SUPREME COURT OF KANSAS Revised July 9, 1921 No. 1. Sessions. The court will meet for, journal where the orders in such cases are the hearing of causes on the first Tuesday in entered. Firm names of attorneys shall not January and July and on the first Monday be used in signing briefs or papers filed in in other months, except when such dates fall this court. on a legal holiday; then on the day following. Forenoon sittings will commence at 9:30 and afternoon sittings at 2:00 o'clock. No sessions will be held in August or September. COMMENCEMENT OF PROCEEDINGS. No. 2. Procedure-Fees-Security. No cause shall be docketed, except one brought by the state, until the moving party shall pay to the clerk five dollars advance fees; nor shall any civil cause be docketed until security for costs shall be given, approved by the clerk, conditioned for the payment of all costs for which the party instituting the proceedings may be liable, or, in lieu thereof, a cash deposit, to be fixed by the clerk; provided, that where the clerk of the trial court shall transmit to the clerk of this court a certified copy of a notice of appeal, with the accompanying papers, the cause shall be docketed at once, but an order of dismissal shall be entered by the clerk forthwith unless the appellant shall make such deposit and give such security within thirty days thereafter. No practicing attorney shall be accepted as surety on any bond filed in this court, and each surety signing any bond shall also write thereon his place of residence. No. 3. Original Cases-Affidavit. In all original actions or proceedings instituted in this court the plaintiff or applicant for the writ shall show fully, by affidavit, the reasons why the action or proceeding is brought in this court instead of one of the inferior courts having concurrent jurisdiction. The pleadings and evidence shall be abstracted, and the rules regarding abstracts and briefs in appealed cases shall govern, so far as in their nature applicable, unless otherwise ordered. No. 4. Files-Indorsement-Preservation, Before any paper may be filed in this court the party presenting the same shall fold it and indorse thereon the number and title of the same, and a brief statement of the nature thereof, and the clerk shall keep all papers in a package on which shall be indorsed the title and number corresponding with those on the appearance docket and 208 P. ABSTRACTS AND BRIEFS. No. 5. Abstracts. In appealed cases the appellant shall print an abstract of the record, which shall reproduce, such portions thereof as it is necessary to read in order to arrive at a full understanding of the questions presented for review, so that no examination of the record itself need be made for that purpose. If the appellee shall claim that such abstract is incomplete for the purpose stated or is inaccurate, he shall furnish a counter-abstract correcting any such omissions or inaccuracies. A party need not include in his abstract all the evidence in order to support a claim on his part that it does not show or tend to show a certain fact, but may present such questions by inserting in his abstract a statement that no evidence was introduced tending to show the fact, and if the adverse party desire to controvert this he shall abstract so much of the evidence as he relies upon to support his contention in this regard. The abstracts shall state only the substance of those parts of the record the bearing of which upon the case can be clearly shown in this manner; such as are purely formal or otherwise immaterial shall be omitted altogether; but quotations must be made with verbal accuracy whenever the decision of any question in controversy may be affected thereby. The appellant's abstract shall include a specification of the errors complained of, separately set forth and numbered. The abstracts shall refer to the pages of the' stenographer's transcript or witness' deposition where the evidence abstracted can be found in full. They shall be fully indexed, exhibits being referred to in the index in such manner as to indicate their nature. The abstracts shall conclude with the statement: "The foregoing is a true and correct abstract (or counter-abstract) of the record in the above-entitled case." The amounts necessarily paid for printing them shall be taxed as costs, if claimed in due time under rule 18. No. 6. Briefs. The brief for appellant shall be printed, and contain, with pertinent reference to the pages of the abstract: (1) A full statement of the essential facts of the (vii) viii 208 PACIFIC REPORTER case this requirement not to be construed to necessitate the duplication of matter already printed in the abstract; (2) the argument and authorities in support of each point relied upon. The brief of the appellee shall also be printed, and contain, with pertinent reference to the pages of the abstracts: (1) Any point made challenging the right of the appellant to be heard; (2) a full statement of any additional facts shown by the abstract and deemed essential; (3) citations of authorities and discussion of alleged errors. No. 7. Printing-Type-Pages. Briefs and abstracts shall be printed from long primer or small pica type, the size of the type page to be 25 by 42%1⁄2 pica ems, on a leaf 6 by 9 inches, corresponding with the Kansas Reports. The clerk shall deliver one copy of each brief to the librarian, to be bound, indexed, and placed in the state library. No. 8. Service-Filing-Civil Cases. The appellant's abstract shall be served upon opposing counsel within four months, and that of the appellee within six months, from the time an appeal in a civil case is perfected, and twenty copies of each shall be filed with the clerk of this court, together with proof of service, within ten days after service is made. In each civil case counsel for appellant shall serve his brief upon opposing counsel at least forty days before the time set for argument, and ten days before such time shall file twenty copies with the clerk; and counsel for appellee shall serve his brief upon opposing counsel ten days before the time set for argument, and before such time shall file twenty copies thereof with the clerk. Proof of service of briefs must be filed with the clerk prior to the submission of the cause. In case of failure to comply with this rule, the court may continue or dismiss the cause, or affirm or reverse the judgment. No. 9. Service-State Cases. In all causes in which the state is a party, or interested, counsel shall serve briefs and abstracts on the attorney-general. In all criminal causes, counsel for the appellant shall furnish a copy of his brief and abstract to opposing counsel at least thirty days before the time set for argument, and file twenty copies thereof with the clerk before that time; and counsel for appellee shall furnish a copy of his brief and abstract, if any, to opposing counsel five days before the time set for argument, and file twenty copies thereof with the clerk before that time. MOTIONS. No. 10. In Writing-Notice. Orders for settling disagreements concerning abstracts, or for reviving, continuing, advancing or dismissing causes, or retaxing costs, will be made only upon written motions stating fully and specifically the grounds therefor, and at least ten days' notice of the time of hear ing thereof must be served on the opposing Continuances will not be granted upon the HEARING OF CAUSES AND MOTIONS. No. 11. Assignment—Advancement. No. 12. Trial Dockets for Attorneys. Fifteen days before the 1st of each month the clerk shall send to the attorneys of record a printed copy of the trial docket for the secHe shall ond month following, showing the day on which each case will be heard. notify them of all orders of the court in each cause. No. 13. Copies of Opinions Furnished. Upon the day a decision is rendered a copy of the opinion will be mailed by the clerk to one attorney upon each side of the case. No. 14. Submission on Briefs. Attorneys wishing to submit their causes on briefs and abstracts may avoid the inconvenience of personal attendance at court by filing a written direction with the clerk so to submit. In all such cases, their briefs and abstracts, with proof of service, must be on file. On the convening of court each day the assignments for that day will be called, and all cases in which no request is then made for oral arguments will be submitted upon the briefs. No. 15. Arguments-Time Allowed. Thirty minutes only, except with the consent of the court, shall be consumed in the oral ar gument of a cause by counsel for either party. Oral argument on motions will be limited to fifteen minutes on each side. Mo POST DECISION MOTIONS. No. 16. Motions for Rehearing, etc. tions for a rehearing, or for a modification of the judgment, or for the reinstatement of a case that has been dismissed, may be filed within twenty days after the decision, a |