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AMENDMENTS TO RULES.
UNITED STATES CIRCUIT COURT OF APPEALS.
PROMULGATED JANUARY 12, 1905.
[Ordered that rule 3 be amended so as to read as follows:]
A session of this court shall be held annually at the city of Atlanta, Georgia, on the first Monday in October; at the city of Montgomery, Alabama, on the third Monday in October; at the City of Fort Worth, Texas, on the first Monday in November; at the city of New Orleans, Louisiana, on the third Monday in November, and shall be adjourned to such other time and place as the court may from time to time order and designate.
[Ordered that paragraph 5 of rule 14 be amended so as to read as follows:]
WRITS OF ERROR, APPEALS, RETURN AND RECORD.
5. All appeals, writs of error and citations must be made returnable and the transcript filed in the clerk's office at New Orleans not exceeding thirty days from the day of signing the citation, whether the return day fall in vacation or in term time, and be served before the return day.
Provided, however, that appeals taken from interlocutory decrees under the seventh section of the act entitled "An act to establish Circuit Courts of Appeals and define and regulate in certain cases the jurisdiction of the courts of the United States and for other purposes," approved March 3, 1891, and amendments thereto, shall be made returnaable not exceeding ten days from the day of taking the same.
[Ordered that paragraph 1 of rule 23 be amended so as to read as follows:]
1. The clerk shall, upon the docketing of a case, forthwith cause an estimate to be made of the cost of printing the record and of his fee
1 For rule 3, as originally adopted, see 31 C. C. A. lxxxix, 90 Fed. lxxxix,
2 For rule 14, as amended, see 31 C. C. A. xci, 90 Fed. xci.
8 For rule 23, as amended, see 31 C. C. A. xciii, 90 Fed. xciii,
for preparing it for the printer and supervising the printing, and shall notify the party docketing the case of the amount of the estimate. If he shall not pay it within fifteen days in ordinary cases, and within three days in preference cases, after the date of such notice, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, and for want of such payment the record shall not have been printed when a case is reached for hearing, the case may be dismissed at the discretion of the court.
[Ordered that paragraph 1 of rule 24 be amended so as to read as follows:]
1. The counsel for the plaintiff in error, appellant or petitioner shall file with the clerk of this court, at least fifteen days in ordinary cases, and in five days in preference cases, before the case is called for argument, twenty copies of a printed brief, one to be signed in handwriting by an attorney of this court, who has entered an appearance in the One copy of the brief shall, on application, be furnished to each of the counsel engaged upon the opposite side.
[Ordered that paragraph 3 of rule 24 be amended so as to read as follows:]
3. The counsel for defendant in error, appellee or respondent shall file with the clerk of this court, at least five days before the case is called for argument in ordinary cases, and before the case is called for argument in preference cases, twenty copies of a printed brief. His brief shall be of a like character with that required of the plaintiff in error, appellant or petitioner, except that no specification of errors shall be required and no statement of the case, unless that presented by the plaintiff in error, appellant or petitioner is controverted.
[Ordered that rule 29 be amended so as to read as follows:]
A petition for a rehearing after judgment can be presented only during the term at which judgment is entered, and within twenty days after such entry, unless by special leave granted by the court, or one of the judges, and must be printed and briefly and distinctly state its grounds without argument, and be supported by certificate of counsel; and will not be granted or permitted to be argued, unless a judge who concurred in the judgment desires it, and a majority of the court so determines.
For rule 24, as originally adopted, see 31 C. C. A. clxiv, 90 Fed. cixiv.
[Ordered that rule 32 be amended so as to read as follows:]
Mandates shall issue at any time after twenty-one days from the date of the decision, unless an application for a rehearing has been granted or is pending. A copy of the opinion of this court shall accompany the mandate when a new trial or further proceedings are to be had in the lower court, and the charge for such copy shall be taxed in the costs of the case.
Provided, that in all cases entitled to precedence in this court under section of the act approved March 3, 1891, and amendments thereto, the mandate or other proper process shall issue after the expiration of seven days from the date of the decision, unless otherwise ordered by the court or one of the judges.
[Ordered that rule 35 be amended so as to read as follows:]
ORDER IN RELATION TO ASSIGNMENT OF CASES FOR HEARING. Unless otherwise ordered by the senior Circuit Judge, thirty days prior to the opening of a regular session of this court the clerk is directed to assign cases for hearing as follows:
At Atlanta, Georgia, four cases per day for the first three days of each week;
At Montgomery, Alabama, four cases per day for the first three days of each week;
At Fort Worth, Texas, four cases per day for the first three days of each week;
At New Orleans, Louisiana, two cases per day for the first three days of each week.
The above assignments shall be made in accordance with existing law regulating the return of appeals, writs of error and other appellate proceedings in the Fifth Judicial Circuit, provided that cases entitled by law to preference in hearing and bankruptcy cases shall be first assigned, and cases whether preference or not may, upon stipulation of the parties filed with the clerk, be assigned for hearing at any other place or session of this court designated in such stipulation.
Except as hereinabove provided, the assignment of cases at New Orleans, Louisiana, shall be grouped by states, so as to permit the hearing of cases from one state before the cases from the next state in order shall be called.
• For rule 32, as amended, see 31 C. C. A. xcv, 90 Fed. xcv.
7 For rule 35, as originally adopted, see 31 C. C. A. xcvi, 90 Fed. xcvi