particular term unless the abstract of the record shall be filed twenty days before the commencement of such term, or unless the appellant shall in writing present a satisfactory excuse for not having so filed the abstract; but this rule shall not apply to cases docketed for the purpose of dismissal under the rules of this court.

RULE 14.

Motions-Notice-Time May Be Extended.

All motions shall be in writing, subscribed by counsel and filed with the clerk, and in cases where a notice of motion is required, the time prescribed therefor may be shortened by any justice of the court as well as by the court.

RULE 15.

Stipulations and Agreements.

All stipulations and agreements of parties or their attorneys in respect to a cause shall be reduced to writing, signed by them, and filed with the clerk or stated in open court and entered by the clerk; otherwise the same will be disregarded. Counsel obtaining any order or judgment may be required by the clerk to furnish him the form of the same.

RULE 16.

Causes Submitted on Briefs.

Any cause may be submitted on brief by stipulation and either party may submit a cause on his behalf on brief filed and without oral argument.

RULE 17.

Time Given for Oral Argument-Who May Be Heard.

Counsel for each party shall be allowed one hour, to be divided among associates as they may desire, but the court in special cases will allow further time. Each defendant who appeared separately in the court below and an intervenor, may be heard through his own counsel.

RULE 18.

Opinions To Be Filed by Clerk-Notice of Decisions.

All opinions of the court, after having been finally corrected, shall be filed by the clerk, and shall not be taken from the clerk's office. As soon as such opinion is filed, the clerk shall give notice of the same to the attorney for each party.

RULE 19.

Removing Records-May Be Removed for Preparing Abstracts.

No papers shall be taken from the files of this court except by leave of court or one of the justices thereof; but appellants may withdraw the transcript of the record for the purpose of making an abstract, upon giving a receipt there for to the clerk, and upon such withdrawal may retain the same for eight days, but no more, unless upon the written order of one of the justices of the Supreme Court. If the respondent shall desire to make an abstract of the record, he may withdraw the transcript upon giving the like receipt and retain the same for a like time. But neither party shall withdraw the transcript more than once. All records and papers of said court shall be open to inspection by the public, and any person may procure or make copies thereof.

RULE 20.

Re-Hearing-Time and Manner of Application-Remittitur -Notice of Decision.

Application for re-hearing of any cause shall be by petition to the court, signed by counsel, briefly stating the points wherein it is alleged the court has erred; such petition to be filed within twenty days next after the filing of the opinion in the case and served on the opposite party, who may file his reply thereto within two days. Counsel shall accompany such petition with a brief of the authorities relied upon in support thereof and the certificate required by law. The filing of a petition for a re-hearing shall suspend proceedings under the decision until the petition for a re-hearing is disposed of. Upon the determination of a petition for a re-hearing, or where on notice to the party against whom the judgment is

entered in any case, the party does not signify an intention to move for a re-hearing, the clerk shall issue remittitur to the court below, or if an original proceeding, a copy of the final judgment, upon payment of the balance of costs, if any, due to the clerk in the cause; and where a judgment or decree of the court below is reversed or modified, a certified copy of the opinion and decision in the case shall be transmitted with the remittitur to the court below.

Notice of an order granting or refusing a new trial shall be given to the attorney upon each side of the case.

RULE 21.

Clerk's Fee-Deposit Required.

Whenever an action shall be brought into this court, the party so bringing the cause shall pay to the clerk the deposit required by law to pay the costs as they accrue.

RULE 22.

Applicants for Admission to Bar-Committee to Examine.

A standing committee consisting of three members of the bar of this court shall be appointed to serve for a period of two years, whose duty it shall be to examine and report in writing upon the qualifications of every applicant for admission to the bar of this court, who is required to be examined.

Applications for admission to the bar must be in writing signed by applicant, and set forth the name, age, residence, and citizenship of the applicant; the length of time he has pursued the study or practice of the law; and such application must be accompanied with a certificate signed by two members of the bar certifying to the good character of the applicant.

RULE 23.

Improper, insulting or contemptuous language or conduct of attorneys to or concerning each other in court or to and concerning the court-or any member thereof, either in or out of court, will be considered and treated as a contempt of court.

RULE 24.

Docket and Call of Calendar.

The clerk shall keep a docket and enter thereon each case in the order in which the transcript is filed, and prepare calendars as provided in Rule 1. On the first day of the term the court will commence calling the cases for argument in the order they have been set on the calendar as hereinafter provided, and proceed from day to day during the term, until all the cases on the calender shall have been called; and if the parties, or either of them, shall be ready when the case is called, the same will be heard; and if neither party be ready to proceed in the argument, the case shall be continued for the term, except that upon good and satisfactory reasons therefor, appearing to the court, on motion the case may be postponed to a later day of the term for argument.

The clerk shall set in the order in which they appear on the docket, three cases each day, on the calendar, for argument, commencing with the first day of the term. Saturdays and holidays being excepted.

All motions must be in writing.

No stipulation to pass a case without continuing it for the term will be recognized as binding upon the court.

RULE 25.

If any judge, referee, or judicial officer before whom a cause has been heard or tried before the bill of exceptions in such cause is settled, dies, is removed from office, or becomes disqualified; or if any case has been heard or tried in part before one judge and in part before his successor in office, then it shall be the duty of the successor in office of any judge who has died, been removed from office or becomes disqualified, or whose term of office has expired, to settle and allow the bill of exceptions in such cause.

If any judge before whom a cause has been tried or heard is absent from the State or refuses to settle a bill of exceptions, or if no mode is provided by law for the settlement of the bill of exceptions in any case, then the bill of exceptions may be settled, allowed, and certified by the Chief Justice or any one of the justices of this court.

If the proposed bill of exceptions has not already been

served on the adverse party, the same shall be served and like proceedings shall thereupon be had as near as applicable as if the same were to be presented and allowed by a district judge.

RULE 26.

Assignments of Error-Exception Taken-Reference Made In Abstract Where Same Can Be Found.

The appellant shall assign errors in writing, subscribed by himself or his counsel, and shall serve a copy thereof on the respondent or his counsel, and file the original with the clerk of this court within five days from the time of the filing of the transcript of the record on appeal. If the respondent desires to assign cross errors, he shall do so in writing, and shall serve a copy thereof on the appellant or his counsel, and file the original with the clerk of this court within five days from the time of service of appellant's assignments. Such service may be personal or by mail. Each alleged error shall be separately stated. When the alleged error is upon the ground of the insufficiency of the evidence to sustain or justify the verdict or decision, the particulars wherein the evidence is so insufficient shall be specified. The said assignments, or so much thereof relied upon, shall be set forth in the printed abstract, together with reference to the pages in the transcript and abstract where the rulings and exception pertaining thereto appear.

The Following Rule Was Adopted by the Supreme Court on April 27, 1920:

RULE 27.

Original Cases-Style of Record.

In all cases, proceedings or matters, not otherwise provided for in these rules, the applicant, who shall be designated plaintiff, at the time of filing his application, or within ten days thereafter, shall serve one copy of a printed brief upon the adverse party and shall file ten copies thereof with the clerk of this court. In his printed brief he shall briefly and succinctly state the particulars in which he contends the evidence is insufficient to sustain the findings and in the same manner state the reasons why and in what respects the find