CHARLES N. POTTER, CHIEF JUSTICE.

ASSOCIATE JUSTICES, CYRUS BEARD.

RICHARD H. SCOTT.

SUPREME COURT OF OREGON.

In Force October 1, 1907. TRANSCRIPT_PREPARATION OF. ments to be upon the face and not upon the

back of the leaf.) Rule 1. Transcripts on appeal in civil cases

Upon which (or attached to it) was a reshall consist of a copy or printed abstract, as turn as follows: (Copy return in full.) in these rules provided, of so much of the

And afterwards, on the - day of record as may be necessary to intelligibly pre

, 19—there was filed in the office of sent the questions to be determined, together said clerk a with the copy of the judgment or decree appealed from, the notice of appeal and proof

DEMURRER (OR MOTION) of service thereof, and of the undertaking on to said complaint, as follows: (Here copy appeal; and in criminal cases, the indictment demurrer or motion in full.) and demurrer, if any, the journal entries of And afterwards, on the

day of the plea, trial, verdict, and judgment, and

196, it being the

day of the any other order involving the merits and nec

term of said court, the following essarily affecting the judgment; the bill of

ORDER 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 deinal testimony, depositions, and other papers

murrers to the complaint.) containing the evidence heard or offered on

And afterwards, on the

day of the trial, certified to by the clerk of the court

19, there was filed in the office of

said clerk an below. (B. and C. Comp., $8 208, 209, 553, 1448, 1479.)

ANSWER, Rule 2. Every transcript shall be on legal- in words and figures, as follows: (Here incap size paper, and typewritten or printed sert answer in full. If a motion or demurrer on one side only, shall be chronologically ar- to the answer was filed, note the fact in the ranged, and prefaced with an index specify- manner indicated above in regard to a moing the first page of each separate paper, or- tion or demurrer to the complaint.) der or proceeding, and in civil cases shall be

And afterwards, on the

day of made in substantially the following form:

19, the plaintiff filed his

REPLY,
Transcript.

in words and figures, as follows: (Here set John Doe, Appellant (or Respondent), v.out reply in full. If motions or demurrers Richard Roe, Respondent (or Appellant.)

were filed to the reply, proceed as indicated Appeal from the Circuit Court of

above for complaint.) County; Hon. — Judge.

And afterwards, on the

day of A B, Attorney for Appellant.

19, it being the

day of CD, Attorney for Respondent.

term of said court, the cause came Be it remembered, that heretofore, on the on for trial, when the following proceedings day of 19%, a

were had: (Here insert journal entry in full.

If the cause was heard before a jury and the COMPLAINT

verdict was not returned until a subsequent was filed in the office of the clerk of the Cir-day, proceed as follows:) cuit Court in and for the county of - in And afterwards, on the

day of words and figures as follows: (Here insert -, 194, it being the

day of complaint in full.)

said term, the jury returned the following And afterwards, on the day of 19, there was filed in the office of said

VERDICT. clerk a

(Here insert verdict in full.)
SUMMONS,
And afterwards, on the

day of in words and figures following, to-wit: -, 194, it being the

day of (Here insert summons in full. All indorse-said term, the following 91 P.

(vii)

JUDGMENT

PRINTING AND SERVICE OF ABwas rendered: (Here insert copy 'of judg- .

STRACTS AND BRIEFS. ment entry.)

Rule 4. Within twenty days after the tranAnd afterwards, on the

day of script is filed in a civil case, the appellant , 19—, the plaintiff (or defendant) filed shall serve upon an attorney for each rehis

spondent a printed copy of so much of the BILL OF EXCEPTIONS,

record prepared, as hereinafter provided, as in words and figures, as follows: (Here in- may be necessary to a full understanding sert in full the bill of exceptions.)

of the questions presented for decision, and And afterwards, on the

day of file with the clerk of this court proof of such 19, the plaintiff (or defendant) filed service, together with sixteen copies of said his

abstract, and no case shall be docketed for

hearing until this and other rules are comNOTICE AND UNDERTAKING ON APPEAL, plied with, except by order of the court. In in words and figures as follows: (Here in case of cross-appeals, the party first giving sert notice and undertaking on appeal in notice of appeal shall, under this rule, be confull.) Upon which was the following returnsidered the appellant. In criminal cases a or proof of service: (Copy return in full.) printed abstract may be served and filed, or Then add the certificate of the clerk to the not, as the appellant shall elect. transcript as required by statute. Should the

Rule 5. If the respondent shall deem the clerk doubt what the paper is, let him call it appellant's abstract imperfect or unfair, he “Paper in words and figures following." may, within ten days after receiving a copy When a paper is filed in term time, add the thereof, deliver to the appellant's counsel day of the term to the day of the month.1 one, and to the clerk of this court, with proof

Rule 3. Transcripts and testimony must be of service upon appellant, sixteen printed paged by numbering the leaves consecutively copies of such further or additional abstract to the end on the bottom of the leaf near the as he shall deem necessary to a full underleft-hand corner, and the name of the paper standing of the questions involved in the or witness must be written thereon on the appeal. left-hand margin near the bottom. The tes- Rule 6. Within twenty days after the servtimony must be preceded by an index in ice of the abstract as required by rule 4, and which shall be noted the first page of the tes-within the same period after the transcript is timony of each witness. No transcript shall filed in criminal cases, if no abstract is servbe filed by the clerk unless prepared in com-ed, where the appeal presents only questions pliance with the foregoing rules, except by of law upon the rulings of the court below, special order of the court or one of the jus- the appellant shall serve upon the attorney tices thereof. No transcript or abstract in a for each of the respondents one copy of his civil case will be filed by the clerk until the brief, and deliver to the clerk of this court, appellant shall have paid to him the sum of with proof of service upon respondent, six$15.00, or no brief or other paper will be filed teen copies thereof, and within twenty days for respondent until he shall have paid to thereafter the respondent shall serve upon the clerk the sum of $10.00. (B. and c. the attorney for the appellant one copy and

deliver to the clerk sixteen copies of his Comp., § 887.)

brief, with like proof of service, and the ap

pellant shall have ten days thereafter in 1 Note. The foregoing form is intended only which to serve upon respondent one copy and as a suggestion, and is to be varied according deliver to the clerk sixteen copies of a reply to the circumstances of each particular case. The actual facts of the case will dictate what brief with proof of service, if he so desires. is to be done; but in all cases, civil as well But where the appeal is from a decree and as criminal, the transcript is to be prepared to be tried anew upon the transcript and substantially in conformity with the above form, giving the proper order and date of filing evidence accompanying it, the plaintiff shall papers, and incorporating them at the proper open and close, and as to printed briefs shall date as to the proceedings of the court, omit-observe the rules requiring the service and such as undertakings on appeal, costs bills when filing of such brief by appellant. A failure

, not involved therein, as well as papers and or- by appellant to comply with this rule within ders which have ceased to perform any office in the time required, or such modification therethe case, such as demurrers and original plead- of as may be made, shall be deemed and coned by pleading over, unless such original plead-sidered as cause for affirmance or dismissal ings are necessary to a proper understanding of of the appeal, and a failure by the respondtitle of the court and cause, unless otherwise ent as a waiver of the right to be heard. directed, may be omitted from all papers ex

Rule 7. All abstracts and briefs shall be cept the first paper in the cause, but the word printed upon unruled white paper, either "title" shall be used, the character of the paper, from eleven-point (small pica) or twelvewhether 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. I three-point leads. The size of the page must

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 On the - day of - 19—, the debottom blank margins of each page to be one fendant filed a and one-half inches wide. The cover, or if

DEMURRER cover is used, the first page, shall set to the said complaint, setting up the followforth the title of the case, designating the ap-ing grounds: (State only the grounds of depellant and respondent, the term of this murrer, omitting the formal parts. If the court to which the appeal is brought, the pleading was a motion, and the ruling therecourt from which the appeal is taken, the on is one of the questions to be considered, name of the judge who presided, and of set it out in the same way, and continue.) counsel for the respective parties, and the And on the

day of

-19, the party in whose behalf the same is filed, same was submitted, and the court made the whether appellant or respondent.

following ruling thereon: (Here set out the Rule 8. 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

19, the be set out. When the reference is to a text-defendant filed his

. book the number or date of the edition must

ANSWER be stated, with the number of the volume and page. In equity cases the brief shall al- as follows: (Here set out so much of the adso contain such portions of the evidence as swer as may be necessary to explain the may be deemed material, giving the name of questions raised on the appeal, and no more, the witness, and may be in either narrative omitting all formal parts. If motions or form or by question and answer.

demurrers were interposed to this pleading, Rule 9. The printed abstract of the record proceed as directed with reference to the must be accompanied by a complete index of complaint. Frame the record so that it will its contents, and shall be made substantially properly present all questions to be reviewed in the following form:

and raised before issue was joined, and none

other. When the abstract shows issue joinIN THE SUPREME COURT OF THE STATE OF ed, proceed.) OREGON.

On the

day of

; 19 said Term, 19

c'ause was tried by a jury (or the court, as John Doe, Appellant (or Respondent), v.

the case may be) and on the trial the folRichard Roe, Respondent (or Appellant.)

lowing proceedings were had: (Set out so APPELLANT'S ABSTRACT OF RECORD.

much of the bill of exceptions, or the sub

stance thereof, as is necessary to show the Appeal from the judgment of the Circuit ruling of the court to which exceptions were Court for -- County; Hon. Judge. taken during the progress of the trial and A B, Attorney for Appellant.

which will be urged as error on the appeal, CD, Attorney for Respondent.

and no more.) On the day of - 19, the

After the evidence and the arguments of plaintiff filed in the Circuit Court for

counsel were concluded, the plaintiff (or de County a

fendaut, as the case may be,) asked the court COMPLAINT, stating his cause of action (or suit) as fol

to give the following lows: (Set out all of the complaint necessary

INSTRUCTIONS to an understanding of the questions to be to the jury: (Set out the instructions referpresented to this court, and no more. In red to and continue;) each of which the setting out exhibits, omit all merely formal court refused; to which said several rulings irrelevant parts; as, for example, if the ex- the plaintiff (or defendant) excepted at the hibit be a deed or mortgage, and no question time, and thereupon the court gave the folis raised as to the acknowledgment, omit the lowing instructions to the jury: (Set out the acknowledgment. When the defendant has instructions.) appeared it is useless to encumber the ab- To the giving of those numbered (give stract with the summons, or the return of number), and to the giving of each thereof,