's brief not later than five days before said time, and than the day on which the case is set for argument. No oral argument will be permitted until briefs are on file. 4. There shall be no setting of the criminal docket except by special order of the court, all criminal cases being due to be called for hearing on the return day for the criminal docket for each district. 5. There shall be no cases set for hearing during the last week for the hearing of the civil docket for any district. 6. No more than ten cases shall be called for hearing on any day. 7. The setting of civil cases shall be made as follows: All civil cases not preference causes shall be set by the clerk of the court, under the direction of the court, in following manner: On the return day of each district, the clerk shall submit all cases in which oral argument has not been requested in a writing filed on the return day of the said district; the clerk, under the direction of the court, shall then on the said return day for each district set all the cases in which such written request for oral argument has been filed as aforesaid, daily as follows: That is to say, on the return day for each district he shall set for hearing on that day under the direction of the court, ten cases for hearing that day; for the sec ond day he shall in like manner set ten cases for hearing, the said ten cases to consist of so many of the ten cases set for the return day as may not have been heard on that day, together with so many other cases as will make ten cases for hearing on the sec ond day; and this course he shall pursue day by day throughout the call of the civil docket for each district, except the last week. The clerk shall each day publish in one or more of the papers published in the city of Jackson, a statement showing the condition of the docket from day to day as to the hearing of civil cases, which statement shall clearly disclose what cases were disposed of on the day preceding the publication and what cases are set for the next day. The clerk shall also on the return day for each district mail to each and every lawyer interested in the call of the civil docket for that district, a certified copy of the entire civil docket for such district so that every such attorney upon posting this copy of the civil docket in his office and comparing therewith the published daily statement of cases to be heard, in the Jackson papers aforesaid, may be able as nearly as possible to ascertain when his case will be called. 9. Argument. Not more than two counsel on the same side, nor a longer time for argument than one hour and a half on a side, will be allow argument begun; where there are two counsel on the same side, they may divide the time allowed between themselves. 10. Suggestion of Error. The court will, at any time within fifteen days after a judgment is rendered, consider a written suggestion of error of law or fact therein, and will take such action as may seem proper. But in cases decided within one week of final adjournment for the term, suggestions of error may be filed and dealt with according to the regulations of rule eleven. No extension of time will be granted for the filing of a suggestion of error except on account of sickness, or other extreme cause, the maximum time as to extension not to exceed thirty days, and the application for extension of time must be made within the fifteen days. 11. Suggestion of Error-Effect of Adjournment. Where an adjournment of the court shall preclude the required presentation of the suggestion of error, its presentation to the clerk, and his filing it within the time prescribed for presenting such suggestion of error to the court, shall stay all proceedings under the judgment until the next meeting of the court, when it shall be acted on by the court as if it had been presented to it when it was presented to the clerk, unless a majority of the judges of the court shall certify, in writing, to the clerk, prior to the next meeting of the court, that they have considered the suggestion of error and have de termined to overrule it; and, on receipt of such certificate, such proceedings shall be had as if a suggestion of error had not been presented. 12. Reargument-When Heard. When a reargument is ordered, the cause shall be placed at the end of the docket of its district, and heard at the same term. 13. Papers Out of Office. When a cause is regularly called on the docket for hearing, if the transcript of the record be not in the court, the counsel to whom it is charged by the clerk shall pay a fine of twenty-five dollars. 14. Motions. Every Saturday shall be motion day; and, filed when their motions are regularly called, such motions shall be dismissed; and no motion once disposed of or dismissed shall again be heard. No motion will be considered until the opposite party shall have had at least three full days' notice, by mailing, or delivery to such party a copy of same. 15. Motions Docketed-Reasons Filed. No motion shall be heard unless it has been entered on the docket, and the reason in support thereof filed with the papers on at least a half sheet of paper. 16. Motion to Dismiss-When Waived. When a motion is made to dismiss, and counsel for the motion either withdraws it or suffers it to be dismissed for want of prosecution, it shall be considered a waiver of the defect on which the motion was based, unless it be so material that no judgment can be given. 17. Dismissed Cause-How Reinstated. No cause that has been dismissed shall be reinstated without an affidavit setting forth probable error in the proceedings. 18. Docket-How Called-Delay Cases. At each term of the court the docket of each district shall be taken up in its order. But on regular motion day, by motion entered for that purpose, causes may be submitted on a suggestion that they are brought here for delay, and, if satisfied of the truth of such suggestion, the court will take up such causes first of their district, and make proper disposition of them. 19. Failure to Prosecute-Cause Dismissed. When any case shall be called for trial in its order, if no counsel appear and no brief be filed on behalf of the appellant, the cause shall be dismissed for want of prosecution. 20. Calculations. When a party relies on an excess in the calculation of interest or damages as a reason for reversing a judgment, a true calculation shall be presented to the court, in writing and figures, with a certificate by some 27. calculation is correct; and no such error will be noticed unless so presented to the court. 21. Agreement of Counsel. No agreement between counsel will be regarded unless reduced to writing, and signed and filed by them. 22. Authority of Counsel-When Required. On motion supported by affidavits, any counsel may be required to produce his au Original Papers-When Considered. Whenever it shall, in the opinion of the judge or chancellor, be necessary or proper that original papers of any kind should be inspected in the Supreme Court, such judge or chancellor may make such rule or order for safe-keeping, transporting, and return of such original papers as to him may seem proper; and such papers will be considered in connection with the transcript. 28. tained. thority, or show satisfactory evidence there- Costs Paid by Appellant-When Mandate Reof, for prosecuting any appeal in this court; and, on failing to produce such authority or furnish such evidence, the appeal may be dismissed. 23. State Cases. When costs are awarded in this court against the appellee, and there shall have been a return of nulla bona to an execution against him, and the costs shall be paid by appellant, no mandate shall issue upon the application of the appellee, until he shall pay into the court, for the use of appellant, the costs paid by him. 29. Court. The docket of criminal cases for the whole state shall be taken up on the second Monday after the Monday fixed by law for calling the docket for each district, and the provisions of Rules 7 and 8 shall apply as to Penalty for Violations of the Rules of This assignments of error and briefs. Only cases in which transcripts of the record shall have been filed shall be called, unless sixty days since the date of the certificate provided for by section 78 of the Code of 1906 shan have expired, in which case they shall be called. The attorney general may at any time inform the court of any case in which the time for filing the transcript has expired, and move for affirmance of the judgment; and nothing herein contained shall extend the time when, under the law, transcripts should Suggestion of Error-Copy must be Given Opposite Party. be filed in this court. 24. When Appellee may Not Waive Time. After a case has been called on the docket, the appellee shall not be permitted to waive the time within which citation is required to be served, nor to enter his appearance for trial of the cause at that term. 25. Attorneys must be Admitted to Practice. Attorneys at law who have not been admitted to practice in this court shall not be permitted to argue orally, or file briefs or any paper, in any cause in this court. 26. Papers Not Filed after Submission. The clerk shall not file with the papers of any cause any paper, after the cause has been argued or submitted, except by leave Any litigant, who by himself or his counsel, fails to comply with any of the provisions of the foregoing rules, shall, on motion of the party aggrieved, be taxed with such proportion of the appeal costs as in the judgment of the court may seem just and proper, in addition to any other penalty which may be provided by the rules. 30. The clerk of this court will not file any suggestion of error unless the same be accompanied by a certificate that a copy of it has been delivered or mailed to the adverse party, or to his counsel of record. 31. As to Remedial Writs. No application for supersedeas, or any other writ or remedial process mentioned in section 992 of the Code of 1906, except in cases of greatest emergency, and for injunctions, shall ever be acted on, in any case pending in any court, by any member of the Supreme Court, ex parte; but every such application, except in cases of greatest emergency, and for injunctions, shall be accompanied by written notice served on the opposite party, or his counsel, or some of them, at least five days before the hearing; and all such applications must be acted on only when both sides are represented at the hearing, or after such five days notice, duly serv Atlantic Coast Line R. Co. v. Saunders Hardware Co. (Ala.). Berry v. Cumberland Telephone & Telegraph Co. (Miss.). 69 886 63 Atlantic Coast Line R. Co., State v. (Fla.)..1039 Austin, Jordan v. (Ala.). Austin v. Vicksburg Traction Co. (Miss.) 632 991 70 Berry, Louisville & N. R. Co. v. (Fla.). 414 579 289 685 907 77 Birmingham Paint & Roofing Co. v. Gillespie (Ala.).. ..1032 |