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SUPREME COURT OF OREGON.
In Force October 1, 1907.
ments to be upon the face and not upon the back of the leaf.)
Upon which (or attached to it) was a return as follows: (Copy return in full.) And afterwards, on the
day of -, 19, there was filed in the office of said clerk a
DEMURRER (OR MOTION) to said complaint, as follows: (Here copy demurrer or motion in full.) And afterwards, on the 19, it being the
Rule 1. Transcripts on appeal in civil cases shall consist of a copy or printed abstract, as in these rules provided, of so much of the record as may be necessary to intelligibly present the questions to be determined, together with the copy of the judgment or decree appealed from, the notice of appeal and proof of service thereof, and of the undertaking on appeal; and in criminal cases, the indictment and demurrer, if any, the journal entries of the plea, trial, verdict, and judgment, and any other order involving the merits and necessarily affecting the judgment; the bill of exceptions, if there be one, and the notice of appeal and certificate of probable cause, if overruling (or sustaining) said demurrer (or any. If the appeal is from a decree, the motion) was made: (Copy order in full. Protranscript shall be accompanied by the orig-ceed in same manner as to all motions or demurrers to the complaint.) And afterwards, on the
inal testimony, depositions, and other papers containing the evidence heard or offered on the trial, certified to by the clerk of the court below. (B. and C. Comp., §§ 208, 209, 553, 1448, 1479.)
Rule 2. Every transcript shall be on legalcap size paper, and typewritten or printed on one side only, shall be chronologically arranged, and prefaced with an index specifying the first page of each separate paper, order or proceeding, and in civil cases shall be made in substantially the following form:
A B, Attorney for Appellant.
C D, Attorney for Respondent.
day of day of the term of said court, the following
day of -, 19, there was filed in the office of said clerk an
term of said court, the cause came
Be it remembered, that heretofore, on the on for trial, when the following proceedings
were had: (Here insert journal entry in full.
And afterwards, on the
day of day of
19, it being the
in words and figures following, to-wit:
PRINTING AND SERVICE OF AB-
Rule 4. Within twenty days after the transcript is filed in a civil case, the appellant shall serve upon an attorney for each respondent a printed copy of so much of the record prepared, as hereinafter provided, as may be necessary to a full understanding of the questions presented for decision, and file with the clerk of this court proof of such service, together with sixteen copies of said abstract, and no case shall be docketed for hearing until this and other rules are complied with, except by order of the court. In case of cross-appeals, the party first giving notice of appeal shall, under this rule, be considered the appellant. In criminal cases a printed abstract may be served and filed, or not, as the appellant shall elect.
Rule 5. If the respondent shall deem the appellant's abstract imperfect or unfair, he may, within ten days after receiving a copy thereof, deliver to the appellant's counsel one, and to the clerk of this court, with proof of service upon appellant, sixteen printed copies of such further or additional abstract as he shall deem necessary to a full understanding of the questions involved in the appeal.
NOTICE AND UNDERTAKING ON APPEAL, in words and figures as follows: (Here insert notice and undertaking on appeal in full.) Upon which was the following return or proof of service: (Copy return in full.) Then add the certificate of the clerk to the transcript as required by statute. Should the clerk doubt what the paper is, let him call it "Paper in words and figures following." When a paper is filed in term time, add the day of the term to the day of the month.1 Rule 3. Transcripts and testimony must be paged by numbering the leaves consecutively to the end on the bottom of the leaf near the left-hand corner, and the name of the paper or witness must be written thereon on the left-hand margin near the bottom. The testimony must be preceded by an index in which shall be noted the first page of the testimony of each witness. No transcript shall be filed by the clerk unless prepared in com-ed, where the appeal presents only questions pliance with the foregoing rules, except by special order of the court or one of the justices thereof. No transcript or abstract in a civil case will be filed by the clerk until the appellant shall have paid to him the sum of $15.00, or no brief or other paper will be filed for respondent until he shall have paid to the clerk the sum of $10.00. (B. and C. Comp., 887.)
Rule 6. Within twenty days after the service of the abstract as required by rule 4, and within the same period after the transcript is filed in criminal cases, if no abstract is serv
of law upon the rulings of the court below, the appellant shall serve upon the attorney for each of the respondents one copy of his brief, and deliver to the clerk of this court, with proof of service upon respondent, sixteen copies thereof, and within twenty days thereafter the respondent shall serve upon the attorney for the appellant one copy and deliver to the clerk sixteen copies of his brief, with like proof of service, and the appellant shall have ten days thereafter in which to serve upon respondent one copy and deliver to the clerk sixteen copies of a reply brief with proof of service, if he so desires. But where the appeal is from a decree and to be tried anew upon the transcript and evidence accompanying it, the plaintiff shall open and close, and as to printed briefs shall observe the rules requiring the service and filing of such brief by appellant. A failure by appellant to comply with this rule within the time required, or such modification thereof as may be made, shall be deemed and considered as cause for affirmance or dismissal of the appeal, and a failure by the respondent as a waiver of the right to be heard.
1 Note. The foregoing form is intended only as a suggestion, and is to be varied according to the circumstances of each particular case. The actual facts of the case will dictate what is to be done; but in all cases, civil as well as criminal, the transcript is to be prepared substantially in conformity with the above form, giving the proper order and date of filing papers, and incorporating them at the proper date as to the proceedings of the court, omitting from the transcript all unnecessary papers, such as undertakings on appeal, costs bills when not involved therein, as well as papers and orders which have ceased to perform any office in the case, such as demurrers and original pleadings when superseded by amended ones or waived by pleading over, unless such original pleadings are necessary to a proper understanding of the questions to be presented on appeal. The title of the court and cause, unless otherwise directed, may be omitted from all papers except the first paper in the cause, but the word "title" shall be used, the character of the paper, whether complaint, summons, answer, etc., shall be designated. The file marks and indorsements point (pica) type, leaded with two-point or may aso be omitted, unless otherwise directed. three-point leads. The size of the page must I
Rule 7. All abstracts and briefs shall be printed upon unruled white paper, either from eleven-point (small pica) or twelve
On the fendant filed a
19, the de
be six and one-quarter by nine and one-half | the officer. Append to the abstract of each inches, and the printed page shall be twenty- paper a reference to the page of the trantwo by thirty-nine ems, pica, exclusive of script on which it will be found.) folio at head of the page; the outer, top, and bottom blank margins of each page to be one and one-half inches wide. The cover, or if no cover is used, the first page, shall set forth the title of the case, designating the appellant and respondent, the term of this court to which the appeal is brought, the court from which the appeal is taken, the name of the judge who presided, and of counsel for the respective parties, and the party in whose behalf the same is filed, whether appellant or respondent.
to the said complaint, setting up the follow-
And on the day of, 19, the same was submitted, and the court made the following ruling thereon: (Here set out the Rule 8. The printed brief shall state the The printed brief shall state the ruling. In every instance let the abstract be several propositions of law claimed to be in- made in the chronological order of the events volved in the case, and the authorities relied in the case let each ruling appear in the upon for the support of the same separately proper connection. If the defendant pleaded from the argument. The points and author-over, and thereby waived his right to appeal ities must be first distinctly stated and the from the ruling, no mention of it should be argument set forth supplementary thereto. made in the abstract; and if no question is When an authority cited is an adjudicated to be raised on the appeal growing out of the case, the names of the parties, the volume in rulings of the court upon motions or demurwhich reported, and the particular page or rers, no mention should be made of them in pages containing the matter to which counsel the abstract, but it should continue.) desires to call the attention of the court must And on the day of be set out. When the reference is to a text- defendant filed his book the number or date of the edition must be stated, with the number of the volume and page. In equity cases the brief shall also contain such portions of the evidence as may be deemed material, giving the name of the witness, and may be in either narrative form or by question and answer.
Rule 9. The printed abstract of the record must be accompanied by a complete index of its contents, and shall be made substantially in the following form:
as follows: (Here set out so much of the an-
IN THE SUPREME COURT OF THE STATE OF ed, proceed.)
John Doe, Appellant (or Respondent), v.
APPELLANT'S ABSTRACT OF RECORD.
Appeal from the judgment of the Circuit Court for County; Hon. -, Judge.
A B, Attorney for Appellant.
C D, Attorney for Respondent.
plaintiff filed in the Circuit Court for County a
stating his cause of action (or suit) as follows: (Set out all of the complaint necessary to an understanding of the questions to be presented to this court, and no more. In setting out exhibits, omit all merely formal irrelevant parts; as, for example, if the exhibit be a deed or mortgage, and no question is raised as to the acknowledgment, omit the acknowledgment. When the defendant has appeared it is useless to encumber the abstract with the summons, or the return of
On the day of -, 19, said cause was tried by a jury (or the court, as the case may be) and on the trial the following proceedings were had: (Set out so much of the bill of exceptions, or the substance thereof, as is necessary to show the ruling of the court to which exceptions were taken during the progress of the trial and which will be urged as error on the appeal, and no more.)
After the evidence and the arguments of counsel were concluded, the plaintiff (or defendant, as the case may be,) asked the court to give the following
to the jury: (Set out the instructions referred to and continue;) each of which the court refused; to which said several rulings the plaintiff (or defendant) excepted at the time, and thereupon the court gave the fol lowing instructions to the jury: (Set out the instructions.)
To the giving of those numbered (give number), and to the giving of each thereof,