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1936 Rules of the Supreme Court

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1936 Rules of the Supreme Court Not Current - 1936 22 REVISED RULES of the Supreme Court of the United States Adopted .J une 5, 192!l. Effecti ye July 1, 1928. Amended June 1, 193] , May 31, 1932, June 4, 1934, June 3, 1935, March 2, 1936, and May 25, 1936. (The Acts of February 13, 1925, c 229, 43 Stat 936, January 31, 1928, c 14, 45 Stat 54, Apnl 26, 1928, c 440, 45 Stat 466, and March 8, 1934, c 49, 48 Stat 399, are prmted III an Appendix.) Not Current - 1936 INDEX TO RULES Rule Pal'. P age Abatement. Sec Death of party. Abrogation of prior rules ....... ... .. ................ 49 38 -- Acknowledgment of service. Sec Proof of Service. Adjournment of term ........ ...... ..... .. ........ ... 48 38 Admiralty, further proof in ..•. .. ... ... .. •. •..•.. 15 2 15 interest in ea!>cs J.D ......................... 30 4 25 objections to evidence-wben entertained . .... 16 15 record in, contents of........... .. .. ... •• 10 5 9 Admission to bar. fee for . .. ..... • . .. 32 6 26 motion for . .............. .. .... • 2 3 2 preliminaries to . ',' • . • . • • . • . • • • 2 2 2 qualifications for.... .. .. ........ 2 - I 1 Adv:1ncement. See Motions to Advance. Advanced eases,-subject to hearing with eases involving similar questions .... ............ .. ... .. ... ... .•. 20 7 19 Affirm. See .Motions to Affirm. Appeal, assignments of errors required on .... ...•..•. 9 7 bond on ...•..•.... .... •••.. •.... ..•• • •..•. 36 1&228&29 by whom allowed . ......... ... .. ... •. .... 36 1 28 citation on . •. .. ....... .. ....•... .• .. 10 1 7 in equity-manner of perfecting. • . • • • . 46 1 37 not allowed unless assignment ot enors accom· . panies petition . ..... .... .. ••• • . .. ...• 9 7 petition (or ... ..... ... .... ... ......... 46 2 37 statement of jurisdiction on.................... 12 I 10 s\!bstituted for writs of error-manner of apply. ing for and perfecting.. .. .. .. .. .. 46 2 37 supersedeas on . .. .. ••..• . .•...•.......... 36 2 29 when not precluded by death of party . •• . .. ' " 19 3 17 AppearanceJ no !l.ppearance of appellant or petitioner . 21 20 no appearance of appellee or respondent..... 22 20 no appearance of either party. ... ......... 23 20 of counse lJ entered upon docketing case...... 11 3 9 Argument. See Oral Argument, Briefs. Assignment of errors. ( See also Statement of Points.) contents of ....•.... .• . ..• .... 9 7 mm.t be included in record on appeal 10 2 7 required on appeal. ...... .... 9 7 when not filed counsel will not be heard--exception ........ ..... 21 4 23 Not Current - 1936 2 INDEX TO R ULEa. Rul. Pu. P.,. Attachment•• hall 111\10 for default 1D paymeut of cotta.. 13 S 14 Attorney., elerk ahall DOt praetiee .. attorney.......... 1 1 1 diabarment of ..• . ....... ••••..••..... • •.• . • 2 5 2 law clerke to JUlltieea DOt to praetiee u ... .. 3 3 may use boou in library .. .... ... .. .... , 1 3 motion tor admiNloJl of..................... 2 3 2 ouh of ..•.... • . .... .•. .••....... .•••.. 2 4 2 preliminariM to .dmie.ion of................ 2 2 2 quaJiAeatioDi tor admw.ioa of........... ... ! 1 1 eecretariea to J Ultieea DOt. to practlee u...... 3 S Attorney General, lovernment cue. may be adYaJ1eed 011 moUoD of •.•.• . ..••••......•.•••••••.•••••••••. 20 19 At.t.oroey. General of 8t&t~, to be aoned witb proe.. agaiaat .tate. ...... ......................... .. e 2 Billa ot Ezception, charge to jo.ry ...•••...••. • •.•• .. • 8 1 8 4 eYidenee . .• ••• . •••••••••• •• •••• ••• 8 2 6 Bonds, .uperaedeu boadJ, amoUDt of •....••.•... • . •• 36 2 29 for co.t. .....•......•... ..... .... .... ..... 30 1 28 Books. Bee Library. Brief., clerk to deposit copies of in law library ......... J3 5 IS t or re.pondent on petition for certiorari to Court of C1&ims, eontentl, number of copie., ete. .. .. 41 5 35 tor reapondeDt on petition for eertiorari to other couru, content.. , Dumber of copies, ete. .•..•.. 38 3 &3. 31 form of printing of, etc.....••..........••••.... 26 21 in support of petition for certiorari to Court of Claims ....... , . ....... ... ... .. ........ 41 4 34 in support of petition tor certiorari to otber eourta, contents, ete. .. ......................•..... 38 2 & 3 30 & 31 Dot received after argument or submission of uUJet--e:J:ception •..•.•.......•.... • . •..•.. 25 3&4 21 Dot to be filed unless aeeompanied by proof of serviee . ..................... ... ..... .... 0-_. 6 23 of appellant or petitioner, contents of, number of eopies ...•.......•.. .....•••... •.•..... 27 1&2 22 of appellee or respondent, contents, number ot copies •........•.......•......... .•.•.•.... 27 3 23 opposing motion to dismiss . '•... ..... , .... ... 7 3 4 submission of caueee on ....... .. .. ....... 25 1 21 38 4 31 waiver of right to file brief opposing certiorari • • t 41 5 35 Not Current - 1936 INDEX TO RULES. s Rnlc Par. Page Call ot docket (See a180 App earance~ Oral argument) .. 20 1 18 Certificate of elerk OT pTl'siding jllrlge of state court, re­ quired as prelWlinolry to admission of attorneys .... 2 2 2 Certifieate of counsel, must be attached to petition for rehearing ........ .. .......... .. .. ........... " 33 27 Certificate of Question!. Sec Certified questions. Certificate, required in support of motion to docket and rlismiss . ... .. , . .. .. .. .. .. ... ........... 11 1 9 Certified questions, from circuit eonrts of approls and United St,~ tes Court of .Appeals for the District of Col uulbia 37 1 29 contents of certificate. .... .... ... .. 37 1 29 court may order cntiro record 8cnt up . ... 37 2 29 pnrties may request that entire record be sent up 31 2 29 from Court ot Claims......................... 40 33 Certiorari as proc('eding to obtain review, judgments of state courts, circuit courts of ap­ peals and United States Court of Appeals for tho District of Columbin... ... ..... ... 38 1 30 belore judgment . ..... .............. 39 33 brief in support ot petition for .. .. ... ,. 38 ! 30 notice of filing of. .. ..... ..... ..... 38 3 31 petition for, contents of, service &e.. • . .. 38 2&330& 31 reasons for granting ..... ,........ ... .. 38 5 31 record to accompany petition for . .. 38 1&730&33 stay pending application for.... .. ..... 3S 6 39 when applied for within time. ... ... ... 3S 2 30 judgments of Court of Claims .. _. .. • . on 1 34 judgments of Court of' Customs and Pa.tent Appeals .. _......... .... , ... .. ... .. 42 35 judgments of Supreme Court of the Common· wealth of the Phllippinc!I .............. , . 42 35 Certiorari, form of order granting. ..... ..... ..... 43 36 rules relating to appeals may apply to........ 44 36 to eo rrect dim.inution of record......... ... 17 16 when not precluded 'by death of party. .. 19 3 17 writ ol-when issued..... ... .... ....... .. 4.3 36 Oerti.fied record, to be transmitted to Supreme Court, on appeal .. ...... ... ............ .. .. .. 10 2 7 on petition tor eertiorari. ... 38 1 30 Charge to jury-exeeptions to, when ineluded in bill of ell:ceptions . ........... .. .. ......... ... ......... 8 1 6 Circuit Courts of Appeals, appeals from ....• . ... ".. ........ .. ... ..... 46 1 & 2 37 eertiJied questions from . ... ....... , . ..... ... 37 1 29 eertiorari to . ... _. • . • • . • • • • • . .. 38 1 30 Not Current - 1936 INDEl: TO BULm. Rule Par. p ... atation, taned upon .UO'ffanee of appeal .•....•........ 10 I 7 Oil dath of party-wben .•••.••••••..• • .. ••. 19 8 11 .moe ot-wbeD ...•••.. .••.•........••.•.•.• 10 1 7 lipid bl jod,. or jaeUee aUowiDi appeal ..•... 36 1 28 whaa returnable . • ... •. ... ..••• . ..•..••. .•• .•. 10 I 7 a.rk of Supreme Court, I .. ot, bued Oil follo. ill ret.ord ...• . ..... • •.• ••. IS bot to permit removal ot original papen without order ..•.••..• .. ..... •. ...•.•.•••• •.. •....•• • I 1 not to practice al attorn.' ........ ... .. .. .. .. I I oftioe aDd reaidenee of ...•.. .•..... ...••... ...••• I I lhalJ prlat and reeord opinion •......•.... .• ••..... 29 24 thall print on1y parla of retord delignattd by putiu to appeal ......... .......•..•.... .. .... 13 ahaJ.l depoeit eopiel of printed records, et.e., ill law library ....... ..... .. ............ ... ....... 13 5 13 to ooUt duplieatioDJI, tte., in printed recortl •...... J3 9 l4 to refuao to reeeive improperly printed bril'lfl, ele .... 26 21 to report eaaet where tr&nllation! n~esaary .. .. ...• l4 15 too report failure to file stAtement as to jurisdiction . 12 12 to report lailure to make deposit for costs . ... ... 13 2 12 to diatribute petitions tor writs of certiora.ri to the eourt for consideration-when . .. .... 38 31 eaatl from Court ot Claims .. ...... 41 •5 35 to dUtribnte motions to dismiS!-when .. .... .. 1 3 to distribute statements aa to jurisdiction on appeal • -when .............................. ...... 12 5 12 to nperriae printing of reeords ...•.••.•......... 13 3&5 13 Clerks, Law Clerks to Justices not to pr:lctico Inw ••.... 3 3 Clerka of lower couru, to transmit certified record. to Supreme Court on appeaL . •.... ..... _........ 10 2 7 Commiaaion, to be usuad to take further proof .... .... 15 1&2 15 Oontolidation. Casel may be conaolidated fOT argument .. 20 8 19 CoDteDti of record on appeal ........... .. .• . ... • . .•.. 10 2 7 Continuance, caaes continued "ben neither party ready at tirat term ••. 4 • • • • • • •• • •••• • •••• ••• • • 20 I 18 easel 10 continued may be restorea-how .. 20 9 19 Colta, allowance of .... .. .. ............ .. ........... .. 32 1,2.3 25 amount of to be inserted in mandate . ... ....... 32 5 26 appellant to make deposit for upon docketing ease .. 13 1 12 attachment upon non-payment of ............. .. 13 8 14 may be
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