^ • ■ ■ : '*■■ ELDREDGE & ELDREDGE 5 Mick 2.9 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW GIFT OF Eldredge til uAU '=1/71/ Y/ fu^ /^'Ch:yun. Coori Tola. MICHIGAN RULE BOOK ANNOTATED AND UNITED STATES RULES ALL THE COURTS ALL THE COMMISSIONS ALL THE BOARDS BY FRANKLIN A. BEECHER AUTHOR OF THE MICHIGAN LAW OF WILLS, WRITTEN CONTRACTS, ETC. AND ANNOTATOR OF THE MICHIGAN CONSTITUTION 1913 DETROIT FRED S. DRAKE COPYRIGHT 1913 BY FRED S. DRAKE PUBLISHER'S NOTE The insistent and incessant demand for an up-to-date rule book induced me to undertake the publication of this book. In these demands many requests were made that it include all the rules of all the courts, boards and commissions, which a lawyer in this jurisdiction might need. Special attention is called to the fact that, not only all the general and special court rules of Michigan, with their amend- ments and additions, ar»e included, but also The Local Bank- ruptcy Rules, The Local Industrial Accident Board Rules adopted under The Employers' Liability and "Workmen's Compensation Act, The Local Railroad Commission Rules, as well as all the general and sp'ecial rules of the United States courts in forcei in this state. All the rules of the Michigan courts, that have been con- strued, are annotated by giving the points decided and their respective references, together with references to cases that have a general bearing on the subject as well as all citing cases. No others are given. ^ The index is complete under one alphabet, which is univer- sally considered a vast improvement over the separate indexes usually found in rule books. The difficulty in reaching a de- sired index among the many has often been the subject of criticism. With one alphabet you need but ori (400) UNITED STATES GENERAL EQUITY COURT RULES 267 (493al) UNITED STATES NEW GENERAL EQUITY COURT RULES 293 (494) UNITED STATES LOCAL ADMIRALTY COURT RULES 315 (527) UNITED STATES LOCAL CRIMINAL PROCEDURE COUiRT RULES 324 (538) UNITED STATES LOCAL MISCELLANTEOUS COURT RULES 328 (541) UNITED STATES GENERAL ADMIRALTY COURT RULES 331 (599) UNITED STATES COURT OF APPEALS COURT RULES 338 (636al) UNITED STATES INTERSTATE COMMERCE COM- MISSION RULES 362 (636bl) UNITED STATES COMMERCE COURT RULES 369 (636cl) UNITED STATES CUSTOMS APPEALS COURT RULES 373 (637) UNITED STATES SUPREME COURT RULES 377 PART THSEE — miCHIGAH' LOCAIi CIBCTJIT COX7BT KUliES (677) FIRST CIRCUIT, HIIvLSDALE COUNTY 39S (678) SECOND CIRCUIT, BERRIEN COUNTY 398 (679) THIRD CIRCUIT, WAYNE COUNTY 399 (680) FOURTH CIRCUIT. JACKSON COUNTY 402 (681) FIFTH CIRCUIT, B.ARRY AND EATON COUNTIES 403 (682) SIXTH CIRCUIT, LAPEER AND OAKLAND COUNTIES 403 (683) SEVENTH CIRCUIT, GENESEE COUNTY 404 8 TABLE OF CONTENTS. Sections Page (684) EIGHTH CIRCUIT, IONIA AND MONTCALM COUNTIES 406 (685) NINTH CIRCUIT, KALAMAZOO COUNTY 406 (686) TENTH CIRCUIT, SAGINAW COUNTY 407 (687) ELEVENTH CIRCUIT, ALGER, CHIPPE!W''A, LUCE, AND SCHOOLCRAFT COUNTIES 409 (688) TWELFTH CIRCUIT, BARAGA, HOUGHTON. AND KEWEENAW COUNTIES 410 (689) THIRTEENTH CIRCUIT, ANTRIM, CHARLEVOIX GRAND TRAVERSE AND LEELANAU COUNTIES ..410 (690) FOURTEENTH CIRCUIT, MUSKEGON AND OCEANA COUNTIES 410 (691) FIFTEENTH CERCUIT, BRANCH AND ST. JOSEPH COUNTIES 410 (692) SIXTEENTH CIRCUIT, MACOMB COUNTY 412 (693) SEVENTEENTH CIRCUIT, KENT COUNTY 412 (694) EIGHTEENTH CIRCUIT, BAY COUNTY 414 (695) NINETEENTH CIRCUIT, LAKE, MANISTEE, MASON AND OSCEOLA COUNTIES 415 (696) TWENTIETH CIRCUIT, ALLEGAN AND OTTAWA COUNTIES 416 (697) TWENTY-FIRST CIRCUIT, CLARE, ISABELLA AND MIDLAND COUNTIES 416 (698) TWENTY-SECOND CIRCUIT, WASHTENAW COUNTY 417 (699) TWENTY-THIRD CIRCUIT, ALCONA, IOSCO AND OSCODA COUNTIES 418 (700) TWENTY-FOURTH CIRCUIT, HURON, SANILAC AND TUSCOLA COUNTIES 418 (701) TWENTY-FIFTH CIRCUIT, DELTA, DICKINSON, IRON. MARQUETTE AND MENOMINEE COUNTIES 418 (702) TWENTY-SIXTH CIRCUIT, ALPENA, MONTMORENCY AND PRBSQUE ISLE COUNTIES 419 (703) TWENTY-SEVENTH CIRCUIT, MECOSTA AND NEWAYGO COUNTIES 419 (704) TWENTY-EIGHTH CIRCUIT, BENZIE, KALKASKA, MISSAUKEE AND WEXiFORD COUNTIES 420 (705) TWENTY-NINTH CIRCUIT, CLINTON AND GRATIOT COUNTIES 420 (706) THIRTIETH CIRCUIT, IN(3HAM COUNTY 422 (707) THIRTY-FIRST CIRCUIT, ST. CLAIR COUNTY 422 (708) THIRTY-SECOND CIRCUIT, GOGEBIC AND ONTON- AGON COUNTIES 423 (709) THIRTY-THIRD CIRCUIT, CHEBOYGAN, EMMET AND MACKINAC COUNTIES 423 (710) THIRTY-FOURTH CIRCUIT, ARENAC, CRAW^FOtRD, GLADWIN, OGEMAW, OTSEGO AND ROSCOMMON COUNTIES 425 (711) THIRTY-FIFTH CIRCUIT, LIVINGSTON AND SHIAWASSEE COUNTIES 425 (712) THIRTY-SIXTH CIRCUIT, CASS AND VAN BUREN COUNTIES 426 (713) THIRTY-SEVENTH CIRCUIT, CALHOUN COUNTY ... 427 (714) THIRTY-EIGHTH CIRCUIT, MONROE COUNTY 428 (715) THIRTY-NINTH CIRCUIT. LENAWEE COUNTY 428 INDEX 438 PART ONE MICHIGAN STATE RULES ANNOTATED All the Rules of Michigan Courts, Boards and Commissions The Law Relating to the Michigan Court Rules. The Michigan Supreme Court Rules. The Michigan Circuit Court Rules at Law. The Michigan Circuit Court Rules in Equity. The Michigan Probate Court Rules. The Michigan Railroad Commission Rules. The Michigan Industrial Accident Board Rules. The Law Relating to the Michigan Court Rules In General. Courts have inherent power to enact and promulgate rules of practice, and this power is organic in its nature in that it arises from necessity 1o afford remedies in accordance with due process of law. The creation of a court with power to hear and determine confers with it by implication the power to make and supervise rules of procedure. However, express power is generally conferred upon courts by constitutional provision and statutory enactments to establish court rules. Where the Supreme Court has received its authority by con- stitutional provision and statutory enactment to regulate the practice in Circuit Courts, the inherent power of such court to make rules regulating their own practice is restricted and they necessarily must conform their practice to the rules promulgated by the Supreme Court^ Definitions. Rules of courts are standing orders, made by a court for the purpose of prescribing its practice upon certain matters pertaining to the general routine of its business. They may be divided into general and special or local. General rules are those which apply to all courts of a kind, or apply to all cases com.ing within their province. Special rules are those adopted for a particular case or purpose. Local rules are made to meet special and local conditions. Their Ob.ject and Importance. The objects of rules of courts are to insure dispatch, uniformity and justice^. They should be enacted and en- forced especially when the general and statutory laws are in- adequate and defective, for the purpose of simplifying, ex- pediting and unifying matters of practice, and remedying 1. Detroit G. R. & W. R. Co. v Eaton which they occur according to the die- Circuit Judge. 128 Mich 495. tates of sound judicial discretion." 2. "These matters must, therefore, be Polhemus v. Ann Arbor Savings Bank, settled as they arise by the tribunal in 27 Mich. 48. 12 THE LAW OF COURT RULES. these defects. They are indispensable to routine business, and therefore attorneys are bound to know the rules of their own courts.^ Power to Establish Court Kules. Power is conferred on the Supreme Court by the con- stitution to establish general rules for the purpose of modify- ing and amending the practice in its court, and in all other courts of record. Article VII, Sec. 5 of the Constitution of 1909 reads as follows : The Supreme Court shall by general rules modify and amend the practice in such court and in all the courts of record, and simplify the same. Under this provision the Supreme Court has the power to modify and amend the practice in all courts of record as well as to simplify the same, but it is questioned whether under the constitutional provisions the Supreme Court can by rule modify a statutory enactment, although coming with- in the purview of this section.* Nevertheless the Supreme Court was authorized under the provision to make a rule permitting the issuance of alias and pluries writs, including writ of attachment, which rule in the absence of anything in the statute conflicting therewith, is to be given the force and effects of a statutory provision.^ Statutory Provisions. In view of the power conferred upon the Supreme Court by the Constitution, statutes® have been adopted, among them, the following: 3. Dearborn v. Dearborn, 15 Mass. 319. 4. Bryne v. Gypsum, Plaster and Stucco. Co., 141 Mich. 62. 5. Van Bernschoten v. Fales, 126 Mich. 196. 6. C. L. '97, (308) Sec. 9. The said circuit court shall have power, and it shall be the duty, respectively, to hear and determine all such matters as may be lawfully brought into said court; and the said court shall from time to time make rules for regulating the prac- tice of the said courts, and conducting the business thereof, until the supreme court shall prepare and transmit to said circuit court a code of rules to be adopted and used therein; and when such rules shall have been so prepared and transmitted, they shall govern the practice and proceedings in the circuit court, until altered by the supreme court, or bv their authority. C. L. '97 (445) Sec. 33. The supreme court shall have power, from time to time, by gen- eral rules of the court, to establish, alter, modify, or amend the practice of the circuit court in chancery, in its cases not provided for by statute; and said court shall, as often as it may deem it necessary, revise the rules of the said courts with a view to the at- tainment, as far as practicable, of the following improvements in the practice: 1. The abbreviating of bills, answers and other proceedings; 2. The expediting of the decision of causes; 3. The diminishing of costs; LIMITATION UPON RULES AND STATUTES. 13 C. L. '97, (196) Sec. 12. The judges of the Supreme Court shall have power, and it shall be their duty, within three months after this lav/ shall take effect, by general rules to establish, and from time to time thereafter to modify and amend, the practice in said court, and In the Circuit Courts at law and in equity, in the cases provided for by any statute; and they shall, once at least in every two years thereafter, if necessary, revise the said rules, with the viev/ to the attainment, so far as may be practic- able, of the following improvements in the practice: 1. The abolishing of distinctions between law and equity proceedings, so far as practicable; 2. The abolishing of all fictions and unnecessary process and proceedings; 3. The simplifying and abbreviating of the pleadings and proceedings; 4. The expediting of the decisions of causes; 5. The regulation of costs; 6. The remedying of such abuses and imperfections as may be found to exist in the practice; 7. The abolishing of all unnecessary forms and technicalities in pleading and practice; 8. To effectually prevent the defeat or abatement of any civil suit, ex contractu, for either any non-joinder or misjoinder of par- ties, where the same can be done consistently with justice ; 9. To provide for all necessary amendments of process, pleadings or other proceedings in such case; and, 10. To provide the manner by which a discontinuance may be entered against parties improperly joined in any suit, and by which parties improperly omitted may be joined in the suit and brought in to answer thereto, if within the jurisdiction of the court. This statute fully defines the subejct matter upon which the Supreme Court is empowered to make rules of court. Under the statute and the constitutional provision the Su- preme Court is authorized to adopt Circuit Court Rule No. 47 which provides that an order staying execution shall be ineffectual or inoperative unless a writ of error is issued with- in ten days after the settlement of a bill of exception.^ Limitation Upon Rules and Statutes. In some foreign jurisdiction it has been decided that courts cannot alter the general law of evidence^ nor super- 4. The removing of such abuses and from time to time, to make uniform imperfections as may be found to exist rules for regulating the proceedings in in the practice, in any class of suits all the probate courts of the state, and cognizable in chancery; and, to alter, amend or modify the same as 5. The abolishing of all unnecessary it may judge necessary, in all cases not forms and technicalities in the proceed- expressly provided for by law. ings and practice of said courts. ~ i^mond v. Scougale, 119 Mich. 501. C. L. '97, (6S5) Sec. 41. The supreme , court of this state shall have power, 8. Patterson v. Winn, 5 Pet. 274. 14 THE LAW OF COURT RULES sede a statute^ nor effect jurisdiction^", nor supersede a special rule" ; in other words, courts have not the authority to abridge a right secured by law. On the other hand courts may disregard statutes enacted by the legislature where the time required for service of process is entirely too long before answer. Statutes dispensing with pleadings, with right to appear and be heard, with notice of hearing, etc., should be nullified.^ Rules Must not Conflict with Statutes. Just as statutes must accord wdtli fundamental law, so must rules of court be in harmony with constitutional pro- visions and with common and statutory law. In a case in which the constitutionality of a rule was raised the court said: "Although we are entirely satisfied that there is no merit in defendant's contention that Circuit Court Rule 14 is invalid, as depriving litigants of their constitutional right to defend suits against them, as depriving them of their property without due process of law, we must decline to consider the question upon this record in view of defendant's response to the questions of the trial judge."" A statute cannot be set aside or overridden by a general rule adopted by judges of a particular court, concerning costs in appeal cases, nor deprive the trial judge by this rule of the right to allow such costs in his discretion" ; but in a case where a writ of capias ad respondendum follows the form prescribed by Circuit Court Rule No. 1, which commands the defendant, if he desires to defend, to have his appearance entered within fifteen days after service, instead of twenty days, as required by statute^^, it was decided that the writ was not invalid^*'. The court after citing a case^'' said : "This case holds that proceedings by capias are governed by statutes, and not by the rules of the court. A statute" pro- vides v/hat the form of the writ shall be, and contemplales it may be altered by rule of court. Circuit Rule No. 1 prescribes the form of the writ. The form there prescribed was followed in this case. The right to appear in the case is controlled by the pro- visions of the statute, and nothing was done in the case which has deprived the relator of that right. We do not think it follows that the writ is void because the time stated thereon for entering an appearance is shorter than the time fixed by statute." 9. Cates v. Mack, 6 Cali. 403. ciiit Judge, 108 Mich. 356. 10. The St. Lawrence, 66 U. S., 1 15. C. L. '97, § 10000. Black. 522, 17 L. Ed. 180. 16. Wright v. Wayne Circuit Judge, 11. Ravnald v. Brindle, 50 Pa. 54. HO Mich. ^179. 12. O'Connell v. Reed, 56 Fed. 530. 17. Reid, Murdock & Co. v. Benzie 13. Selling V. Berger, 161 Mich. 526. Circuit Judge, 115 Mich 418. 14. Voight Brewing Co. v. Wayne Cir- 18. C. L. '97, § 9790. OMISSIONS TO MAKE RULES. 15 Omission to Make Rules. The Circuit Court in some instances has concurrent power with the Supreme Court to make rules, for the Supreme Court has authority to make rules regulating the manner of per- fecting bail Iby Article VII, § 5 of the Constitution of 1909] and in the event of its failure to do so, the Circuit Court has such authority by C. L. '97, §3081^ In a case-'^ involving the omission of a rule in the perfecting of bail, Justice Car- penter said: "The statute clearly recognizes the right of the court to make rules regulating the manner of perfecting bail, and makes it the duty of the defendant to comply with such rules. This court has authority to make those rules, and in the event of its failure to act the circuit court has such authority." "The case must, however, be determined on the assumption that neither the Supreme Court nor the circuit court for the county of Kent ever exercised this authority. MTiat effect has this on relator's right? The omission of the court to adopt proper rules cannot deprive relator of his rights. Neither should that omission enlarge those rights to the prejudice of the plaintiff. 1 think there are two answers to the possible contention that such omission entitles relator to his discharge: "First. We are at liberty to assume that the circuit court for the county of Kent, having full authority in the premises, may not adopt such rules before the expiration of the time given by statute for the perfection of special bail. That time had not expired, and would not for several days expire, when the pro- ceedings were taken in the court below. If, before the expiration of that period, that court, by the adoption of general rules, should prescribe the manner of perfecting the special bail, it would be relator's duty to comply therewith. "Second. "UTien it appeared on the hearing in the lower court that plaintiff objected to and proposed to except to the sureties as insufficient, and that they had once been rejected by the sheriff (v/hich of itself has been held to be sufficient objection, see 1 Burrill's Practice, p. 367), that court thereupon notified relator, in effect, that he could not perfect his bail until it approved the sufficiency of the sureties. This action at once prescribed and announced to plaintiff the manner in which he must perfect his bail. The manner was obviously proper (see 1 Tidd's Prac. 259-278; 1 Burrill's Prac. 366, 367), and the notice, as w-e have just seen, was timely. Relator obtained in this manner all the by declaration, because the statute has f'x-ed that period. Wyandotte Rolling Mills Co. V. Robinson. 34 Mich 428. See Kegel v. Schrenkheisen. 37 Mich. 194, where it was decided that under H. S. § 6649 rules adopted by the superior court were inoperative until approved by the supreme court. 20. Ludwick V. Kent Circuit Judge, 138 Mich. 110. 19. Ludwick V. Kent Circuit Judge, 138 Mich. 110; Wyandotte Rolling Mills Co. V. Robinson 34 Mich. 42S. A specital rule shortening the time limited for making defaults absolute to two days in term is within the pow- er of the circuit court, Howard v. Tomlinson, 27 Mich. 169. But inferior courts have no power to make a rule shortening the period within which to plead after service in suits beginning 16 THE LAW OF COURT RULES. right to which he was entitled and all the rights which he would have obtained by a proper general rule. I do not think he can complain because the court has not expressly stated — as it would had it put its direction in the form of a general rule — that the same just practice will be applied in future cases." But where the Supreme Court has not provided a rule for dicontinuanee of appeals, the circuit court has no authority under C. L. '97, § 926 relating to appeals to adopt such a rule, for while there are necessarily minor matters of every day practice which are within the discretion of the circuit judges, and which may, perhaps, be regulated by local rule. This is one of the instances which does not come within their authority^^ Construction and Effects, Construction of Court rules should be liberal for the pur- pose of furthering the ends of justice, but they should be strictly enforced for the purpose of doing justice^l No ex- ception should be made, which would affect the certainty and uniformity, to a plain, written or express rule^^. Where a rule has been re-enacted, the same construction is adopted as when first enacted^*. In the event of a general disregard of a particular rule by way of consent, acquiescence in a particular case will not prevent the adverse party from insisting upon his right under the rule^^ 21. Detroit, etc., R. Co. v. Circuit Judge, 128 Mich. 495; in Wilkes v. Gimbert, 27 Mich. 91, "a case which arose in the same circuit under a similar rule, — the court said: "The stat- ute, however, only gives authority to do this where there is a delay to prosecute within such time as shall be prescribed by the general rules of the court. * * And as both parties have equal rights to notice the case for trial, and equal and the same means for expedit- ing the proceeds, no very obvious rea- son exists for giving the circuit court a general authority to dismiss at dis- cretion, and we do not think such authority has been confirmed." 22. Bertram v. McNaughton, 1 Mich. N. P. 200. 23. Alexander v. Alexander, 5 Pa. 2'79. 24. Preston National Bank v. Wayne Circuit Judge, 137 Mich. 152. 25. Hill V. Weber, 50 Mich. 143. Michigan Supreme Court Rules (1) Rule 1. Clerk. The clerk of this court shall reside and keep the oflSce at the city of Lansing, and he shall not practice either as attorney or counselor in this court or in any other court while he shall continue to be clerk of this court. He shall indorse on every paper the day on which the same is filed, and shall not permit any orig- inal record or paper to be taken from the court room or from the office without an order from the court, or by the permission of one of the justices thereof; but parties interested in any such may inspect the same in his office and take copies thereof. In General. Public Acts, 1909, Act No. 250 states: Section 1. The Supreme Court may appoint a clerk of said court who shall hold his office during the pleasure of said court. Such clerk shall take the constitutional oath of office and shall perform such duties as may be required by law or by the court. It shall be the duty of the clerk to col- lect all fees of his office pro- vided for either by statute or the rules of court, and pay the same monthly into the State treasury, taking the treasurer's receipt therefor, which receipt the clerk shall file in his office. The bond required by law to be given by said clerk, when ap- proved, shall be filed in the office of the iSecretary of State and the cost thereof shall be i;aid by the Board of State Au- ditors. Said clerk shall be an attorney duly admitted to prac- tice before the bar of said court. Section 2. The clerk of the Supreme Court shall receive a salary of five thousand dollars per annum and his actual and necessary expenses for clerk hire, to be fixed by the court. He may also appoint a deputy with the approval of the court who shall receive such salary as the court may fix. Said dep- uty shall be an attorney duly admitted to practice before the liar of said court. The compen- sation of such clerk, together with the other expenses of the office as herein provided, shall be paid monthly out of the gen- eral fund in the State treasury on vouchers to be approved by a justice of the court. (2) MICHIGAN SUPREME COURT RULES. 18 (2) Rule 2. Clerk's Fees. The clerk shall be entitled to six dollars upon en- tering any case in the supreme court, which amount shall be in full for all fees in such case. Provided, that an additional sum of two dollars shall be paid to the clerk upon the entry of any motion upon the motion docket except in cases of mandamus, where the motion fee shall be four dollars. The foregoing fees may be taxed by the prevailing party where costs are allowed by order of the court. The clerk shall also be allowed the sum of fifteen cents per folio for certified copies of any entries or papers in any suit or proceeding when required for any other purpose than for one connected with the progress or disposition of such suit or proceeding. The clerk's fees for all proceedings relative to the admission of any person to the bar, including the proper certificate, shall be the sum of two dollars. (3) Rule 3. Parties — How Named. Hereafter, in all cases brought to this court for the purpose of reviewing or revising the judgment, order, decree or action of any other court, tribunal or officer, the relative position of the parties and their designa- tion as plaintiffs, petitioners, defendants or respond- ents, shall be the same in this court as in the court or before the tribunal or officer whose action is in ques- tion; but they may further be designated as appellants and appellees. (4) Rule 4. Writs of Error and Certiorari — Test. Writs of error and certiorari shall be tested of the day when issued, and shall be made returnable at the office of the clerk of this Court on a day certain, either in vacation or in term, not less than ten days nor more than forty days from the issuance thereof. Provided, That in certiorari cases a shorter time may be fixed by the order of the Court. 19 WRITS OF ERROR. (8) (5) Rule 5. Writs of Error and Certiorari — ^Notice of Issuance. The appellant shall cause notice of the issuance and the date and return day of the writ to be served on the adverse party or his attorney in the court be- low within ten days after the issuance thereof; and an affidavit of such service shall be filed in the clerk's office on or before the return day thereof. In General. tice of the issuance, the date r>i.^A ir, TTiirv,o^ ,, aor,/i^ii ^ud thc Teturii day of the writ, Cited in Ullman v. aanaell, , , .. ,„^„ „^,. <.J\,„„, +v,„t *u^ ICO nir^^y, oQo rpu^ „^„-* c^iA. hut it does not follow that the .?TnHnnM.Hil th^ trS^^w w^= Writ must be dismissed for want Undoubtedly the appellee was ^ . ^. „ entitled, under this rule, to no- (6) Rule 6. Writs of Error and Certiorari — Return. The appellant shall cause the writ of error or cer- tiorari with the return containing a transcript of the record or proceedings in the court below to be filed in the clerk's office on or before the return day mentioned in such writ. (7) Rule 7. Writs of Error and Certiorari — Motion to Dismiss. The time for returning a writ of error or certiorari may be extended by one of the justices of the supreme court or a circuit judge for good cause shown, and the order granting such extension shall be returned with the other papers to the clerk of this court, and the time fixed by such order for the return shall be treated in all respects as if it had been the original return day. Such extension shall be had only upon proper notice to the adverse party. (8) Rule 8. Writs of Error and Certiorari May be Dismissed — ^When. If the appellant fails to have the writ of error or certiorari returned on or before the return day there- of, or to assign error and serve copies of such assign- (9) MICHIGAN SUPREME COURT RULES. 20 ments within the time allowed for that purpose (or in cases of appeals in chancery, shall fail to file the rec- ord and proceedings in the court below within forty days after the filing and approval of the appeal bond), the appellee may move the court to have the writ of error or certiorari dismissed for want of prosecution, or the appeal entered and dismissed for want of pros- ecution, as the case may be. (9) Rule 9. Motion to Dismiss a Writ of Error. When a motion is made to dismiss a writ of error or certiorari or to enter and dismiss an appeal for want of prosecution, the court may grant or deny the same on such terms and conditions as the justice of the case may require. In General. "This rule provides that where a motion is made to dis- miss a writ of certiorari, the court may ^ant or deny the same on such terms and condi- tions as the justice of the case may require. It has been the contention of the appellee that the mandam ns proceedings should he reviewed by certio- rari. If the return to the writ is not sufficient a proper return may be had, but now that the case is here with printed rec- ords and briefs, we do not think the writ should be dismissed, in the interest of justice." Ull- man v. Sandell, 158 Mich. 396. Cited in In re Thorington's Estate, 157 iMich. 514. (10) Rule 10. Writ of Error of Joint Parties Pro- ceeding Severally. In cases where the writ of error shall be brought by one or more of several parties, such party shall, at least fifteen days before filing his praecipe for writ of error, serve upon the other parties against whom the judgment has been entered a notice of his intention to apply for a writ of error ; the parties upon whom such notice is served shall, within ten days thereafter, serve notice on such party of their intention to join in such writ of error, or, in default thereof on filing of prae- cipe for the writ of error and proof of service of such notice, a rule may be filed granting such parties leave to prosecute such writ of error severally. 21 CERTIORARI. (12; (11) Rule 11. Assignments of Error in Cases Where no Bill of Exceptions is Settled. The party suing out a writ of error shall have ten days after the return day mentioned therein within which to assign error in cases where no bill of excep- tions is settled. Every assignment or error on such writ shall be special, and no judgment or proceedings shall be reversed or annulled for any other defect or error than such as shall be thus specially assigned. Copies of assignments of error and of all pleadings which may be filed in the supreme court shall be served within the time limited for filing the same. Provided, that it shall not be necessary to file, serve or give notice of assignments of errors already pro- vided for by Circuit Court Eule 47. compliance with this rule. O'Neil V. Newman, 132 Mich. 490. Assignments are too general Vo be considered where they state that the court erred in di- recting a verdict for plaintiff and in not directing a verdict for defendant. Bridge and Iron Co. V. Insurance Co., 122 Mich. 433. Cited in; In re McMaster's Estate, 163 Mich, 215; Rodger's Shoe Co. V. Coon, 157 Mich. 548. In General. The fact that the steps neces- sary to settling a bill of excep- tion had not been complied with is no ground for dismissal of the writ of error when errors are assigned under this rule. King V. Harrigan, 142 Mich. 478. It is manifest that an assign- ment which reads, "The court erred in admitting improper evi- dence to go to the jury on the part of the plaintiff" is not in (12) Rule 12. Certiorari to Review Mandamus Pro- ceedings in Lower Courts. When in any case any circuit court shall allow or deny a writ of mandamus, the party feeling himself aggrieved by such decision may make application to one of the justices of this court for the allowance of a writ of certiorari, and, if the same- shall be allowed, the cause when returned into this court may be noticed for hearing as a motion by either party on any motion day thereafter unless otherwise ordered. In General. Mandamus proceedings are civil actions within the meaning of Act No. 309, Public Acts of (13) MICHIGAN SUPREME COURT RULES. 22 1905. Woodworth v. Old Second National Bank, 144 Mich. 340. The mandamus sought for in the circuit court was denied upon a hearing, and to review the order of that court certio- rari should have been asked for under this rule. Graham v. Wayne Circuit Judge, 143 Mich. 362. In Lewis v. Detroit Board of Education, 139 Mich. 309, Jus- tice Carpenter was quoted as follows: "After the decision of McBride v. Common Council of Grand Rapids, 32 iMyich. 364, the Constitution was so amended as to confer authority upon the Supreme Court to prescribe by rule the general jurisdiction of the circuit courts on the writ. Pursuant to the amendment re- ferred to, a rule was adopted which now stands as Circuit Court Rule No. 46 (134 Mich). The above rule provides for a review of the proceedings in the Supreme Court by writ of certiorari." Under these rules and the statutes relating to mandamus proceedings, the prac- tice has grown up as follows, i.e., to say: "Our practice in these proceedings was designed to be simple and expeditious. The only pleadings contem- plated are relator's petition and respondents answer or return. If relator desires to controvert the facts stated in the answer, issues may be framed under the direction of the trial court. While for the purpose of fram- ing these issues, the trial court may permit relator to file a re- plication (see Wagner v. Glad- win Circuit Judge, 131 Mich. 129), the more common and ex- peditious practice is to dispense with the replication altogether and to state such issues in the form of questions on the com- ing in of the answer. (See Just v. Township of Wise, 47 Mich, "ill.) If no issues are framed \.u.e proceeding is disposed of on tne issue raised by the petition and answer. In determining the issue, it is assumed that all averments of fact in the answer (see Loomis v. Rogers i. own- ship Board, 53 Mich. 135), and 'all material allegations of the petition * * not specifically answered by the respondent' are 'true as alleged.' See Circuit Court Rule, No. 46, Subdivision (c)." Under this rule the practice is prescribed on appeal, which in terms covers only cases where the writ is allowed or denied. If it be competent to demur to a petition for mandamus, the cause is not reviewable, upon certiorari, until a final order is made. Lauzen v. Board of Su- pervisors of Chippewa County, 129 Mich. 269. Cited in Wolfe v. Slack, 153 Mich. 447. (13) Rule 13. Proceedings in Mandamus Cases in This Court. In proceedings for mandamus, where an order to show cause has been made, the respondent must an- swer fnlly every material allegation of the petition; and every material averment not so answered may be taken admitted by the respondent to be true as alleged. And in case no answer is made and filed as required 23 APPEALS IN CHANCERY. (15) by such order, the court, upon due proof of service of the order, will award a peremptory mandamus as prayed for, or enforce obedience to the order by pro- cess for contempt. In General. Where the circuit judge in mandamus proceedings to com- pel him to vacate an order quashing a writ of capias ad re- spondendum did not limit his decision of the motion to quash on the ground mentioned, and the return does not deny the allegation that he did so, under this rule the statement, con- tained in the petition, must be treated as admitted. Clark v. Kent Circuit Judge, 125 Mich. 449. See Grand Rapids v. Judge Superior Court, 102 Mich. 322. Cited in Blain v. Chippewa Circuit Judge, 145 Mich. 69. (14) Rule 14. of. Appeals in Chancery — Notice There- in chancery appeals the appellant shall, within twenty days after perfecting his appeal, give notice of such appeal and of the time when the appeal bond was filed, which notice shall be served on all of the other parties, whether joint or adverse, who have ap- peared in such cause, by serving a copy of such notice on such parties or their solicitors in the court below, and copy of such notice with proof of service thereon shall be filed in the clerk's office within ten days after such service. (15) Rule 15. Appeals in Chancery — Return. In all cases of appeal in chancery the register shall transmit the record and proceedings in the court be- low to the clerk of the supreme court within forty days after the filing of the appeal bond in such case. In General. The court said: "Without de- termining the power of this court to modify a statutory enactment as to practice com- ing within the purview of the constitutional provision, pro- viding that 'the Supreme Court shall by general rules establish, modify and amend the practice in such court and in the circuit courts and simplify the same,' we hold that the time for filing the record referred to in Rule 34 for the purpose of giving no- tice is 'forty days after the fil- ing of the appeal bond' as pro- vided by this rule." Byrne v. Gypsom Plaster & Stucco Co., 141 Mich. 62; Torrent v. Boom- ing Co., 21 Mich. 1; Stockton v. Garland, 14 Mich. 333. (16) MICHIGAN SUPREME COURT RULES. 24 (16) Rule 16. Appeals in Chancery — Extension of Time for Return. The time for returning the record in an appeal case may be extended by one of the justices of the supreme court or a circuit judge for good cause shown, and the order granting such extension shall be returned, mth the other papers, to the clerk of this court. Such extension shall be had only upon proper notice to the adverse party. (17) Rule 17. Cases Made— Notice of Filing. Cases made shall be filed \s^th the clerk of this court, and the party removing the case to this court shall cause notice of such filing to be given to the ad- verse party or his attorney in the court below within ten days after such filing, and shall file proof of such service with the clerk of this court. (18) Rule 18. Quo Warranto— Rule to Plead. At the time of filing an information in the nature of a quo ivarranto, the attorney-general shall file with the clerk of this court a rule requiring the respondent to plead to such information within twenty days after service upon him of the summons, and a copy of such information, together with a copy of such rule. (19) Rule 19. Quo Warranto— Plea. The respondent shall plead to such information within twenty days after service upon him of such summons and a copy of such information, together with a copy of such rule, and in default thereof judg- ment by default may be entered. (20) Rule 20. Quo Warranto — Replication. Within fifteen days after filing and sei*ving such plea replication shall be filed thereto, when such cause 25 SERVICE OF PAPERS. (23) shall be deemed to be at issue. Provided, that the Court may, on application of either party, permit fur- ther pleadings to be filed and grant a reasonable time therefor. (21) Rule 21. Service of Papers — Computation of Time. All notices shall be in writing and shall be served on the attorney or solicitor in the cause. Where a party, who is also an attorney of this court, shall prosecute in person, or if the defendant shall give notice that he is an attorney and will defend in per- son, all notices and other papers shall be served on him in like manner. And where the object is to bring a party into contempt for disobeying any rule or order of the court, the service shall be on such party per- sonally unless otherwise ordered by the court. (22) Rule 22. Service of Papers— How. Notices and papers may be served on an attorney or solicitor as follows: (a) By delivering the same to him personally, (b) By lea\ang the same in his office with his clerk or with a person having charge thereof, (c) When no person is to be found in his office, by leaving the same between the hours of six in the morn- ing and nine in the evening in some suitable and con- spicuous place in such office, (d) If the office be not open so as to admit of service therein, then by leaving the same at the residence of the attornev or solicitor with some person of suitable age and discretion, (e) By depositing the same in a postoffice inclosed in a sealed envelope plainly addressed to such attorney or solicitor at his place of business (according to the best possible information and belief of the person making the service), with postage thereon fully prepaid. (23) Rule 23. Service of Papers— By Mail. Such service by mail shall be lawful where the at- (24) MICHIGAN SUPREME COURT RULES. 26 torney or solicitor resides in the same city, village or township, as well as where he resides in a different city, village or township. In case of service by mail, the time of service shall be increased one day for every one hundred miles distance, or fraction thereof, between the place of deposit and the place of address. (24) Rule 24. Service of Papers— By Other Than Attorney. Where a party other than an attorney of this court prosecutes or defends in person, the service of notices and papers shall be made in the same manner as pro- vided in this rule ; and no service of papers in the or- dinary proceedings in a case shall be necessary to be made on a defendant who has not appeared therein. ^25) Rule 25. Service of Papers — Exclude Day of Filing. The day on which any rule shall be filed, or order, notice, pleading or paper served, shall be excluded in the computation of time for complying with the ex- igency of such rule, order or notice, pleading or paper, and the day on which a compliance therewith is re- quired shall be included, except where it shall fall on Sunday, in which case the party shall have the next day to comply therewith. When, by the terms of any order, an act is directed to be performed instanter, it shall be done within twenty-four hours. (26) Rule 26. Court May Direct Manner of Service —When. In all cases where service of papers cannot reason- ably be made on account of the lack of an attorney of record, or the inability to find a party, or on account of the absence of the attorney of record from his usual place of abode, residence or office, or for any other reason, this court or one of the justices thereof, upon an ex parte application, on cause shown, may direct in what manner and on whom service may be made. 27 MOTIONS. (30) (27) Rule 27. Motions— Practice Relating To. All motions and affidavits in support thereof shall be typewritten or printed and filed with the clerks Such motions shall contain a brief statement of the grounds and objects of the same. All papers filed by either party on motions shall contain proof of service of same on opposing counsel. No oral arguments shall be had on motions unless by special permission of the Court first obtained. When oral arguments are permitted they shall be limited to fifteen minutes on each side, unless further time is granted by the Court before the argument begins. (28) Rule 28. Motions — Service of Notice. Notice of the arguments of motions, together with copies thereof, and the affidavits on which they are based, shall be served on the opposite attorney at least four days before the time noticed for hearing the same, unless the attorney for the adverse party re- sides outside the city of Lansing, in which case the time of service shall be increased one day for every additional one hundred miles, or fraction thereof, dis- tance between his place of residence and the city of Lansing. (29) Rule 29. Motions— Days. The motion day shall be Tuesday of each week, on which days motions shall have preference over calen- dar causes, and all special motions shall be noticed for one of these days. They shall be heard on the day for which they are noticed, unless adjourned over to a subsequent motion day, or unless there is not time to hear the same on the day for which they are noticed, in which case they shall be heard on the next suc- ceeding day. (30) Rule 30. Motions— Briefs. In addition to oral arguments, each party shall (31) MICHIGAN SUPREME COURT RULES. 28 submit a printed or type-written brief at the time such argument is made. (31) Rule 31. Motions— Docket. The clerk shall keep a motion docket and shall en- ter the motions filed under this rule on said docket in the order in which they are delivered to him, and will, on the opening of the court on motion days, present such docket to the court. Motions will be called for argument in their order, and no motions will be en- tertained unless brought forward as provided by these rules. In General. Mich. 227; O'Flynn v. Eagle, 7 See Spencer v. Smith, 43 Mich. 306. (32) Rule 32.— Time May be Shortened or Extended. The time limited by these rules for making motions or applications or giving any notice or taking any ac- tion may be shortened or extended in any case by the court or any justice thereof, unless such time is lim- ited by statute. (33) Rule 33. Agreements Between Counsel. No private agreement or consent between the parties or their attorneys in respect to the proceedings in a cause shall be binding unless evidence thereof shall be in writing, subscribed by the party or his at- torney against whom the same shall be alleged, and filed in the office of the clerk. (34) Rule 34. Notice of Argument of Cause— When Given. After the record of an appeal case has been filed, and the time for filing the same has elapsed, and after the filing of a case made or the return to a writ of error, or issue joined in cases requiring a formal issue, either party may notice the cause for hearing. Said 29 PRINTED RECORD. (36) notice shall be given at least thirty days before the first day of the term at which the argument is desired. (35) Rule 35. Printed Record— Form and Contents. ^^^ ^59 The party removing a cause into the Supreme Court by writ of error, appeal, certiorari, case made, or otherwise, shall prepare a printed record for the use of court and counsel, which shall contain all the testimony and so much of the pleadings, record and proceedings (and no more) as are necessary to present the question raised. The date of the official filing of each pleading set out or referred to in the record shall be stated. All records, arguments, and briefs printed for the use of this court shall be in small pica type, twenty-four pica "ems" to a line, thirty-five lines to a page, leaded with four-to-pica leads. The record shall have a suitable cover con- taining the title of the court and cause, the court from which the case is brought into this court, and the name of the judge before whom the cause was heard; the size of the records and briefs to be nine and one-quar- ter by six and one-quarter inches. The clerk is di- rected not to receive any record failing to meet the re- quirements of this rule. In General. Simons, 160 Mich. 547; Frolich V. Blackstock, 155 Mich. 605: Cited in; fn re Sullivan's Es- Foundry Co. v. Iron Molders' tate, 165 Mich. 588; Bedard v. Union, 149 Mich. 32. (36) Rule 36. Printed Record — Index Contents. The record shall contain a complete index of the names of witnesses whose testimony appears in such record, and the pages whereon the examination, cross- examination, or re-examination is found; also the pages whereon any exhibit appears, and in brief form the substance of such exhibit ; and in cases at law, the pages of the record where any exception relied on may be found. Such index shall be printed in the front of nae 304 (37) MICHIGAN SUPREME COURT RULES. 30 the record. The clerk is directed not to receive any record failing to meet the requirements of this rule. in General. In this case the index to the tj'pe written record did not com- ply with this rule in stating "the page of the record where any exception relied on may be found." People v. Sartin, 168 Mich. 322. L\ssignments will not be con- sidered by this court where some of them discussed in the brief are not based upon excep- tions, and where as to several others there is no reference in the index or the assignments of error, to the page of the record by this rule. Duff v. Judson, 160 )MJich. 3S6. Cited in Barnard v. McLeod, 114 Mich. 75. (37) Rule 37. ments. Printed Record — Frivolous Assiorn- Whenever any record in a case at law brought up on writ of error or case made is so prolix as to cause vexation by reason of the multiplicity of frivolous as- signments, or by any other abuse, it shall be within the discretion of the court to grant such costs against the prevailing party who is responsible for such abuse as may offset in whole or in part the costs to which he would otherwise be entitled. (38) Rule 38. Printed FUed— When. Record — Printed, Served, In all cases the appellant shall cause the record to be printed as soon as practicable after the filing of the return in this court ; and as soon as the printing is completed, the appellant shall serve on the appellee at least two copies of the printed record, and, before the first day of the term at which the cause shall be noticed for argument, the appellant shall file with the clerk of this court at least eighteen printed copies thereof. In any case the appellant shall cause the printed record to be served upon the appellee within thirty days after the filing of the return in this court, and within the time allowed by rule for the service of the first brief, unless further time therefor shall be granted. Provided, that this shall not be construed 31 PRINTED BRIEFS. (40) to give to the appellant thirty days in every case, hut only so much time as is reasonably necessary after the filing of the return in this court. If the appellant shall fail to print and serve the record within the time above required, or within such further time as shall be granted on motion, the court may, on motion of the appellee, dismiss the case and award costs to the appellee, or further time may be granted for compliance with said requirements, on such terms as shall be proper. If the appellant shall fail to have the printed record filed before the first day of the term for which the cause is regularly noticed for argument, the cause shall be stricken from the calen- dar on the first day of the term, and further dealt with as justice may require. In General. This court has not made rules regulating proceedings under this statute, C. L. '97, §§ 1082:] —10826, as by C. L. '97, § 10830 it is empowered to do. The provisions of this rule cannot be applied, because either party to such appeal may, after the appeal, take additional testi- mony, and the hearing in this court is de novo "upon such transcript and disposition" as shall be returned from the court below, "and further testimony taken," etc. Detroit Lumber Co. V. Auxiliary Yacht "Petrel," 156 Mich. 565. (39) Rule 39. Printed Record — Service of Copies in State and Criminal Cases. Six copies of the printed records and briefs in all State or criminal cases shall be served on the At- torney General at least twenty days before the first day of the term at which such case is to be heard, and a like number of records and briefs in all other cases in which the State is a party or interested shall be served upon the Attorney General within the time now fixed bv rule. In General. See People v. .Tamieson, 124 Mich. 164; Davidson v. Bennett, 84 Mich. bi6; Dikeman v. Ar- nold, 83 Mich. 222; Mawick v. Elsey, 47 Mich. 10; University of Michigan v. Rose, 45 Mich, 2S6; Spencer v. Smith, 43 Mich. 227. (40) Rule 40. Printed Briefs— Contents. The brief of a party bringing a cause into this f^e ii§ 5-^Q (40) MICHIGAN SUPREME COURT RULES. 32 court shall contain a clear and concise statement of the facts of the case, distinct from argument, and of the errors upon which he relies, the questions involved, and the manner in which they are raised. The court will consider such statement sufficient and accurate un- less the opposite party shall point out in his brief wherein the statement is insufficient or inaccurate. In General. Where the general assignment is sufficient, it was waived by reason af failure of counsel to refer to it in the brief. Nissly V. Detroit, Jackson and Chicago R. Co., 168 Miich. 682. This rule provides that "the brief of a party bringing a cause to this court shall contain a clear and concise statement of facts distinct from the argu- ment, etc., a Circuit Court Rule 47 (e) provides a detailed as- signment of all the alleged er- rors upon which the appellant proposes to rely "shall accom- pany a bill of exceptions." In construing these rules in Carby V. Combs, 166 Mich. 349, the court said: "Thirty errors are assigned in this case of which the following is a sample of all except two: "(1) The court erred in over- ruling the objections of defend- ant's counsel and numbered (1) in the margin of the record: No inkling is given of the na- ture of the objection or the page upon which it is to be found. The 145 pages of the record must be examined to locate the margin unon which '(1)' ap- pears. The appellant's state- ment of facta covers six pages, of which all but one are devoted to disconnected excerpts from the testimony, and the brief of the appellees is subject to the same criticism, and does uot comply with the rule, In point- ing out wherein the first state- ment is insufficient or inaccu- rate." The statement of facts by ap- pellant in a brief is considered sufficient and accurate, the ap- pellee not having pointed out anything to the contrary, as provided by this rule. Chase v. Michigan United R. Co., 165 Mich. 493. In this case compliance with this rule would have been of especial benefit to the court, but the failure to comply with the rule lies in the fact that the questions presented and the errors relied upon are, for the most part, discoverable only in the course of reading a general discussion, v/hich often precedes any reference whatever to the error alleged. Rutte v. Foss, 161 Mich. 149. .Noncompliance with this rule and failure to discuss in the brief questions raised by the various assignments will caus« this court to disregard them. People V. Jefferson, 161 Mich. 623. Under this rule the errors on which the party relies should be clearly statedl. Hunter v. 1 own- ship of Dwight, 157 Mich. 635; Hiaden v. Closser, 153 Mich. 182; Bberts V. Railway, 151 Mich. 204; Monger v. New Era Ass'n, 145 Mich. 684; Peonle v. Peck, 139 Mich. 680; People v. Cole, 139 Mich. 317; Jones v. Cody, 132 Mich. 14, 62 L,. R. A. 160; Carmer v. Hubbard, 123 Mich. 336. 48 1j. R. a. 583; Ferguson V. Wilson, 122 Mich. 98. 33 PRINTED BRIEFS, (40) "Wihere the aefendants point out no error in the statement of facts, but have made an en- tirely distinct statement in utter disregard( of this rule, the court will adopt the statement as made in plaintiff's brief and consider only the question raised thereby. Haben v. Clos- Ber, 153 Mich. 183. Where defendant's brief in a criminal case does not contain a clear and concise statement of the facts of the case, distinct from argument, and of the er- rors upon which he relies, the court is warranted in relying upon the statement in the brief for the people. People v. Boyd, 151 Mich. 578. In a case where it was stated in appellant's brief that in any event the trial court erred in not submitting to the jury the question of plaintiff being car- ried gratuitously and the error was not argued, nor was the ground stated upon which it was basea, a reversal will not be effected on these grounds, for the reason that it was ap- pellant's duty to state in his brief the "questions involved," and "to point out at least in what it is claimed the error consists." Eberts v. Detroit, etc., Railway, 151 Mich. 264. The brief contains no refer- ence to the exceptions upon which the errors therein men- tioned are fournded nor to the pages where they may be found, nor does the index to the rec- ord or the assignments of error afford this information which all fails to comply with this rule. Bickle v. Jameson, 146 Mioh. 484. The court said: "A state- ment in appellee's brief is not a comipliance with the spirit of this nile, though perhaps it is with the letter, if the alleged inaccuracies are pointed out anywhere in his brief. It is a convenience to the court to have them presented at the be- ginning of appellee's brief, and that practice should be followed. Mionger V. New Era Association, 145 Mich. 685. It is manifest that under this rule an entirely independent statement of facts, from the point of view of counsel for ap- pellee, caimot be made. Shin- glemeyer v. "Wright^ 124 Mich. 238. Under this rule assignments of error — not part of the assign- ment — even though the appel- lant states in his brief that he waives none of the assignments of error, will be treated as abandoned. 'Carmer v. Hub- bartl, 123 Mich. 333. The court said: "This rule was adopted to save the time of the court in going through voluminous records to ascertain the questions involved and the errors relied upon by putting the burden upon counsel for ap- pellant. It is observed that many of the attorneys do not live up to this rule in full, as they very frequently mix up the facts with arguments and their conclusions drawn from the facts. No attempt has been made by appellant in this case to follow this rule. While v.e shall examine the case and de- termine the questions which we think are involved, it must not be taken as a precedent for fu- ture cases." Ferguson v. Wil- son, 122 Mich. 98. €ited in; iSt. James v. Ers- kine, 155 Mich. 606; Vincent v. Port Huron Savings Bank, 147 Mich. 438. Counsel's brief does not point out the assignment of error relied on, as required by this rule. (41) MICHIGAN SUPREME COURT RULES. 34 (41) Rule 41. Printed Briefs — Service of Copies. Two copies of the appellant's brief shall be served upon the appellee as soon as printed, and at least twenty days before the first day of the term at wiiich the cause is regularly noticed for hearing. Two copies of the appellee's brief shall be served upon the appel- lant as soon as printed, and at least five days before the first day of the term at which the cause is regu- larly noticed for hearing: Provided, however, that, if the printed record and appellant's brief shall be served thirty days before the first day of the term, the appellee 's brief shall be served at least fifteen days before the first day of the term. In chancery appeals, when the complainant is also appellant, or when the defendant appeals from an order overruling a demurrer, the foregoing shall ap- ply. In other chancery appeals heard on pleadings, or on pleadings and proofs, when the complainant is appellee, his brief shall be served upon the defendant at least fifteen days before the first day of the term at which the cause is regularly noticed for hearing (or within ten days after service of the printed record by appellant, if the same is not served at least twenty- five days before the first day of the term) ; and the ap- pellant 's brief shall be served at least five days before the first day of the term (or within ten days after the service of complainant's brief). The briefs above mentioned shall fairly present the cause on each side. Supplemental briefs may be printed and served at any time before the cause is placed upon the call for argument, but subsequently by special permission of the court only. If the brief of either party is not served within the time above re- quired, the opposite party may, at his option, on the" first day of the term, have the cause placed at the foot of the calendar, or continued, and the court may, in proper cases, order the payment of a counsel fee by the party in default. 35 CALENDAR. (44) (42) Rule 42. Printed Briefs— When to be Filed. Eighteen copies of all briefs shall be filed at least forty-eight honrs before the case has been placed on call; and no oral argument will ])e heard on behalf of a party failing to comply with this provision. (43) Rule 43. Calendar — Priority of Cases. Writs of error and certiorari, appeals in chancery, cases made, bill of exceptions in criminal cases, and all other cases which are to be heard on the merits, are calendar causes, and to be heard at any term must be placed on the calendar for that term. Criminal cases may be placed on the calendar during the first two weeks of term by consent of the attorney-general. (44) Rule 44. Calendar — Stipulation to Place Low- er Down. The priority of causes on the calendar as first made shall depend upon the date of filing notice of hearing with the clerk. The party noticing a cause for hearing shall, at least twenty days before the first day of the term for which the same is noticed for hearing, give notice to the clerk to place such cause on the calendar for the term. No cause shall be entered on the calen- der by the clerk until the return, record on appeal, case made, or exceptions in criminal cases shall have been filed in this court, nor without the notice to the clerk hereinbefore mentioned. Upon filing stipulation with the clerk not later than the Saturday before the first day of the term, cases may be placed lower down on the calendar and grouped to suit the convenience of counsel. After such re-arrangement of causes by the clerk, no further changes can be made by counsel, ex- cept to continue or place at the foot of the calendar. In cases wiiere counsel are not present in court, notice of motions for continuance, to be heard on the first day of the term, shall be given at least twenty-four hours previous thereto and if for any subsequent day, two days' notice shall be given. (45) MICHIGAN SUPREME COURT RULES. 36 (45) Rule 45. Argninents of Causes — Call of Cases Each Day. The court, on the first day of each term, after mo- tions are disposed of, will commence calling the cases for argument in the order in which they stand on the calendar as re-arranged, and proceed from day to day during the term in the same order, 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 shall be ready to proceed in the argument, the cause will be regarded as submitted on briefs. No cause after being placed on the call shall be withdrawn therefrom ex- cept to continue the same, and a continuance will be allowed only upon a sufficient showing of the death or illness of counsel. Fifteen cases only shall be consid- ered liable to be called on each day during the term, including the one under argument, if the same shall not have been concluded on the preceding day. No cause shall be taken up out of its order, or set down for a particular day, except under special and peculiar circumstances to be shown to the court. On motion days, motions will take precedence of calendar causes. (46) Rule 46. Argument of Causes — Time Allowed. /fi/?e46 Amend 186 xxviii jjj i\^Q argument of calendar causes two counsel may be heard on a side. The time allowed for argu- ment on each side shall not exceed one hour unless by special permission of the court on cause shown grant- ed before argument begins. (47) Rule 47. Argnment of Causes — Submission on Briefs. Any cause may be submitted upon briefs by stipula- tion at any time. In General. Mich. 385; Board v. Treasurer, See Harrington v. Wands, 23 8 Mich. 392. Z7 APPLICATION FOR REHEARING. (51) (48) Rule 48. Costs— Taxation. The necessary expense of printing the record and brief required by these rules may be taxed as disburse- ments in favor of the party prevailing in the cause. (49) Rule 49. Costs— Counsel Fees Allowed. A counsel fee shall be awarded to the prevailing party unless otherwise ordered by the court (excepting in criminal cases), in addition to such other costs as such party may be entitled to, as follows : (a) On motions which do not finally dispose of the case, ten dollars; (b) on mandamus and certiorari, heard as motions, fifteen dollars; (c) on motions which finally dispose of the case, twenty dollars; (d) on cal- endar causes, thirty dollars. (50) Rule 50. Costs— Taxed by the Clerk. Costs shall be taxed by the clerk upon notice of not less than four days. If the party upon whom such notice is served shall reside outside the city of Lan- sing, the time of service of such notice shall be in- creased one day for every additional one hundred miles distance, or fraction thereof, between his place of residence and the city of Lansing. Provided, that no notice need be given of more than ten days. Such notice shall be accompanied by a copy of the bill pro- posed to be taxed and the affidavits to be read in sup- port thereof. (51) Rule 51. Application for Rehearings — Costs on Denial. No application for rehearing will be considered by the court unless the moving party, at as early a date as may be practicable, shall cause any papers up- on which it is based, together with his reasons for granting the same, to be printed, and twelve copies thereof to be filed with the clerk of this court, nor un- (52) MICHIGAN SUPREME COURT RULES. 38 less a copy thereof shall be served upon the counsel for the opposite party. Proof of this service shall also be filed Tvith the clerk, and the court, after the expiration of not less than four days from such service, will exam- ine the papers, and without further argument, unless specially ordered, will pass upon the application. The party opposing will be at liberty to file with the clerk his objections to the application, either printed or type-written, as he may prefer, at any time before the application is decided. In motions for rehearing, if denied, the opposing party shall be entitled to tax a motion fee of fifteen dollars and the expense of printing a brief, if one has been furnished. (52) Rule 52. Final Process. Final process to which any party may be entitled upon a judgment or decree of this court shall be is- sued by the clerk and made returnable not less than twenty nor more than ninety days from the time of its issue. (53) Rule 53. Suggestions of Death. When after the death of one party to a judgment without survivors, and before his representatives have revived the same, the adverse party sues ont a writ of error from this court, no notice need be given of such issue until the same is returned. But the appel- lant or the representative of the adverse party to the judgment may, at any time after such return, file an affidavit of such death and of the appointment of such representatives and thereupon suggest the same of record. And the time for assigning errors, except as provided in circuit court Eule 47, shall not begin to run until said appellant shall make such suggestion, if made by such representative. In General. See Hoffman v. Harrington, 41 Mich, 223. 39 TAKING FURTHER TESTIMONY. (57) (54) Rule 54. Clause. Rules Take Effect When — Repealing These rules shall take effect January 1st, 1897, as to all causes commenced on or after that date, and also as to any cause removed to this court previous to that date as far as concerns proceedings therein subsequent to the date when the same shall be roiciy to be noticed for argument. All rules not herein con- tained are hereby repealed, except as above provided. (55) Rule 55. Argument of Motions in Causes In- volving Less Than $500. See (185) C. L. '97, as amended by Act No. 250, P. A. 1903. Causes where the record fails to show that the amount involved, exclusive of costs, is more than five hundred dollars, and all motions, shall be submitted on briefs, unless otherwise ordered by the court. (56) Rule 56. Mandamus, Prohibition and Certior- ari Proceedings — Printed Briefs. In mandamus, prohibition, and certiorari proceed- ings, if preliminary writs or orders are allowed, the records, or so much thereof as is necessary to present the points raised, and briefs of counsel, must be print- ed, as provided in Rule 35. In General. Where relators caused the record to be printed and filed and counsel for respondent filed a motion to dismiss the pro- ceeding, for the reason this rule relating to the printing of rec- ords In mandamus cases, had not been corapliftd with, in that material portions of respond- ent's return had been omitted from the printed record, the court gave the relators a cer- tain time in which to file a printed record of the proceed- ings in the cause and in case of default the court will grant the motion to dismiss the case. Haney v. Allegan Circuit Judge, 164 Mich. 581. (57) Rule 57. Further Testimony to be Taken. Whenever an appeal to this court is taken and per- fected under the provisions of sections 10823, 10824, 3 (57) MICHIGAN SUPREME COURT RULES. 40 Comp. Laws, if either party desires to take further testimony, notice of such desire shall be given in writ- ing to the opposite party within ten days after the fil- ing of the return in this court and proof of service of such notice shall be filed with the clerk of this court. If no such notice be given, the cause shall stand for hearing upon the record returned. In all other cases, the cause shall stand for hearing after said appeal is perfected. In any event, the appellant shall cause the record to be printed and served within thirty days after the cause shall so be for hearing and shall within ten days thereafter cause two printed briefs to be served upon the appellee. The appellee shall have ten days thereafter in which to print and to serve upon the appellant two copies of the brief. In General. quired by the rule, and inas- much as appellee participated in In proceedings to enforce a the taking of depositions and claim against a watercraft ap- also took depositions, the ir- pellant did not comply with this regularity was waived. Detroit rule in that he did not give the Lumher Co. v. Yaoht "Petrel," notice within the 10 days as re- 163 Mich. 247. 41 COMPARISON WITH FORMER RULES. COMPARATIVE TABLE OF SUPREME COURT RULES. Former Present Former Present KiJles. Rules. Rules. Rules. 1 34 27, 46 2 22 35 10 3 21 36 10 4 22 37 10 5 24 38 10 6 33 39 10 7 , 25 40 10 8 1 41 10 9 27 42 45 10 4, 5 43 11 6 44 18, 19. 20 12 11 43 18,19,20 13 46 18, 19, 20 1* 14 47 18,19,20 15 7, 16 48 49 16 8 49 52 17 50 18 51 50 19 8. 15 52 2 20 9 53 21 34 54 22 17 55 23 56 53 24 29 57 25 43 58 27, 31 26 28, 34 59 37, 38, 41, 42, 47 27 32 60 3 28 44 61 36. 40 29 62 51 30 39 63 13 31 35 64 32 35 65 12 33 48 Michigan Circuit Court Rules (58) Rule 1. Original Writs. i78 4i4 (a) Original writs may be issued in vacation or in term time, and, except as otherwise provided by stat- ute, may be made, returnable at any time, except Sun- day, not exceeding- three months from the date when issued; and original writs for the commencement of suit shall notify the defendant to appear in person or by attorney within fifteen days after service of the writ upon him, to answer to the suit of the plaintiff according to the rules and practice of the court, with such additional command as shall be appropriate to the action of replevin and to actions commenced by attachment or capias ad respondendum; and such writ shall be served by the sheriff, w^ho shall make his re- turn thereon immediately after service, or, in case of no service, then immediately after the return day men- tioned in the summons. If there be more than one de- fendant the return of service shall, at the request of the plaintiff, be made immediately after ser\^ce on each defendant, and in such case the return of service may be indorsed upon or attached to a copy of the writ, and the original retained until the return day for service on the other defendants. (b) On the filing of a sheriff's return, within thirty days after the return day of the writ, that he has failed to serve or execute any writ, a further writ, to be designated as an alias or a pluries, as the case may be, may be issued at any time within ten days after the filing of such return. (c) The following form of writ, or one substantial- ly like it, shall be used in actions not requiring the seizure of property or the arrest of the defendant. (58) michigan circuit court rules. 44 State of Michigan, The Circuit Court for the County of In the Name of the People of the State of Mich- igan. To You are hereby notified that a suit has been com- menced against you in the circuit court for the county of , by , as plaintiff, and that if you desire to defend the same you are required to have your ap- pearance filed or entered in the cause, in accordance with the rules and practice of the court, in person or by attorney, within fifteen days after service of this summons upon you. Hereof fail not, under penalty of having judgment taken against you by default. The plaintiff claims damages in said suit not exceed- ing dollars. Service of this summons shall be made on or before the day of , 191 , which is the return day hereof. Witness, Hon. , circuit judge, and the seal of said court, at the of , the place of holding said court, this day of , 191 — . , Plaintiff ^s Attorney. , Clerk. Business Address, (d) In actions of replevin, there shall be added to the foregoing form, before the testing clause, a clause substantially as follows: [See sees. 10653, 10669, C. L. 1897.] To the Sheriff of said County: We command you that you do forthwith, and on or before the return day above mentioned, take into your custody the following goods and chattels, to-wit : (describing the goods and chattels to be replevied), and deliver the same to said plaintiff, if he shall give you security as required by law to prosecute to effect this writ against said defendant, and to return the aforesaid goods and chattels, if return thereof shall be adjudged, and to pay all such sums of money as may be recovered against him hereupon ; and also that 45 ORIGINAL WRITS. (58) you summon the said defendant to appear before said court, as above set forth, to answer to said plaintiff concerning the unlawful detention of said goods and chattels. (e) In attachment suits there shall be added a clause substantially as follo"vvs: [sec. 10559, C. L. 1897.] To the Sheriff of said County: "We command you that you do forthwith and on or before the return day above mentioned attach so much of the lands, tenements, goods, chattels, moneys and effects of the said defendant, , not exempt from execution, wheresoever the same may be found with- in said county, as will be suflficient to satisfy the de- mand of said plaintiff, and that you make an inventory thereof, and safely keep said property to satisfy any judgment that may be recovered by said plaintiff ; and that you serve a copy of this writ and a copy of such inventory, certified by you, upon the said defendant if he can be found in said county. And in case you shall seize any property of said defendant in said county, but not sufficient to satisfy the demand of said plaintiff, and costs, then you are hereby further commanded to seize other property of said defendant subject to attachment, sufficient with that seized within said county, to satisfy said demand and costs, wherever the same may be found within the state, and to serve a copy of this writ and a certified copy of your inventory upon said defendant if found within either county where property has been seized under this writ. (f) In actions commenced by capias ad respon- dendum there shall be added a clause substantially as follows: [sees. 9989, 9995, C. L. 1897.] To the Sheriff of said County: You are hereby commanded to take said defend- ant, if he may be found in your bailimck, and keep him in your custody until he shall be discharged according to law. (58) MICHIGAN CIRCUIT COURT RULES. 46 In General. This rule is founded on C. L. '97, § 9989, which provides that all original writs in personal ac- tions shall be a summons or a cal>ias ad respondendum accord- ing to such form as shall be fixed by the general rule of court. Such writs may be Is- sued in vacation or term time and shall be made returnable according to the general rule of court. It will be noted that the rule does not cover writs of garnish- ment, but it covers writ of sum- mons and capias, writs of attach- ment and replevin. In accordance with the Con- stitution of 1908, Art. VII, §22 and C. L.. '97, §9984, the style of all process shall be "In the name of the People of the State of Michigan." "The object of this provision," said the court. In Forbes v. Darling, 94 Mich. 627, "undoubtedly is to make this style the distinguished fea- ture of all process. The re- quirement is constitutional and the defect jurisdictional." In compliance with the con- stitutional and statutory provi- sions, this rule establishes the style and form of summons^ The Supreme Court has full authority to make the rule by virtue of the Constitution and such rule has the same force and effect as a statutory provi- sion. Van Benschaten v. Fales, 126 Mich. 176. Subdivision (a). The general appearance of the defendant will cure the defect in a writ made returnable on Sunday. Pierce v. Rehfuss, 35 Mich. 53. The sheriff not having re- tained the writ nntil after the return day where no personal service was had, and where he bad all of the return day In which to serve the same, but returned the writ "not found" on the return day, it was de- cided not to form a basis for a substitutional service. Sweet v. Gibson, 123 iMich. 697. Subdivision (b). All the cases construing a former rule find no application to this new rule, for the reason that they are overruled by it and the rule embodies a clause in which a period of ten days must intervene between the re- turn of the original writ and the issuance of an alias. The issuance of an alias sum- mons may be treated as a new suit if the first suit has gone down, and it is not void merely because the return to the orig- inal summons did not furnish a proper basis for the writ. Frantz V. Detroit United Ry., 147 Mich. 199. Subdivisions (a) and (b). It is manifest that where the statute of limitations had not run between the time of serv- ing the first and second sum- mons, the second summons was duly served irrespective of Sub- divisions (a) and (b) of this rule. Frantz v. Detroit United Ry., 147 Mich. 179. Subdivisions (a) and (f). A writ of capias ad responden- dum in form as prescribed by this rule limits the time within which the defendant may enter his appearance to 15 days after service of the writ, instead of 20 days as prescribed by the statute. C. L. '97, § 10000. This fact does not render the writ void, but the provision made in the statute must prevail. Wright V. Wayne Circuit Judge, 119 Mich. 497. Subdivision (e). The rule makes substantially the same provision as the stat- ute, C. L. '97, §10559. Skeels V. Oceana Circuit Judge, 119 Mich. 290. 47 DECLARATIONS. (60) I jf / ^ (59) Rule 2. Proceedings in Suits Commenced by Original Writ. (a) In suits commenced by original writ (except as otherwise specially provided by statute) the plaint- iff shall file his declaration within fifteen days after the issue of the writ. (b) The defendant shall serve notice of his ap- pearance or of retainer and file a copy thereof with the clerk, within fifteen days after service of the writ upon him, and the business address of the defendant's attorney shall appear upon the notice. (c) The plaintiff shall serve a copy of the declar- ation upon the defendant 's attorney within fifteen days after receiving notice of appearance or of retainer. (d) The defendant shall file his plea or demurrer, and serve a copy thereof upon the plaintiff's attorney within fifteen days after service of a copy of the dec- laration; and this shall apply also to a plea in abate- ment. (e) All subsequent pleadings when admissible shall be respectively filed and copies served on the opposite party within fifteen days of each other. Subdivision (a). writ mandatory, as required by this rule. Goodspeed v. Smith, The statute, Act No. 30, Pub- 161 Mich. 689. lie Acts 1907, was not designed Subdivision (e). to make the filing of a declara- Cited in U. S. Graphite Co. v. tion within 15 days after the Circuit Judge, 158 Mich. 601. (60) Rule 3. Declarations — Forms, Contents and Affidavits. (a) The forms of declaration adopted under the new English rules prior to 1840, so far as they are not inconsistent with either the statutes or the peculiar organization of the circuit courts, may be used, or the same may be drawn according to the forms hereto- fore in use. The business address of the plaintiff's attorney, in suits begun by declaration, shall appear upon the declaration. (61) MICHIGAN CIRCUIT COURT RULES. 48 (b) The statement of losing and finding in a dec- laration in trover may be omitted. ^0, (c) In declaring upon a policy of insurance, it \T^ '^ shall not be necessary to set forth specifically any more than the date and amount of the policy, the pre- mium paid or to be paid, the property or risk insured, and the loss ; and upon the trial, proofs may be made in the same way as if the declaration had set forth the policy in full. (d) In actions brought by corporations, foreign or domestic, the plaintiff may file with the declaration an affidavit stating that the plaintiff is a corporation under the laws of some state, territory or country, to be specified, and that the contract in question was made, or the cause of action sued on accrued to it as such corporation. If a copy of such affidavit is served with the declaration, such affidavit shall be prima facie evidence of such incorporation, unless the defendant shall file with the plea an affidavit denying such incor- poration. in General. Cited in Hurd v. iNorthem Accident Co., 153 Mich. 476. (61) Rule 4. Bill of Particulars. (a) In cases in which the defendant is entitled to demand a bill of particulars, the plaintiff shall serve and file a copy of such bill, unless it has been already furnished, on being served with a notice demanding the same; and if such bill be demanded before the expiration of the time for filing plea or demurrer, the defendant shall have like time to plead or demur after receiving the bill of particulars, to which he was en- titled at the time of serving such notice. (b) If the plaintiff shall unreasonably neglect to furnish a bill of particulars, or if the bill of particu- lars delivered be insufficient, the court may in its dis- cretion nonsuit the plaintiff, allow further time to fur- 49 DEMURRERS. (62) nisli it, or require a more particular bill to be delivered, (c) In cases where it is competent for the plaintiff to call upon the defendant for a bill of the particulars of his set-off, the defendant shall file and serve a copy of such bill, unless already furnished, on the written request of the plaintiff's attorney; and in case it be not furnished within thirty days after such request, the court may exclude all testimony concerning it. If the bill of particulars of set-off furnished by the de- fendant is insufficient, the defendant, on motion, shall be required to furnish a more specific bill of particu- lars. In General. Tihis rule has its source in, and in effect is substantially the same as, the following statute: C. L. '97, §10083 which pro- vides that in all civil cases now pending or hereafter brought in any of the circuit or superior courts of this state, in which, by the rules and practice of said courts, either party is en- titled to demand of his adver- sary a bill of particulars, the party upon which such demand shall be made, shall, at the time of furnishing such bill, file a duplicate thereof in said court in said cause. (62) Rule 5. Demurrers. (a) The form of a demurrer may be as follows: * ' The defendant says that the declaration of the plaint- iff is not sufficient in law," adding briefly but plainly the special reasons in matters of substance as well as form. (b) If any pleading shall be adjudged bad for any cause which is not plainly specified in the demurrer, the party pleading shall be permitted to amend with- out costs. (c) To every demurrer there shall be added the individual certificate of counsel having principal charge of the cause in behalf of the party filing the de- murrer, to the effect that the demurrer is not inter- posed for delay, and that in his opinion it is well founded. And a demurrer not accompanied with such a certificate shall be stricken from the files on motion, unless the court shall deem it proper to allow the cer- tificate to be added. (63) MICHIGAN CIRCUIT COURT RULES. 50 (d) A joinder in demurrer shall not be necessary, and on the tiling of a demurrer the cause may be no- ticed for trial on the issue of law, by either party. In General. The rule has its source partly in the following statutes: C. L. '97, § 10068 -which pro- vides that when any demurrer shall be entered to any action, and issue be joined thereon the court shall proceed and give judgment according as the vpry right of the case and matter In law shall appear, without re- garding any defect or other im- perfection in any process or pleading, so as sufllcient matter appear in the pleadings to en- able the court to give judgment according to the very right of the case, unless such defect or other imperfection be specially expressed in the demurrer. C. L. '97, § 10069 which pro- vides that after issue shall be joined on any demurrer, the court shall amend every such defect or other imperfection in any process or pleadings, in the last section mentioned, other than those which the party de- murring shall specially express in his demurrer. (63) Rule 6. Pleas in Abatement. (a) Whenever the defendant interposes a plea in abatement, he may also, at the same time, plead the general issue ; and in such case, if an issue of fact be made on the plea in abatement, such issue shall stand for trial first; and if it be found against the defend- ant, the trial shall at once proceed on the issue on the merits, unless the court, on cause shown, shall allow a postponement. And if the issue on the plea in abate- ment is tried by jury, the issue on the merits, except when postponement is ordered, shall stand for trial before the same jury. When the issue in abatement shall be found for the defendant, the court may, in its discretion, allow the plaintiff to amend the declaration, and the cause shall thereupon proceed on such terms as the court shall prescribe. (b) The court will not entertain a motion to set aside the proceedings in a cause on the ground of mis- nomer of the party arrested, but will leave him to his remedy by a plea in abatement. (c) When the defendant in any action founded on contract shall plead in abatement the non-joinder of any other person as defendant, the court in term time, or the judge in vacation, may, at any time, allow the plaintiff, on such terms as the court or judge shall 51 PLEAS IN ABATEMENT. (63) prescribe, to amend his declaration, by inserting therein the name of any other person as defendant, and declaring against him jointly with the original defendant. (d) The plaintiff may thereupon take out a writ, in such form as the court or judge shall prescribe, which shall be in the nature of a summons, and shall require the new defendant to appear and answer as defendant in the original action; and such writ shall be served as in other cases. Upon the return of such writ, every person named therein as defendant shall be bound to appear and an- swer with the other defendants, in the same manner as if they had all been originally made parties. (e) If a legal service cannot be made on any such new defendant, by reason of his absence from the state, or other sufficient cause, the action may never- theless proceed against all the defendants w^ho are duly served, in like manner as provided by law when one of several defendants is not duly served with pro- cess. (f) Judgment shall be rendered and execution shall issue in every such case, for either party, in the same manner as if the suit had been originally com- menced against all the defendants. In General. speedy trial of the merits as a The distinction between pleas desirable result; and a practice to the jurisdiction and pleas in which delays by permitting abatement which prevailed at technical and dilatory tactics is the common law has not been contrary to the policy of both, recognized by the court (see and we cannot give an unneces- National Fraternity v. Wayne sary construction to this rule Circuit Judge, 127 Mich. 186). which would have that effect^ It follows, therefore, that pleas See Griffin v. Wattles. 119 Mich, in abatement, may be put in by >^*6. _ ., ^ *v * a +i,;o attorney without admitting jur- It is manifest that under this isdiction of the person. The rule a plea to the jurisdiction same result follows from the is included withm the term provision of this rule. Fell v. "Plea in abatement. National Gorman. 144 Mdch. 523. Tf ^^iV^ Z- v,^'7«°^ '^' In Steel v. Clinton Circuit -'"dge. 127 Mich. 186. Judge, 133 Mich. 699, the court This rule does not abolish the said: 'The statute, like the common law that rulings upon common law. looks upon a dilatory pleas cannot be re- (64) MICHIGAN CIRCUIT COURT RULES. 52 i86 60 I 185 494 185 493 563 it. Cv ,t* S> i<2> viewed, ■when the defendant has subsequently pleaded to the merits. Griffin v. Wattles, 119 Mich. 347. This rule permits the filing of a plea to the merits with a plea in abatement, and therefore acts as a waiver of the right to re- view the decision of the court upon the plea of abatement, if adverse to the defendant, es- pecially as in such case it pro- vides for an immediate trial upon the plea to the merits, and that, imless a defendant is con- tent to abide the decision of the raised by the dilatory plea, he trial court upon the questions should not accompany it by a plea to the merits. See Griffin V. Wattles, 119 'Mich. 348. ^''6 338 (64) Rule 7. General Issues — Special Defenses. (a) The general issue may be as follows: "The defendant comes and demands a trial of the matters set forth in the plaintiff's declaration." The busi- ness address of the defendant's attorney shall appear upon the plea, unless previously given in a notice of retainer. [Sec. 10072, C. L. 1897.] (b) An affirmative defense, such as payment, re- lease, satisfaction, discharge, license, fraud, or failure of consideration in whole or in part, and any defense which by other affirmative matter seeks to avoid the legal effect of or defeat the cause of action set forth in plaintiff's declaration, must be plainly set forth in a notice added to the defendant's plea. The signature of the defendant's attorney following such a notice shall be a sufficient signing of both the plea and the notice. [See sec. 10074, C. L. 1897.] (c) Whenever it shall be claimed in defense that any written instrument set forth in the plaintiff's dec- laration is void or voidable, or cannot be recovered up- on by reason of any statute or by reason of non-de- livery, failure of consideration, fraud, payment, dis- charge or release, the facts upon which such defense is based shall be plainly set forth in a notice added to the defendant's plea. [See sec. 10074, C. L. 1897.] (d) In a suit upon a policy of insurance, if the de- fendant shall rely, in whole or in part, upon any breach of any of the conditions, agreements, representations or warranties of the policy of application therefor, or upon the failure to perform or make good any promise, 53 GENERAL ISSUES. (64) representation or warranty, or upon the failure to furnish any proof of loss, as required by the policy, there shall be added to the plea a notice plainly indi- cating the facts relied on. (e) Any statement of fact set forth in a notice added to a plea shall be treated as an admission by the defendant and need not be proved by the plaintiff. In General. This rule has its source in the following statutes: C. L. '97, §10074. The Su- preme Court may make such rules in relation to notice of matters intended to be given in evidence by either party, as shall be necessary to prevent surprise, and to afford oppor- tunity for preparation for trial. C. L, '97, § 10072. In all civU axjtions hereafter to be com- menced the general issue shall consist of a demand by the de- fendant, of a trial of the mat- ters set forth in the plaintiff's declaration. C. L. '97, § 10071. No special plea in bar shall be pleaded in any civil action hereafter to be commenced; but all matters of defense to any such action, may be given in evidence under the general issue. C. L. '97, §10073. To entitle a defendant to avail himself of any matters of defense, which, according to the practice as it has heretofore existed, was re- quired to be pleaded specially, or of which a special notice was required to be given under the general issue or other general plea, such defendant shall an- nex to his plea of the general issue a notice to the plaintiff, briefly stating the precise nature of such matter of defense. In Walbridge v. Tnller, 125 Mich. 220, the court said: "The purpose of this rule is plain. Under the former practice many defenses were open under the general issue which plaintiff might not be prepared to meet. It was to obviate this difficulty that the court adopted this pro- vision, intending that the plaint- iff might stand with safety upon his declaration setting out a written insti-ument without be- ing put to the trouble or ex- pense of preparing to meet a defense inconsistent with the validity of such instrument, un- less either the execution was denied under rule No. 8, or no- tice of a purpose to claim its invalidity or discharge was given under rule No. 7." In Cleveland v. Rothchild, 132 Mich, 630, the court said: "We are of the opinion that this tes- timony was admissible under the original plea, which was filed in 1896, before the adop- tion of this rule, as both parties and the court seem to have acted upon the assumption that defendant's rights under the plea of the general issue were not changed in this case by the adoption of the rule, we do not discuss the question of its effect on pending litigation, or the ad- dition, by way of amendment to such plea, of a notice of set-off." 8ubdvision (a). The general issue is a denial of all things that a plaintiff must establish to maintain his action, and want of probable cause is one of these and there- fore proper when placed in is- sue with the general issue un- der this rule. Birdsall v. Smith, P1.C. among the note, to (64), page 53. ,„.. OrcuU Coun .u. NO - n«-S°Je"rS?r'» D. (64) MICHIGAN CIRCUIT COURT RULES. 54 158 iMich. 394. See Sunlin v. Sunlin, 133 Mioh. 208. Subdivision (b). It is apparent that where the notice attached to a plea does not set forth the fraud of the plaintiff, the latter is not open for consideration because it is not in issue. Baumler v. iMu- tual Fire Insurance Co., 148 Mich. 430. The presumption of chastity- transferred from plaintiff to de- fendant, the duty of first intro- ducing testimony touching the issue of chastity was the lat- ter's, but it by no means fol- lows that in introducing that testimony the latter was making an affirmative defense within the meaning of this rule, and therefore defendant is not re- quired to give notice of inten- tion to show plaintiff's nnchas- tity to his defense. Greenman V. O'Riley, 144 Mich. 536. Where the notice did not state that the goods were sold by sample which they did not equal, nor that the goods sold were to be full vamps, instead of cut-off vamps, nor is there any suggestion of an express guaranty or of any implied guar- anty which was not met, the notice is insufficient under this rule. J. Richardson & Co. v. Noble, 143 Mich. 548; Sinker, Davis & Co. v. Diggins, 76 Mioh. 49; Watkins v. Ford, 69 iMich. 357; Bolt v. Frede'rich, 56 Mich. 20; Roethke v. Brewing €o., 33 Mich. 340. Where the only grounds upon which certain testimonv was ad- missible are (a) that it tended to prove that the execution of the contract was procured by fraudv and (b) that it tended to show that after the contract was made it was so modified that defendant was released from the obligation, the testi- mony was inadmissible under the general issue, and this rule was applicable though this suit was originally brought in jus- tice's court. R. K. Carter & Co. v. .Weber, 138 Mich. 579; Hub- bard v. Freeberger, 133 Mich. 139, The application of this rule to cases of trover and replevin would be manifestly unjust where the declaration of the plaintiff gives no intimation as to the source of his title. Wil- liams V. Brown, 137 Mich. 572. Under this rule the defense that there was no consideration for the agreement is not open upon the pleadings. Crane v. Bagley, 126 Miich. 218, 84 N. W. 133. Subdivision (c). In this case the defense that the contract was idtra vires is not available, since no notice was given of it under this rule. Niles v. Benton Harbor, etc., R. Co., 154 Mich. 382. Where a notice under this rule states that the horse was purchased upon the assurance that he was serviceably sound, whereas, in fact, he was not, but was afflicted with a disease named, which made him sterile and ultimately caused his death, this notice is broad enough to permit recoupment of any dam- ages resulting from the breach of guaranty. Otto v. Braman, 142 Mich. 191. It is apparent that under this rule a notice of the defense re- lied on must be given with the plea filed in the circuit court, failure to do so, will prohibit the defendant from showing that the signature to the note wag obtained through fraud and deceit. However, the suit was begun in justice's court and, had the plea of the general is- sue been filed then the defense would have been admissible, al- though no notice had been at- 55 GENERAL ISSUES. (64) taxjhed. Ward v. "Ward, 134 Mich. 393; Hubbard v. Freiber- ger, 133 Mich. 137. Subdivision (d). It is manifest that in an ac- tion in a fire insurance policy, the defendant cannot fely upon a breach of such representation, because there was nothing in the notice attached to Its plea, as required by this rule, to in- dicate its intention to do so. Maas V. Anchor Fire Insurance Co., 148 Mioh. 433. "Wlhere by the terms of an in- surance policy the plaintiff's claim -was not due until the ex- piration of 60 days from Sep- tember 9th at which time (i. e., September 9th) the proofs of loss were returned to the in- surance company's officers and that, under the statute action could not lawfully be com- menced for 60 days more (i. e., 120 days after September 9thj the court maintained that un- der this rule the defense was not admissible. Putze v. Sagi- naw Mut. Fire Ins. Co., 132 Mich. 674. It was the proper exercise of discretion on the part of the trial judge to disallow an amendment in a case where the adverse party knew of the ad- ditional insurance and he inter- posed his plea without giving no- tice that his intention was to insist upon the defense of a for. feiture, and where he did not make application for an amend- ment, which would change the issue under the pleadings, until after plaintiff had closed his case. Bigelow v. Brooks, 119 Mich. 208. W^ere the plea was simply the general issue, and the cir- cuit judge ruled out the testi- mony offered as not admissible under the pleadings, the ruling was clearly right under this rule. Baker v. Protective Asso- ciation, 118 Mich. 431. Subdivision (e). Where defendant amended his plea and the trial thereafter proceeded both in the justice and circuit courts upon the amended rather than upon the riginal notice and plaintiff of- fered testimony to establish the liability of defendant, plaintiff did not rely upon the original notice under the plea as admit- ting such liability. Hickey v. Lundy, 168, Mich. 339. Statements of the notice un- der the general issue that the bond was given to secure the purchase price of goods are ad- missions on the part of both defendants that the bond was given to secure the purchase price or goods thereafter to be- come due. Cunningham v. Haw- kins, 163 Mich. 321. This rule is cited in: Her- mann & Co. V. Peoples' Dept. Store, 160 Mich. 225; St. Louis Hoop & Stave Co. v. Danforth, 160 Mich. 229; Buckeye Brewing Co. v. Eymer, 157 Mioh. 521; Comstock V. Taggert, 156 Mich. 53; Munger v. Sanford, 144 Mich. 326. (Unnecessary to determine whether this statement was un- der this rule) ; Third Nat. Bank of New York v. Steel, 139 Mich. 439; Truax v. Heartt, 135 IMich. 154, where the court said: "This rule requires notice of an affirm- ative defense. Recoupment is such a defense and therefore the burden of proof is upon the defendant." Cited also in: Bar- ger V. Farnham, 130 Mioh. 491; Carpenter v. Carpenter, 126 Mich. 217; Bryant v. Kenj'on, 123 Mich. 154. Cited in Mclntyre v. Carr, 19 D. L. N. 756. (65) MICHIGAN CIRCUIT COURT RULES. 56 (65) Rule 8. Execution of Written Instrument Ad- mitted if not Denied on Oath. Upon the plea of the general issue in an action up- on any written instrument, under seal or without seal, the plaintiff shall not be put to the proof of the ex;e- cution of the instrument or the handwriting of the de- fendant, unless the defendant or some one in his be- half shall file and serve a copy of an affidavit denying the same, and this rule shall apply in actions brought against indorsers as well as other parties, and shall also apply in favor of a defendant in cases vrjiere claims by way of set-off are insisted upoii by him. Such affidavit shall be filed, when by the defendant, mth the plea, and when by the plaintiff, within ten days after service of the specific set-off claimed; but the court may, upon proper showing, enlarge the time for filing such affidavit. In General. Where a copy of the certifi- cate of insurance was attached to the declaration, and no plea of abatement was interposed and the plea of the general issue was entered, with notice that the defense would be the sui- cide of the insured, and further no affidavit was filed and served at the time defendant pleaded, or any other time, denying the execution of the policy attached to plaintiff's declaration, no proof of its execution was re- quired, and its execution as al- leged was admitted. Grinnel v. Federal lAid Association, 167 Mich. 248. In this case the corporation failed to deny under oath the execution of the note upon which suit was brought, as re- quired by this rule, for the rea- son the corporation is barred from claiming that the execu- tion of the note was done ultra vires. Citizens' Savings Bank v. Globe Brass Works, 155 Mich. 8. This rule has been applied in many cases in which its mean- ing is construed to be that fail- ure to file the affidavit provided for therein is an admission of the execution by the defendant who omits to file the affidavit. Naftzker v. Lantz, 137 Mich. 444; Detroit Chamber of Com- merce V. Goodman, 110 Mich. 498; Union Central Life Ins. Co. V. Howell, 101 iMich. 334; Hem- minger v. Western Assurance Co., 95 Mich. 358; Inglish v. Ayer, 92 Mich. 371; Brewing Co. V. McKittrick, 86 Mich. 191; Lorscher v. Knights of Honor, 72 iMich. 330; Jenkinson v. Mon- roe, 71 Mich. 631; Limore v. Home Ins. Co., 58 Mich. 279; Montross v. Insurance Co., 49 Mioh. 477; Jacobson v. Miller, 41 Mich. 90; Wright v. Irwin, 33 Mich. 330; Lobdell v. Manu- facturers' Bank, 33 Mich. 408; Clay, etc., Ins. Co. v. Huron, etc., Co., 31 Mich. 346; Jennison v. Haire, 29 Mich. 211; Polhemus v. Ann Arbor Savings Bank, 27 57 EXECUTION OF WRITTEN INSTRUMENT, (65) Mich. 44; People v. Johr, 22 Mich. 461; Thatcher v. West River Nlat. Bank, 19 iMich. 196; Hoard v. Little, 7 Mich. 468. LA.n affidavit — not properly en- titled — denying the execution and delivery of a bond, which was filed' with the plea, is suf- ficient to comply with this rule. Thompson v. Village of Mecosta, 127 Mich. 522. In People v. Cotteral, 115 Mich. 43, the court, in the re- hearing of the case, safd: "This suit was commenced in justice's court, and technically we were in error in saying that under this rule, plaintiffs were not re- quired to prove the execution of the bond." Under this rule delivery is in- cluded under execution. Wright v. Irwin, 33 iMich. 33. The object of this rule merely gives the plaintiff an opportun- ity to make out a prima -facie case, and therefore cannot be made conclusive, for the defend- ant, although he has not filed the affidavit, can avail himself of any defense on merits he may have, but it must not deny exe- cution of the written instru- ment. Freeman v. Ellison, 37 Mich. 462. In case where no opportunity for denying the execution of the written instrument has been given, this rule does not find application. Newton v. Princi- pal, 82 Mich. 273; MoMillen v. Beach, 38 iMich. 339. The fact that a party does not make or fails to make such affi- davit is an admission that he does not mean to contest the execution, and he is bound by such admission. Peoria, etc., Ins. Co. V. Perkins, 16 Mich. 384. "The rule as framed was in- tended to leave a discretionary authority to be exercised as the justice of particular cases should require." Portsmouth Bank v. Circuit Judge, 83 Mich. 647; Freeman v. Ellison, 37 Mich. 464; Polhemus v. Ann Arbor Bank, 27 Mich. 48; Tupper v. Kilduff, 26 Mich. 394. This rule applies largely to private written instruments in that the court said: "The rule was designed to cover cases of private instruments and not such undertakings in the cause of justice as are at least prima facie evidence of themselves when produced." Elliott v. Green, 10 Mich. 113. The rule applies to: lA sub- scription paper, Detroit Cham- ber of Commerce v. Goodman, 110 Mich. 498; a non-negotiable judgment note, Brewing Co. v. McKittrick, 86 Mich. 191; a pol- icy of insurance described in the declaration, Lorscher v. Knights of Honor, 72 iMich. 330, Simon V. Home Ins. Co., 58 Mich. 279; Clay, etc., Ins. Co. v. Huron, etc., Co., 31 Mich. 346; a renewal of insurance policy set forth in declaration, Peoria, etc., Ins. Co. V. ir'erkins, 16 Mich. 384; a lease, Jacobson v. Miller, 41 iMich. 90; a replevin bond, Jennison v. Haire, 29 Mich. 211; a county treasurer's bond. People v. Johr, 22 Mich. 461: bills and notes at- tached to and served with decla- ration. Hoard v. Little, 7 Mich. 470. It is manifest that unless a new issue is framed in the cir- cuit court, the rule is not ap- plicable to appeals from justice's court. Bauer v. Wasson, 60 Mich. 195. Citpd in Dnvis v. McCamman, 168 Mich. 689. (66) MICHIGAN CIRCUIT COURT RULES. 58 (66) Rule 9. Pleading Facts Arising Subsequent to Joining Issue. When matter shall arise subsequent to the joining of issue which the defendant shall desire to rely upon as defense, he shall be at liberty to give notice thereof as a special defense under the plea of the general is- sue, and the filing of such notice shall not be deemed a waiver of other defenses. The notice shall be served under the rules for service of pleas, and no replication thereto shall be necessary. The notice shall be inter- posed under the practice heretofore regulating the fil- ing of pleas x^uis darrein continuance, and if the filing is after the case is noticed for trial, or during a term of court when the case is on the docket for trial, the plaintiff shall not be compelled to proceed to trial at that term, and costs on continuance shall be in the dis- cretion of the court. In General. The defense of settlement made after suit brought may be presented in a plea puis darrein continuance filed to the notice. In such a case the defendant un- der this rule will be permitted to give notice of its alleged settlement agreement, in the na- ture of a plea puis darrein con- tinuance. G. R. and I. R. Co. v. Circuit Judge, 161 Mich. 192. It is said that under the prac- tice at the common law, when a plea puis darrein continuance was filed it had the effect to eliminate all other defenses, as by that proceeding the defend- ant abandoned his former plea, and placed the issue of the suit entirely in the new plea. It therefore became the duty of the plaintiff to reply to such plea, and upon failure to do so his default would be taken, but under this rule, the plea stands simply as a notice under the general issue, and required no reply. \\Tiere under the facts as stated in the case, the plea should have been treated as a notice under the rule; and, if respondent failed to establish the defense set up in this plea, it was not precluded from liti- gating any defense it might properly interpose under the is- sue as it existed when the plea was filed. Nor did the interpo- sition of this plea give the re- spondent the right to open and close the case. People v. Flank Road Co., 125 Mich. 366; Burt V. Wayne Circuit Judge, 90 IMich. 522, 82 Mich. 251. See other cases: Souvais v. Lavitt, 53 Mich. 579; Grosslight v. Crisup, 58 Mich. 531; Haven v. Beidler Co., 40 Mich. 288; Vickery v. Beir, 16 Mich. 50. 59 AMENDMENTS. (67) (67) Rule 10. Amendments of Declarations, Pleas and Demurrers Without Leave of Court. (a) The plaintiff may, at any time before plea or demurrer, or within ten days after plea or demurrer, amend his declaration in matter of substance or form, of course, and without costs, unless the cause shall have previously been noticed for trial, in which case special leave of court shall first be obtained. If such amendment is made after plea or demurrer, such plea or demurrer shall stand as the plea or demurrer to the amended declaration, unless the defendant shall, ^\ithin ten days after receiving such amendment, file another plea or demurrer. (b) The defendant may, within ten days after plea or demurrer, amend the same, in matter of substance or form, of course, and without costs, unless the cause shall have been previously noticed for trial, in which case special leave of court shall first be obtained. (c) Under this rule, new counts, pleas or notices may be added. (d) No rule to amend shall be required, but a copy of the amended pleading or notice, indorsed ' ' amended declaration," "plea," "notice," etc., as the case may be, shall be filed and served vnth a notice that the same is a copy of the pleading or notice as amended. In General. This rule applies solely to amendments made without leave of court. Where under this rule a de- murrer to an amended declara- tion was filed more than ten days after the filing of the amended declaration, the court was justified in striking it from the files. Mich. United R. Co. V. Circuit Judge, 155 Mich. 479. Subdivisions (a), (b). WTiere the amended declara- tion was not filed until after the lapse of one year from the time when the injurj' was re- ceived, under this rule, a new cause of action — i. e., a different cause of action from that at- tempted to be set up in the original declaration cannot be set up by an amendment after the statute of limitations has nin against the cause of action. City of Detroit v. Circuit Judge, 125 iMich. 634. It is manifest that a party loses his right to amend, if he allows the time to pass by within which to make the amendment. People v. Washte- naw Circuit Judge, 1 Doug. 434. (68) MICHIGAN CIRCUIT COURT RULES. 60 (68) Rule 11. Common and Special Orders and Rules. (a) Every rule to which a party would, according to the practice of the court, be entitled of course, with- out showing special cause, shall be denominated a common rule; and every other rule shall be denomin- ated a special rule. All common rules and all rules by consent of parties shall be entered with the clerk at his office, in a book to be provided by him for that purpose, to be called "common-rule book," and may be entered at any time, as well in vacation as during term ; and the day when the rule shall be entered shall be noted therein, and the party may enter such rule as he may conceive himself entitled to, of course, but at his peril. (b) Except as required by statute, such rules may be filed with the clerk with the like effect as if entered as above provided. (c) All orders, made by the discretion of the court, shall be entered in the record of the proceedings of the court, and all orders made by the judge at cham- bers shall be signed by the judge and filed in the cause. In General. ing an action may be adopted See Chancery Rule 21. The against any person, whether power of a judge at Chambers. privileged from arrest or not. This rule has its source in the C. L. '97, § 9954, which pro- following statutes: vides that whenever any writ C. L. '97, § 9985 which pro- of summons issued upon an in- vides that actions brought for formation in the nature of a the recovery of any debt, or for quo warranto, shall be returned damages only, may be com- duly served, the attorney gen- raenced either: eral may therefore enter a rule, 1. By original writ; or in vacation or in term, requir- 2. By filing in the office of ing the defendants to plead to one of the clerks of the court the information filed against a declaration, entering a rule in them in twenty days after ser- the minutes kept by such clerk, vice of a copy thereof; and the requiring the defendant to plead same shall be served in the to such declaration within same manner, and with like ef- twenty days after service of a feet, as rules upon declarations copy thereof and notice of such in personal actions. rule, and serving a copy of such 'C. L. '97, § 9955. Whenever dex;laration and notice of such any such writ shall be returned rule personally on the defend- not served, by reason of the de- ant, which mode of commenc- fendants, or the officers of the 61 DEFAULTS. (69) defendants, not being found tion, to appear and plead to within the county, the court such information, within twenty shall direct a rule to be entered days after the last publication requiring the defendants, wheth- of such rule as hereinafter pro- er an individual or a corpora- vided. (69) Rule 12. Defaults and Proceedings Thereon. (a) If either party shall make default in filing or serving any pleading or notice within the time limited by rule or statute, the opposite party may have the default entered in the conunon-rule book, or filed, in vacation or in term time. (b) The default of either party being duly fided N or entered, the other party shall not be bound after- « wards to accept the pleading or proceeding which was § in default until such default shall be set aside by the court. The party desiring to have a default set aside shall, as soon as practicable after he shall know or M have reason to believe that the default has been filed or entered, file and serve an afiidavit of merits, and make application to the court to have the default set aside; and the application therefor may be granted or refused in the discretion of the court. But in cases where personal service shall have been made upon a defendant, and proceedings taken after default on the strength thereof, his default shall not be set aside unless the application shall be made within six months after such default is regularly entered. And in any case where personal service shall have been made up- on a defendant, an order setting aside his default shall be conditioned upon his pajinent to the plaintiff of the taxable costs incurred in reliance on said default, and the court may impose such other conditions as shall be deemed proper. (c) Hereafter a further order making a default absolute shall not be necessary, but judgment shall not be entered on a default unless at least one day in term has passed after such default. (d) If such default be taken by plaintiff for want of plea, he may, in cases where it is competent, make 00 (70) MICHIGAN CIRCUIT COURT RULES. 62 reference to the clerk to assess the damages; and in other cases the order shall direct that the assessment be made hj the court or by a jury. (e) When a plea is withdrawn the case shall stand as on default, and damages may be assessed at any time thereafter. iVs amended Nov. 20th, 1903. In General. A motion to set aside a de- fault judgment in garnishment proceedings is denied because the application was not made within six months after personal service, as required by this rule. Caille Brothers Co. v. Saginaw Circuit Judge, 155 Mich. 482; St. Louis Hoop Co. V. Circuit judge, 155 Mich. 313. lApplication must be made within six months. See Blen- steadt V. Clinton Circuit Judge, 142 Mich. 633; Jocque v. Mc- Rae, 143 Mich. 370; Carpenter V. Judge of Superior Court of Grand Rapids, 126 Mich. 8; Pet- ley V. Wayne Circuit Judge, 124 Mich. 14. The entry of a judgment, as defined within the meaning of this rule, is a proceeding taken after default on the strength thereof." Carpenter v. Judge of Superior Court, 126 Mich. 9; Petley v. Wayne Circuit Judge, 124 Mich. 14. Subdivision (b). It would be manifest to pro- cure the vacation of the judg- ment on motion for new trial and then, having got the judg- ment out of the way, obtain the opening of the default on the ground that there were no "pro- ceedings taken after default on the strength thereof." This would result in accomplishing by indirect action what this rule prohibits being secured by di- rect action. Traveler's Insur- ance Co. of Hartford v. Kent Circuit judge, 144 Mich. 688. In this case the default was duly entered after personal ser- vice, and although it appeared that the defaulted party was a foreigner, and did not under- stand the process served, this rule was properly applied, for the purpose of the rule was to establish a time when the liti- gation should be finally ended. Petley v. Wayne Circuit Judge, 124 IMich. 15. This rule applies only to de- faults "duly entered." It has no application to defaults improp- erly entered, neither does the rule establish a time limit to set aside defaults not properly entered in case where personal service has been had. Turner V. Ottawa Circuit Judge, 123 Mich. 617. (70) Rule 13. Notices of Trial. (a) Either party to a cause may give notice of trial for the next term of court. (b) Any party giving notice of trial may counter- mand such notice at any time before the first day of term, and in such case he shall be liable for all taxable costs to which the opposite party has been put in pre- 63 NOTICES OF INQUEST. (71) paring for trial after receiving such notice, unless the cause has been noticed by both parties; and if such costs shall be taxed and payment thereof demanded within six days after such countermand, payment may be compelled at once by attachment, or in default of I)ayment the case may be placed on the calendar for trial. (c) Any party who shall have noticed a cause for trial and not countermanded such notice, may be com- pelled to proceed to the trial thereof at the term for which the same was noticed, unless the same is con- tinued on cause showm, and there is a compliance with such terms as the court may impose. In General. This rule has its source in the following statute: C. L. '97, § 10220 which pro- vides that written notice of trial of every issue of fact in a cir- cuit court, shall in all cases, be served at least fourteen days before the first day of the court at which such trial shall be in- tended to be had, and this pro- vision shall apply as well to causes pending in chancery, wherein the right of an exam- ination of witnesses in open court shall have been secured by either party, according to the provisions of law therefor, as in a suit at law. The court said: " * * we find nothing to indicate any practice of noticing for trial by defendant, and it was apparently introduced here by Rule 55, given effect June 15th, 1858 (Circuit Court Rule, No. 13 Rules of 1897). At least it was then that the rules expressly so provided. See Rule 95, Rules 1877. See Circuit Court Rules published in 2 'Michigan in force in April 1853. It is fair to state that there were two rules, one given effect in 1845, and one in 1847, which possibly imply the recognition of a practice for either party to notice a cause. See Rule of 1843, Rule 31, and Rules of 1847, Rule 69. The lat- ter is unimportant so far as the question under discussion is concerned, the former may be thought to be so, as it was prior to the revision of 1846." * « ^ « "We are therefore of the opin- ion that since the adoption of Rule 54, the reason for dismiss- ing a cause for want of notice, under >C. L. '97, § 10252, no longer exists, and that some neglect to bring said cause to trial, other than a mere failure to notice the cause, should be shown before a nonsuit should be ordered." Abe Stein Co. v. Wood, 151 Mich. 658. (71) Rule 14. Notices of Inquest. is^ ®^ (a) The plaintiff in any action on money bonds, promissory notes or bills of exchange, at issue as well (71) MICHIGAN CIRCUIT COURT RULES. 64 as at default, may have the same called out of its or- der on the calendar, and an inquest taken and judg- ment rendered thereon on any day of the term after the first, in all cases where parties are sued in their individual capacity, unless the defendant or his at- torney shall, before the first day of the term, have filed an affidavit of merits, and served a copy thereof on plaintiff's attorney: Provided, the intention of the plaintiff to take an inquest under the rule be expressed in the notice of trial. (b) The plaintiff in any action on an open account may have the same called out of its order on the cal- endar and judgment rendered thereon on any day of the term after the first, unless the defendant or his at- torney shall, before the first day of the term, have filed an affidavit of merits and served a copy thereof on plaintiff's attorney. Provided, the intention of the plaintiff to take such course under the rule be expressed in the notice of trial, and the same be accompanied by the affidavit of the plaintiff, his agent or attorney, showing the amount of the indebtedness over and above all legal set-offs, and that he has good reason to believe and does believe that the defendant has no de- fense to the plaintiff's action, and that he believes the plea is interposed for the sole purpose of delay. And provided further, that a bill of particulars of the plaintiff's demand, containing the debit and credit items of the account, accompany the notice of trial and inquest, unless the same shall have been pre- viouslv filed and served. In General. The assignments of error challenge the constitutionality of this rule. The court said: "(Although we are entirely satis- fied that there is no merit in defendant's contention that this rule is invalid, as depriving liti- gants of their constitutional rights to defend suits against them, as depriving them of their property without due process of law, we must decline to consider the question upon this record, in view of defendant's response to the question of the trial judge. Selling v. Berger, 161 Mich. 528. See other cases re- lating to this rule: People ex re!.. Holmes v. Grant, 117 Mich. 613; Wells v. Booth, 35 Mich. 424; G. R. Furn. Co. v. Burnham, 34 Mich. 29. 65 NOTES OF ISSUE. (73) Cited in Deneen v. Street are not called upon to deter- Railway Co., 150 Mich. 237. mine whether the present case Cited in People v. Grant, 117 could have been noticed for In- RTich. 613. The court said: "We quest under this rule." (72) Rule 15. Affidavit of Merits. An affidavit of merits shall be made by the de- fendant, his agent or attorney, having personal knowl- edge of the facts, and shall set forth that the defend- ant has a good and substantial defense to the plaint- iff^s action (or to a portion thereof) upon the merits as the deponent verily believes, and it shall appear in the affidavit that the facts pertaining to the action have been fully and fairly stated to the defendant's counsel, naming him, and that the defendant upon such statement has been advised by such counsel that he has a defense to the action (or to some portion thereof) upon the merits. (73) Rule 16. Notes of Issue. (a) The party noticing a cause for trial shall, at least twelve days before the first day of the term, file Avith the clerk a note of issue, giving the title of the cause, the names of the attorneys, the date of joining issue or of filing appeal, and the cause of action. If a jury has previously been demanded the same shall also appear in the note of issue. Provided, that, in the court's discretion, for cause shown, the court may, not later than the first day of the term, add to the term calendar a cause which has been regularly noticed for trial, although a note of issue was not filed. And in appeal causes, the note of issue shall be filed eight days before the first day of the term. (b) The prosecuting attorney shall, at least four days before the first day of term, deliver to the clerk a fist of all such criminal cases as he intends to bring on to trial, or in which any action of the court may be required. (74) MICHIGAN CIRCUIT COURT RULES. 66 In General. such court, before each term thereof, as shall be provided by This rule has its source in the rule of each circuit court, the following statute: except where no rule is provid- C. L. '97, § 10221 which pro- ed in any circuit court, the vides that a note of issue joined same shall be served four days in any cause in a circuit court before the first day of said shall be served on the clerk of term. (74) Rule 17. Demand for Jury. A party desirous of a trial by jury shall make his demand for a jury in writing and file such demand with the clerk at least eight days before the first day of the term for which the cause is noticed for trial; otherwise he shall be deemed to have waived his right to a jury. Provided, however, that the court may, in its discretion, for cause shown, transfer a cause to the jury calendar, although the demand for a jury was not filed as herein provided. And provided further, that only one demand for jury shall be necessary in any one case. (75) Rule 18. Term Calendar— How Made Up. (a) Previous to each term, the clerk shall prepare a calendar of causes for the term. The same shall be made up in the following order: 1. Criminal cases. 2. Jury civil cases. 3. Non-jury civil cases. 4. Issues of law. 5. Chancery cases, including issues of law in such cases. (b) Criminal cases shall have precedence. Jury and non-jury and chancery cases shall have precedence in the order of the respective dates of joining issue, or, in appeal causes, the respective dates of filing the appeal. In General. of court, shall be procured by Thi. rule has Its source in IL' tdg'^ "o'Thf clS'coVt' the following statute: at the Ixpenseot the count"' C. L. '97, § 2574 which pro- and the board of supervisors of vides that the books necessary the county shall audit and al- to be kept and used in the low the account for such books clerk's oflBce, and also, printed and calendars, on the certificate calendars for each regular term of said judge. 67 MOTIONS AND PETITIONS. (76) (76) Rule 19. Motions and Petitions. (a) All petitions and special motions (except mo- tions for continuance and motions to strike causes from calendar) shall be in writing and shall be signed by the attorney, or counsel, of the party in whose behalf the same are entered, and shall set out briefly but distinctly the grounds upon which the same are founded, and with the affidavits supporting the same shall be filed in the office of the clerk of the court on or before the day on which they are noticed for argu- ment. (b) Notice of the argument of motions and peti- isi i96 tions (except motions for continuance and motions to strike causes from calendar), together with a copy thereof and of the affidavits on which they are based, shall be served on the opposite attorney at least four days before the time noticed for hearing the same. Provided, that for good cause the court may hear such argument on shorter notice. (c) Motions and petitions shall be argued on the day for which they are noticed, if the party has an opportunity to be heard on that day, unless the court (or circuit court commissioner, in a matter pending before him) shall otherwise direct. If there is not sufficient time to finish the business noticed for any day, it may be continued from day to day until it is completed; or it may be adjourned to some subsequent day. And motions and petitions which cannot be heard on the day for which they are noticed shall, in the absence of special order, stand continued from day to day without any special continuance. (d) Not more than one counsel on each side shall be heard on the argument of any petition or motion, the mover being entitled to open the argument and to reply to the argument of the opposite counsel. In General. missioners on claims against the estate of a decedent is a special A motion to dismiss an ap- motion, and the appellant is en- peal from an allowance of the titled to the notice provided by claim of plaintiff by the com- this rule before it could be (77) MICHIGAN CIRCUIT COURT RULES. 68 brought on to be heard. Pru- den V. Clark, 148 Mich. 164. Subdivision (b). Under this rule there is no good reason why it should not be held that the application for change of venue required by the Statute, Act No. 309, Pub. Acts 1905, comes within this rule. Peterson v. St. Clair Circuit Judge, 143 Mich. 81. Cited in State Road Bridge Co. V. Circuit Judge, 148 Mich. 398; Shaw-Walker Co. v. Pitz- simmons, 148 Mich. 629; Wester V. Wheeler, 119 Mich. 601. In this case the court said: "We need not decide whether man- damus proceedings are covered by this rule or not, because, af- ter the motion to dismiss was denied, the respondent answered and went to a hearing." (77) Rule 20. Stay of Proceedings to Make Mo- tions. Whenever a stay of proceedings may be necessary in order to make a special motion, the judge may grant an order for that purpose; and service of such order, with copies of the afl&davits on which it is grounded, and the notice of the motion, shall operate as a stay of proceedings until the order of the court is had in the premises, unless the judge shall in the meantime supersede or set aside such order. But the proceed- ings shall not be staj^ed for a longer time than to en- able the party to make his motion according to the practice of the court, and if made, until the decision of the court thereon. In General. The following statute has a bearing upon this rule: C. L. '97, § 10355 which pro- vides that no stay of proceed- ings upon any verdict or judg- ment rendered in any circuit court in this state shall here- after be granted or allowed for the purpose of moving for new trial or settling a bill of excep- tions in the case in which such verdict or judgment was ren- dered, for a longer period than twenty days, unless the party applying for such stay, if judg- ment Fhall have been rendered against him, shall execute to the adverse party a bond with sufficient sureties in such sum as the circuit judge, before whom the cause was tried, shall designate, conditioned to pay such judgment if the same is not set aside or reversed and that if a writ of error is issued in said cause that the appellant shall prosecute his writ to ef- fect and shall pay and satisfy such judgment as shall be ren- dered against him therein. No- tice of the time and place when said bond shall be presented to the circuit judge for approval shall be served upon the ad- verse party at least four days before the same shall be ap- proved. 69 MOTIONS FOR CONTINUANCE. (79) (78) Rule 21. Motions for New Trials. Motions for a new trial and motions in arrest of judgment, with the reasons on which they are found- ed, shall he filed and a copy thereof be served on the opposite party within five days after the rendition of a verdict, in the case of a trial by jury, and within a like time after the decision of the court, when the cause has been tried by the court, or within such further time as shall be allowed therefor by the court or judge. Such motions may be brought on for hearing by either party before the court, and the decision on such motion may be made by the judge and entered in vacation as of the last day of the preceding term. In General. This rule covers rehearings upon certiorari, and that the mo- tion in this case asking for a rehearing, although the case came up on certiorari from jus- tice's court, was in compliance with this rule. Hirsh v. Fisher, 138 Mich. 99. This rule is not changed or affected by statute C. L. '97, § 10136. Eckhoff v. Wayne Cir- cuit Judge, 129 Mich. 157. This rule does not preclude the court from granting an ex- tension of time by an ex parte order, for it will be observed that there is no such limitation of time as there is in the rule relating to the settlement of bills of exceptions. The provi- sions do not interfere with the common law discretions of the court. They only fix a time be- yond which no one could move for a new trial as a matter of right. Hayes v. Ionia Circuit Judge, 125 Mich. 277. (79) Rule 22. Motions for Continuance. (a) No motion for the continuance of a cause made after the first day in term shall be heard, unless a sufficient excuse is shown for the delay, and on a sec- ond application by a party for the continuance of a cause, the party so applying shall state, in addition to the usual requisites, the facts which he expects to prove by the absent witness, and shall also state with particularity the diligence he has used to procure his attendance. In case it is admitted by the opposite party in a civil cause that the witness named would, if placed on the stand, testify as stated in such affida- vit, the motion for a continuance shall be denied, un- (80) MICHIGAN CIRCUIT COURT RULES. 70 less the court, for the furtherance of justice, shall deem a continuance necessary. (b) If the party receiving notice of trial shall serve a notice on the opposite party that he will move for a continuance of the cause at the term for which it is noticed, together with a copy of the affidavits upon which he intends to found the motion, he shall not be liable to such party for any costs of preparing to try the cause, accruing from the service of such notice and affidavits, in case a continuance is granted on the papers so served, excepting such as may be unavoid- able. (c) When a continuance is granted upon payment of costs, such costs may be taxed summarily by the court, and on being taxed, shall be paid on demand of the party, his agent or attorney ; and if not so paid, on affidavit of the fact, such continuance may be vacated, or the court may grant an attachment therefor, with the accruing costs. In General. The motion for continuance was denied because it was not made till the second week of the term, and as there was not excuse shown for delay in mak- ing the motion the first of the term, under this rule, the motion was not open to review. Schurtz V. Kellog, 119 Mich. 383. See other cases relating to continuance: Winklemeir v. Daiber, 92 Mich. 621 ; MicDonald V. "Weir, 76 Mich. 243; Bussey V. Bussey, 71 Mich. 504; People V. Mason, 62 IMlch. 510; People V. lAnderson, 53 Mich. 60; Jen- nings V. Sheldon, 53 Miich. 431; Begole V. Ionia Circuit Judge, 32 Mich. €1. (80) Rule 23. Genuineness of Documents. Either party may exhibit to the other or to his attorney, at any time before the trial, any paper ma- terial to the action, and request an admission in writ- ing of its genuineness. If the adverse party or his attorney fail to give the admission mthin four days after the request, and the delivery to him of a copy thereof, if snch copy be required, and if the party ex- hibiting the paper be afterward put to expense in or- der to prove its genuineness, and the same be finally proved or admitted on the trial, such expense, to be 71 CONDUCT OF TRIALS. (81) ascertained and summarily taxed at the trial, shall be paid by the party refusing the admission, unless it shall appear to the satisfaction of the court that there were good reasons for the refusal, and an attachment or execution may be granted to enforce payment of such expenses. (81) Rule 24. Conduct of Trials. (a) On the trial of a cause it shall be the duty of the plaintiff's counsel, before offering evidence to sup- port the issue on his part, to make a full and fair state- ment of his case and of the facts which he expects to prove. After the evidence is closed on the part of the plaintiff, and before any evidence is offered on the part of the defense, a like statement shall be made by the counsel for the defendant, or at his election such statement may be made at the conclusion of the state- ment by the plaintiff's counsel. (b) The plaintiff shall, in all cases except as stated below and except where otherwise ordered by the court, commence the evidence. On the trial of issues of fact, one counsel only on each side shall examine and cross-examine a witness. No more than two hours shall be allowed to either side for the summing up of a cause, unless the court shall otherwise order, but counsel upon either side shall be allowed at least one- half hour if it is desired. Provided, That any judicial circuit, which shall, for the expedition of its business, provide by local rule for the speedy disposition of short causes, the time herein provided for argument may be left entirely to the discretion of the trial judge, when the case is being tried by virtue of the provision of said local rule. (c) Whenever, in any action, the defendant, by notice accompanying his plea, waives the benefit of the general issue and admits the facts alleged in the plaintiff's declaration, but attempts to defeat the plaintiff's recovery by set-off or by recoupment, or by affirmative defense which, if true, defeats plaintiff's re- (82) MICHIGAN CIRCUIT COURT RULES. 72 covery, such defendant shall have the opening and closing in the taking of testimony and in the argument on the trial of the cause. (d) It shall not be necessary to call the plaintiff when the jury return into court to deliver their ver- dict, and the plaintiff shall have no right to submit to a nonsuit after the jury have gone from the jury box to deliberate upon their verdict. Subdivision (b). Under this rule the time for argument rested in the discre- tion of the circuit judge, and in this particular case an allow- ance of 35 minutes to each coun- sel was not an abuse of the dis- cretion. People V. Smith, 122 Mich. 286. See other cases re- garding this rule: Tuller v. Gin- burg, 99 Mich. 137; Malone v. Gates, 87 Mich. 338; Cook v. Insurance Co., 86 Mich. 555; Baumier v. lAutian, 65 Mich. ?8. Cited in Providence Jewelry- Co. V. Bailey, 159 Mich. 287; Preston v. Newcomb, 149 Mich. 512. (82) Rule 25. Court May Require Parties and Wit- nesses to Testify. In any suit, whether contested or not, the court may, for the furtherance of justice, call upon any or all of the parties to such suit, or any witness therein, to testify orally in open court, and may continue or keep open the cause for that purpose, and may issue process to compel the appearance of such party or witness before the court. In General. This rule is founded on the following statute: C. L. '97, §211. Which pro- vides that the Supreme Court may, at any time, in accordance with and for the speedy further- ance of justice in any suit either at law or in equity, call upon the parties to such suit, or any witness thereto, to testify, orally in open court; and said court may, by rule, provide for a sim- ilar practice in the circuit courts. But no party or witness whose evidence may not be re- ceived under the statutes of the State shall be called upon to testify under the provision of this section. The following cases have a bearing upon this rule: Rice v. Rice, 104 Mich. 387; Spry Co. V. Steam Barge, 76 Mich. 320; Eaton V. Knowles, 61 Mich. 633; Hamilton v. Hamilton, 37 Mich. 603. 73 FINDINGS OF FACT AND LAW. (83) 175 400 (83) Rule 26. Demand for Special Findings of Fact and Law by the Court. ise 294 304 (a) "When cases are tried by the court without a j 186294 jury, either party may, if he sees fit, at any time before judgment, present such points of law as may be deemed material, in the same manner in which such points are presented upon requests to charge in jury trials, and the court in its findings shall pass specially on all such points, as in charging a jury, as near as may be. AVhenever such points are presented, and also whenever the court is requested in writing before judgment, the facts as well as the law shall be em- bodied in the finding. (b) If either party considers the finding not sufiB- ciently full or definite on facts or law, or both, he shall, within ten days after judgment (or such other time as may be granted by the court), propose such amend- ments to the finding as he may see fit, and serve copies thereof on the adverse party; and such finding shall be settled by the judge who tried the cause, at such time as may be fixed by him for that purpose. The same practice shall prevail in case any party is ag- grieved by the refusal or omission to perfect such finding as prevails in cases of exceptions. (c) Within four days after the filing of such com- pleted finding (or such other time as may be allowed by the court), any party aggrieved may briefly, in writing, allege exceptions to the matters of law em- bodied in such finding, and such exceptions shall be thereafter put in form and settled in the same bill, which may contain the exceptions taken during the trial, and in the same manner with bills of exceptions in other cases. (d) The finding of the facts by the court shall be treated in all respects as a special verdict, and error may be alleged that the same does not support the judgment, as on a special verdict ; but no ruling of law embodied in such finding can be reviewed except on exceptions, or on a case made as provided by statute. (83) MICHIGAN CIRCUIT COURT RULES. 74 In General. This rule was not complied with where the proposed amend- ments to the findings were not presented within ten days in ac- cordance with its requirements. Thurber v. Aldrich, 167 Mich. 658. It is essential that this rule be complied with in an action for ejectment tried by the court, without a jury where the court, after arguments, at once ex- pressed its views generally and its conclusions about what ought to be done, and where no re- quest was made of the judge for findings and no exceptions taken to the conclusion. Wil- son V. Hugus, 163 Mich. 577. There is nothing in this court to review where a case was tried before the judge without a jury and where during the proceedings no objection was made, and no exceptions taken to the admission of testimony, no request was made for special findings of fact and law bv the judge, and no exceptions were taken to the rendition of judg- ment, as required under this rule. IMichal v. Ward. 156 Mich. 137. No reouest for written find- ings of fact and law was made by either party. The court made a statement in deciding the case, which was taken down by the reporter, but this is not the findings contemplated by this rule. Rice v. City of Mus- kegon, 1 50 Mich. 680. The court said: "This court has repeatedly held that the flndinps of fact by the court in a trial with a jury, under this rule, are conclusive, unless there is a total want of evidence, or where the finding is contrary to the undisputed evidence." Cru- soe Bros. Co. V. Kudner, 136 Mich. 587. Subdivision (b). The amendments having been proposed to the findings in question, the assumption is that the evidence warranted the find- ings. Becker v. Headstein, 137 Mich. 480; Merrill v. Newton, 99 Mich. 226 and cases cited there; Congdon v. Bailey, 121 Mich. 570. Cited in Smith v. Wayne Cir- cuit Judge, 158 Mich. 590; U. S. Graphite Co. v. iCircuit Judge, 158 IMich. 601; Caille Bros. Co. V. Circuit Judge, 155 Mich. 483; People V. Smith, 146 Mich. 195; Cannon v. Mclntyre, 140 Mich. 27. No request was made of the circuit judge that he make amended or further findings. Cited in : White v. U. 9. Gyp- sum Co., 168 M'ich. 240; Silfver V. Daenzer, 167 Mich. ^fi8; White V. Schaberg, 131 Mich. 320. The court said: "Under this rule it is settled by re- peated decisions of the court that the record will not be ex- amined for the purpose of as- certaining whether the testi- mony supp'brts the findings of fact, unless the findings are ex- cepted to under this rule." Roberts v. Waterman. 96 Mich. 233; Haines v. Saviers, 93 Mich. 440. Cited in Stearns v. Wiborg, 123 Mich. 507. The court said: "To this finding and judgment no exceptions were taken as re- quired by this rule." Cited in Stafford v. Crawford, 118 M)ich. 285. 574 (84) Rule 27. Discontinuance — Several Defendants. (a) The plaintiff may, at any time, upon notice to the defendant or his attorney, and on the payment Place amon^ the notes to (84), page 75. Subdivision (b). power to direct a verdict in fa- Under Circuit Court Rule 27, "^o^' of one of two joint tort actions ex dclhtn as well as ex feasors. Pruner v. Detroit contractu are within its provi- United Railway. 1!) D. L. N. sions, and it gives the trial court '^^^•''- 75 DISCONTINUANCE. (84) of costs, discontinue his suit, by order filed or entered in the cause, except where a set-off is asserted by the defendant. (b) When an action is brought against several persons, the plaintiff shall, at any time before the final submission of the cause, be allowed to discon- tinue as against any of the defendants, upon the pay- ment of costs to them, as in case of nonsuit, and upon such other terms as the court shall direct, and the plaintiff may thereupon amend his declaration, and proceed against the other defendants in like manner, as if the action had been originally brought against them alone. (c) But in case an action is brought against two or more defendants, the plaintiff shall not be required to discontinue as to any of them, but the jury shall show by their verdict, or the court by its finding, in a trial by the court without a jury, which of them are and which of them are not liable to the plaintiff, and judgment shall be given accordingly. In General. fendants was the contracting This rule is authorized by Party, and he did not know the following statute: which, and wished to leave the a L. ;97. § 196 Suhd 10. wh^ch J-stion which^on^e was^l^ahle reads to P^^^^^de the manner ^ceedings was in compliance by which a discon inuance may ^^.^^ ^^.^ ^^^^^ ^^^^ McBride be entered against parties im- ^ properly joined in any suit, and by which parties improperly 'This rule was adopted to meet omitted may be joined in the such cases as this which orig- suit and brought in to answer inatp6 in the circuit courts, and thereto, if within the jurisdic- it has no application to cases tion of the court. originating in justices' courts. Where the declaration, in Wright v. Reinelt, 118 Mich. 638. form, charges a Joint contract This rule was adopted with a and evidence, to prove it, was view of preventing a mistrial in required showing that the two cases of misjoinder of defend- defendants, upon the one part, ants, and is based upon the au- made a joint contract with the thority of C. L. '97, § 19G, which plaintiff, upon the other, but be- confers power upon this court tore any proof was offered, the to adopt rules having the pur- counsel for plaintiff abandoned pose to prevent the defeat or such a elaim, saying that the abatement of any civil suit on two defendants did not contract contract for either misjoinder or with him, yet intimating that nonjoinder of parties, where the one or the other of these de- same can be done consistently (85) MICHIGAN CIRCUIT COURT RULES. 76 with justice. Durgin v. Smith, 115 Mich. 243. Thus, where all the defend- ants were joined in a single count, a misjoinder of defend- ants will not operate to abate the suit. Durgin v. Smith, 115 Mich. 243. The court said: "The rule was not designed to change any legal rights, but merely to en- able a plaintiff who had sued more parties than he could re- cover against to amend his case by declaring against his real debtor." Winslow v. Herrick, 9 Mich. 380. Subdivision (b). Under this rule one of the de- fendants in this case had a right to ask payment of costs before discontinuance, but failing to in- sist upon it, and permitting the entry of the order of discontin- uance and the trial to proceed, the right of immediate payment was waived. Townsend v. .Jack- son Circuit Judge, 157 Mich. 231. Subdivisions (b), (c). Under this rule the misjoinder of the defendant township is not necessarily a fatal point. Hoch V. Township of lAllendale, 161 Mich. 583. The court said: "In Anderson V. Robinson, 38 Mich. 407, the plaintiff was denied the right given by subdivision fb) of this rule to discontinue against one of two defendants, who had ap- pealed to the circuit court from a joint judgment rendered by a justice upon the ground that "the appeal contests the liability asserted in the court of original jurisdiction, and if a joint one, the appellee has no power to change it into an individual lia- bility in the appellate court against the consent of the ap- pellant; and the court said: 'A contrary course would lead to strange and unjust results.' Since these decisions were ren- dered the legislature has, by Act No. 137 of the Public Acts of 1903 (this is an amendment of Act No. 199, Pub. Acts 1899), made the practice in justice's court conform to that prescribed in subdivision fc) of this rule." Hillman v. Hulett, 149 Mich. 294. Subdivision (c). Where one of the parties ad- mitted his liability under this rule the jury should have been instructed to render a verdict against him, provided they did not find a third party liable. McPherson v. Pinch, 119 Mich. 36. See other cases relating to the subject: Hall v. Calhoun Cir- cuit Judge, 123 Mich. 555; Sligh Furn. Co. v. Shannon, 113 Mich. 473; French v. Weise, 112 Mich. 586; Heavenrich v. Circuit Judge, 111 Mich. 163; Beckman V. Sylvester, 109 Mich, 183; Codd V. Seitz, 94 Mich. 193; Post v. Shafer, 63 iM'ich. 82; Munn v. Haynes, 46 Mich. 141, 146; Tay- ler V. Dansby, 42 Mich. 84; An- derson V. Robinson, 38 Mich. 409; Andre v. Fitz Hugh, 18 Mich. 94; Yawkey v. Richard- son, 9 Mich. 531. ^>. Q -S (85) Rule 28. Service of Papers. When the attorney for the adverse party resides or has his office in the same city, village or township as the attorney making the service, papers shall be served as follows: ^''Q 326 77 SERVICE OF PAPERS. (86) (a) By delivering the same to the attorney per- sonally. (b) Or, by leaving the same in his office with his clerk, or with a person having charge thereof. (c) Or, when no person is to be found in his office, by leaving the same, between the hours of six in the morning and nine in the evening, in some suitable and conspicuous place in such office. (d) Or, if the office be not open, so as to admit of service therein, then by leaving the same at the resi- dence of the attorney with some person of suitable age and discretion. 330 (e) Or, by depositing the same in the postoffice of tne city, village or township, inclosed in an envelope, plainly addressed to such attorney, with postage fully prepaid. (86) Rule 29. Service of Paper by Mail. When the attorney resides or has his office in a different city, village or township than the attorney making the service, papers shall be served as follows : (a) By delivering the same to the attorney per- sonally, or by leaving the same in his office with his clerk or with a person having charge thereof. (b) Or, by depositing the same in some postoffice directed to the attorney at his business address, with postage fully prepaid, such address to be ascertained according to the best information and belief of the person making such service. And in such case the time of service must be increased one day for every one hundred miles distance, or fraction thereof, be- tween the place of deposit and the place of address. In General. tions on which the validity of The court said: "It is a gen- such service must depend had eral rule that, when service is existence." Clark v. Adams, 33 sought to be made by mail, it Mich. 162; Raymond v. Hinck- shoukJ appear that the condi- son, 15 Mich. 516. (87) MICHIGAN CIRCUIT COURT RULES. 78 (87) Rule 30. Service on Several Defendants or Several Attorneys. (a) In cases where there are two or more defend- ants, who appear by different attorneys, service of all papers in behalf of the plaintiff shall be made on the attorney for each of the other defendants. (b) And in such case service of all papers in be- half of any defendant shall be made on the attorney for each of the other defendants, and upon the attor- ney for the plaintiff. (c) In case two or more attorneys appear for the same party or parties, service on any one of said at- torneys, whether they be partners or not, shall be suflB- cient. But this shall not apply to attorneys appearing as ** counsel" only. (88) Rule 31. Service on Party Prosecuting or De- fending in Person. When a party prosecutes or defends his cause in person, service of papers may be made on him in the manner hereinbefore provided for service on attor- neys, whether such party be a licensed attorney or not. In General. See €obb v. Superior Judge, 43 Mich. 289. (89) Rule 32. Service in Exceptional Cases. In all cases where service of papers cannot reason- ably be made on account of the lack of an attorney of record, or the inability to find a party, or for any other reason, the court in which such cause is pending, or judge thereof at chambers, upon an ex parte appli- cation, on cause shown, may direct in what manner and on whom service may be made. (90) Rule 33. Service of Papers in Appeal Cases. In appeal cases, where the party upon whom pa- pers, including notices of trial, are sought to be served, 79 SERVICE. (92) has not appeared by attorney, service may be made upon such party personally, or by mail in the manner provided for service on attorneys by mail ; and if there be two or more such parties who are partners, service upon one shall be sufficient. If such party is not a resident of the state, or if his place of residence can- not be ascertained, such papers may be served by posting the same in a conspicuous place in the office of the county clerk, and if the same be a notice of trial, the same shall be posted at least twenty days before the first day of the term for which the cause is no- ticed, and if the postoffice address of said party be known or can be ascertained, a copy shall be mailed to him. But proof of such service, mailing or posting, and the facts authorizing such posting, shall be filed before the court shall take any action on the strength thereof. In General. Circuit Judge, 41 Mich. 549; Mc- Caslin v. Camp, 26 iMich. 389; See People ex rel v. St. Clair People v. Bacon, 18 Mich. 252. (91) Rule 34. Service on Party Charged With Con- tempt, and on Party Imprisoned. (a) When the object is to bring the party into contempt for disobeying any rule or order of the court, the service shall be on such party personally, unless otherwise specially ordered by the court. (b) When the defendant is returned imprisoned for want of bail, a copy of the declaration shall be de- livered to him or to the sheriff or jailer in whose cus- tody he shall be, and when an exception is entered to bail, and no notice of retainer of an attorney to defend is given, notice of such exception shall be delivered to the sheriff or one of his deputies. (92) Rule 35. Service Required— When. No service of papers shall be necessary on a de- fendant who has not regularly appeared, except as (93) MICHIGAN CIRCUIT COURT RULES. 80 specially required by rule or statute. But a defendant who has appeared by notice of retainer or appearance shall be entitled to notice in advance of all future pro- ceedings in the cause, although he may not have fol- lowed his appearance by plea or demurrer. In General. Where the principal defendant sought to have a writ of garnish- ment dismissed because he was not served in advance with no- tice of an intention to issue the same, or of the subsequent pro- ceedings thereunder, the court maintained that this rule de- fines the practice in a single case, namely, when a party has appeared, but has not pleaded. It was not the intent ol this rule to compel the giving of no- tice in advance in any case where, under the old rules of practice, it was necessary to apprise the opposite party in ad- vance of the proceedings about to be taken. Ketcham v. Kent Circuit Judge, 115 Mich. 60. See service in general: Finnegan v. Supervisor, 19 Mich. 9. (93) Rule 36. Computation of Time on Service of Papers. (a) The day on which any rule shall be entered, or order, notice, pleading or paper served, shall be excluded in the computation of the time for comply- ing with the exigency of such rule, order or notice, pleading or paper, and the day on which a compliance therewith is required shall be included, except where it shall fall on Sunday, in which case the party shall have the next day to comply therewith. (b) When, by the terms of any order, an act is directed to be performed instanter, it shall be done within twenty-four hours. (Thanksgiving Day) intervened between the giving of notice and the day of hearing. Lecky v, Bishopp, 150 Mich. 258. "It seems to be well settled that where an act is required by statute to be done within any number of doys less than a week, Sunday is to be excluded." Canpfield v. Cook, 92 Mich. 626. "The general rule in regard to notices which has always prevailed in this State includes the day of performance and ex- !n General. This rule has been construed, when it was rule 7, that the day of service is to be excluded and the first day of the term and an intervening Sunday are to be included in the computation of time on notices of hearing and notices of motion. Anderson v. Bangham, 6 Mich. 297. Subdivision (a). The notice was sufficient un- der this rule although a holiday Place among the note to (93), page 80. In General. Sunday, for the defendant has \ ^^f^ li. 4. 1 -.r J all of iMonday in which to enter A defauk entered on Monday i.i^ appearance under the provi- is void and prema ure where the ^ions of Circuit Court Rule No. fifteen days to plead after ser- sc. Yolhers v. Stafford Manu- v,r.p of summons expires on facturing Co., 19 D. L. uX. 511. 8i ENTITLING PAPERS. (94) eludes the day from which no- tice begins to run." Gantz v. Toles, 40 Mich. 728. "In the construction of rules of court in relation to pleading and other mere matters of prac- tice, it is well settled that, if the last day fall on Sunday, the party has the whole of the next day in which to perform the act required. In the construction of statutes courts have applied the same rule where the time is any number of days less than a week. Drake v. Andrews, 2 Mich. 205. As to statutes relating to spec- ial proceedings: See Cox v. Commissioners, 83 Mich. 193; Lane v. Burnap, 39 Mich. 736 People ex rel. v. Commissioners, 38 Mich. 247; Power's Appeal, 29 Mich. 504; Sallee v. Ireland, 9 IMich. 154; Dousman v. O'Mal- ley, 1 Doug. 450. (94) Rule 37. Entitling Papers. isi i^"? (a) All papers and the copies thereof for service shall be fairly and legibly written or printed, and be indorsed as hereinafter provided, and the clerk shall not file such as do not conform to this rule. (b) All papers, except process and pleadings by which the cause is commenced, shall be entitled in the court and cause, and the plaintiff's name shall be placed first. Provided, that affidavits annexed to and referring to another paper which is properly entitled in the court and cause need not be entitled. (c) In cases where there are two or more plaintiffs or two. or more defendants, it shall be sufficient in en- titling papers to name the first-named plaintiff and the first-named defendant Avith the usual indication of other parties, provided there be added the official number of the cause. Provided, further, that in all orders and notices required to be published the full names of all parties shall appear in the title of the cause. (d) All papers for filing or service shall also con- tain on the outside an abbreviation at least of the title of the court and cause and the character of the paper. In General. By virtue of this rule and general practice all notices re- lating to legal proceedings must be in writing. Mason v. Kel- logg, 38 Mich. 141. .^ (95) MICHIGAN CIRCUIT COURT RULES. 82 (95) Rule 38. Court Files. The clerk shall indorse on every paper the day on which the same is filed, and shall not suffer or permit any writ, pleading, affidavit, deposition, or other pa- per whatever, on file in his office, to be taken therefrom without the order of the court or a judge thereof; but parties interested in any such may inspect the same in his office, and take copies thereof. In General. clerk becomes part of the rec- ords of the court, and cannot be "The filing placed upon the contradicted by parol evidence, papers, under this rule, by the Sweet v. Gibson, 123 Mich. 701. i>teMich. 396. (118) MICHIGAN CHANCERY COURT RULES 102 176 293 (118) Eule 2. Verifying Bills of Complaint. (a) Sworn bills may be verified by the oath of the complainant, or in case of his absence from the state, or other suflScient cause shown, by the oath of his agent, attorney or solicitor. (b) In bills which are to be verified by the oath of the party, the several matters stated shall be stated positively, or upon information or belief only, accord- ing to the fact. The oath administered to tlie party shall be, in substance, that he has read the bill, or has heard it read, and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated to be on his in- formation and belief, and as to those matters he be- lieves it to be true; and the substance of the oath shall be stated in the jurat. (c) The bill may be sworn to before any officer authorized by the laws of this state to administer oaths or take affidavits. It may also be sworn to be- fore any notary public or other person authorized by the laws of any other state or territory to administer oaths ; but if sworn to in any other state or territory, there shall be added the certificate of the clerk of some court of record of the county, under the seal thereof, showing the official character of the person adminis- tering the oath, and the genuineness of his signature. The bill may be sworn to in any foreign country be- fore any minister or other diplomatic agent or consul of the United States, or any notary public ; but the cr- tificate of such notary shall be made under his no- tarial seal. In General. Cases relating to the matter: Ist. Bill need not be sworn to: Wardle v. Cummings, 86 Mich. 395; Slidden v. Norwell. 44 Mich. 203; Robinson v. Baugh, 31 Mich. 292; Moore v. Cheeseman, 23 Mich. 335; At- water v. Kinnean, Harr. Ch. 245. 2nd. Mechanic's lien bill: Lebanon Township v. Burch, 78 Mich. 641; Benier v. Benler, 72 Mich. 45; Moore v. Cheeseman, 23 Mich. 332. 3rd. Amended devisee bill: Tackaberry v. Tackaberry, 101 Mich. 104; Harrison v. Harrison, 94 Mich. 559; Green v. Green, 103 MICHIGAN CHANCERY COURT RULES (120) ?6 M/ich. 437; Briggs v. Briggs, Co, v. Detroit Co., 61 Mich. 9; 20 Mich. 34. Manistique Co. v. Lovejoy, 55 4th. Bill asking for prelim- Mich. 190. inary injunction: Toledo, etc., (119) Rule 3. Security for Costs by Non-Residents. In all cases where the complainant is not a resi- dent of this state, before process shall issue, a bond in the penal sum of one hundred dollars, with one or more sufficient sureties, shall be filed with the reg- ister, to be approved bj" him, conditioned to pay all such costs as shall be decreed against the complain- ant in such case ; or there shall be indorsed on the bill a general undertaking, by one or more responsible sureties, to pay all costs for which the complainant msLj become liable, and the register shall indorse his approval of such surety or sureties. !n General. of equity has the power to order Cited in Goodenough v. Bur- security for costs, which is in- ton, 146 iMich. 52. The court cident to courts of general jur- said: "The old Chancery rule isdiction, both at law and in 6, and the present rule 3 can equity." See Skinner v. Lucas, have been based on nothing but 68 Mich. 424. such inherent power. A court (120) Rule 4. Process — Form of Subpoena — Served How. (a) All process, unless othermse directed, shall be made returnable on a day certain (except Sunday) either in vacation or in term, not less than ten days from the issuing thereof; and if process is not execut- ed on or before the return day, further process may be taken out of course, as often as may be necessary. (b) The names of all the defendants in a cause shall be inserted in the subpoena. It may be served by delivering a copy of the writ, subscribed by the complainant, his solicitor, or the officer or person serv- ing the same, and inscribed "copy," and shoAving the original, under seal of the court, at the time of such delivery, to the defendant. The service may be on or before the return day mentioned in the subpoena. (120) MICHIGAN CHANCERY COURT RULES 104 (c) The subpoena in a suit in chancery shall notify the defendant that a bill of complaint has been filed against him by the complainant (naming him), and that if he desires to defend the same he is required to cause his appearance to be filed or entered in ihe cause, in accordance with the rules and practice of the court, in person or by solicitor, within fifteen days after service of the subpoena upon him, and the return day thereof shall be indicated at the foot of the sub- poena, and there shall be an underwriting designating against what defendant, if any, a personal decree is asked. The business address of the complainant's solicitor shall appear upon the subpoena. (d) The form of the subpoena may be as follows : State of Michigan, The Circuit Court for the County of , In Chancery. In the Name of the People of the State of Mich- igan: To Greeting: You are hereby notified that a bill of complaint has been filed against you in the circuit court for the county of , in chancery, by , as complainant, and that if you desire to defend the same, you are required to have your appearance filed or entered in the cause, in accordance with the rules and practice of the court, in person or by solicitor, within fifteen days after service of this subpoena up- on you. Hereof fail not, under the penalty of having said bill taken as confessed against you. The return day of this writ is the day of , A. D. 191—. Witness, the Honorable , circuit judge, at the , this day of , A. D. 191 — . Eegister. Underwriting: A personal decree is sought against the defendants and , and the bill is 105 SERVICE OF SUBPOENA (121) filed to reach interests in property, and not to obtain any further relief against the remainder of the de- fendants. Business address Solicitor for Complainant. In General. Cir- See note under Rule 1, cuit Court Rules. Cases having some bearing on the matter: 1st. As to form and contents- See Penfold v. Slyfield, 110 Mich. 343; Forbes v. Darling, 94 Mich. 627; Potter v. Hutchison, Mfg. Co., 87 Mich. 61; Low v. Mills, 61 Mich. 35; Colton v. Rupert, 60 Mich. 328; Gould v. Castel, 47 Mich. 604; Creveling V. Moore, 39 Mich. 563; Sarrans V. Hicks, 22 Mich. 307; Hower- ter V. Kelly, 23 Mich. 336; John- son V. Insurance Co., 12 Mich. 627; Calender v. Olcott, 1 Mich. 346; Parke v. Goodwin, 1 Doug. 57; Gould v. Lynn, Walk. Ch. 339. 2nd. As to service: Soule v. Hough, 45 Mich. 419; Sullings v. Goodyear Co., 36 Mich. 314; Johnson v. Shepard, 35 Mich. 115; Johnson v. Johnson, Walk. Ch. 311; Pratt v. Bank of Wind- sor, Harr. Ch. 254; Peltier v. Peltier, Harr. Ch. 19. (121) Rule 5. Service of Subpoena— Proceedings Following. (a) A defendant desiring to defend a cause, or to have notice of the proceedings therein, shall cause no- tice of his appearance to be filed or entered in the of- fice of the register of the court within fifteen days af- ter service of the subpoena upon him, and within the same time shall serve notice of such appearance upon the complainant's solicitor. Such appearance, wheth er followed by answer or not, shall entitle him to no- tice of all further proceedings in the cause. (b) Such notice of appearance shall be entitled in the cause and addressed to the complainant's solic- itor, and may be in substance as follows : Take Notice, that the defendant, hereby ap- pears in the above entitled cause and demands a copy of the bill of complaint therein. Dated, , Yours, etc., Business address : Solicitor for said Defendant. (122) MICHIGAN CHANCERY COURT RULES 106 (c) The complainant shall cause a copy of the bill of complaint to be served on the solicitor so appear- ing, within fifteen days after receiving the notice and demand above mentioned. (But he shall not be re- quired to serve more than one copy of the bill upon any one solicitor, although such solicitor may appear at different times for more than one defendant, and in such case service of a copy of the bill shall be deemed to have been made on the fifteenth day after receiving a subsequent notice of appearance.) (d) The defendant shall file his demurrer, plea or answer to the bill of complaint within fifteen days after receiving a copy of the bill of complaint. [Sec. 457, C. L. 1897.] In General. The special appearance of the defendant does not "entitle him to notice of all further proceed- ings in the cause," under this rule, and therefore his default was properly entered. Hews v. Hews, 145 Mich. 253. Cases relating to the subject matter: Cook v. French, 96 Mich. 526; Mason v. Kellog, 38 Mich. 141; Detroit Ins. Co. v. Renz. 33 Mich. 299; Michigan Ins. €o. V. Whittemore, 12 Mich. 429; Kellogg v. Putnam, 11 'Mlich. 345; Martin v. McRey- nolds, 6 Mich. 75; Jenny v. O'Flyn, 5 Mich. 217. 178 106 (122) Rule 6. Extension of Time for Pleading. The circuit judge (or a circuit court commissioner, in the absence of the judge of the court from the coun- ty, or in case of his inability) for a good cause shown, on special motion, after notice to the opposite party, may extend the time for putting in or serving any pleading, or for taking any other step which is re- quired by the rules to be taken within a limited time. (123) Rule 7. Default of Either Party— Proceed- ings On. (a) If either party shall make default in filing or serving any pleading or notice, within the time limit- ed by these rules, or the special order of the court in the cause, the opposite party may have the default entered in the common order book, or filed, in vacation or in term time. 107 DEFAULT OF EITHER PARTY (123) (b) If the defendant has failed to appear or to plead, answer or demur, the complainant may enter or file an order taking the bill of complaint as con- fessed, and referring the cause to a commissioner or to the court for proofs. (c) If the complainant has failed to serve a copy of the bill of complaint, the defendant may, on filing an affidavit of the service of the required notice, and showing the complainant's neglect, enter or file an order dismissing the bill of complaint. (d) Any order entered under these rules may be set aside on special motion, for cause shown, in the dis- cretion of the court, on such terms as may be deemed just and proper. But to entitle a defendant to an order setting aside his default for want of appear- ance or answer, he shall proffer a sworn answer show- ing a defense on the merits as to the whole or a part of the complainant's case. And in cases w^here per- sonal service shall have been made upon a defendant, and proceedings taken after default on the strength thereof, his default shall not be set aside unless the application shall be made within six months after such default is regularly entered. And in anj^ case where personal service shall have been made upon a defendant, an order setting aside his default shall be conditioned upon his payment to the complainant of the taxable costs incurred in reliance on said default, and the court may impose such other conditions as shall be deemed proper. In General. Under this rule defendant could only have procured the vacation of the default by prof- fering a sworn answer showing a defense on the merits. Hews V. Hews, 145 Mich. 255. Subdivision (b). This rule has been stated as follows: Instead of answering the bill, the defendant let it be taken as confessed. This was an admission on his part of every material fact stated in it. If he had wished to controvert the truth of any of the allega- tions of the bill, he should have put them in issue by plea or answer; and, not having done so, he was precluded from in- troducing evidence for that pur- pose before the master. Ward V. Jewett, Walk. Ch. 45. Cited in St. Louis Hoop & Stave Co. v. Danforth, 160 Mich. 229. (124) MICHIGAN CHANCERY COURT RULES 108 Subdivision (c). The notice in this case failed utterly of compliance with the rule, for the reason that it con- tained no statement of any par- ticular representation, and would have been quite as effi- cient in advising the plaintiffs of the charges they were to meet if it had contained the bald statement that they obtained the contract by fraudulent rep- resentation. Stauber v. Ellett, 140 'M5ch. 275. Subdivision (d). An application for an order to vacate a decree and to set aside a default regularly en- tered must be made within six months after the default is reg- ularly entered. There is no reason for a different construc- tion of this rule. St. Louis Hoop Co. V. Circuit Judge, 155 Mich. 313. In this case the relator asked for mavdamus to compel the re- spondent to vacate an order set- ting aside an order vacating a default entered in a divorce case in which relator was com- plainant and her husband was defendant. The order about which complaint was made was entered more than six months after the personal service of the subpoena in the divorce case. The court said: "When the de- cisions (Carpenter v. Judge of Superior Court of Grand Rap- ids, 126 Mich. 8; Pettey v. Wayne Circuit Judge, 124 Mich. 14) were handed down, the sub- division of the rule cited did not read as it does now. It was believed by the court that the rule as construed by the court in the decisions cited resulted in some cases, in doing an in- justice, and in November, 1903, it was amended by inserting the words "dpfault is regularly en- tered" after the word "such." Thus the default is subject to vacation after six months. Mc- Williams v. Lenawee Circuit Judge, 142 Mich. 227. (124) Rule 8. Pleas to a Bill. (a) No plea shall be allowed to be filed to any bill unless npon a certificate of counsel that in bis opinion it is well founded in point of law, and supported by the affidavit of the defendant that it is not interposed for delay merely, and that he knows or has good reason to believe it to be true in point of fact. (b) The defendant may plead to the whole or any part of the bill, but in every case in which the bill spe- cially charges fraud or combination, a plea to such part must be supported by an answer explicitly deny- ing the fraud and combination and the several facts on which the charge is founded. (c) The complainant may set down the plea to be argued, or he may take issue on the plea, and in de- fault of the complainant taking any action within twenty days the defendant shall be entitled as of 109 PLEAS TO A BILL (124) course to a decree, dismissing the bill or so rauch. thereof as is covered by the plea, unless the court al- low defendant further time for the purpose. (d) If upon the argument the plea is overruled, the defendant shall be required to answer within such time as the court shall deem reasonable, and if the de- fendant make default, the bill, or so much thereof as the plea covered, shall be taken pro confesso, and the matter thereof proceeded in and decreed accordingly. (e) If, upon the argument, the plea is allowed, complainant may, within ten days after notice of such allowance, take issue upon the plea on payment of the costs of hearing thereon, unless he shall, mthin such ten days, move for leave to amend the bill, on which motion the court may allow such amendment on such terms as it may deem reasonable. Within ten days after the determination of such motion for leave to amend, the claimant may take issue on the plea upon, the terms above provided. In default of such motion for leave to amend or in case such leave is denied, and in default of taking issue on the plea, the bill, or so much thereof as is covered by the plea, shall be dis- missed. (f) If, upon an issue, the facts stated in a plea be determined for the defendant, they shall avail him as far as in law and equity they ought to avail him: if the facts are determined for the complainant, the ef- fect shall be the same as though the bill or so much thereof as is covered by the plea was taken pro con- fesso. (g) No plea shall be held bad and overruled upon argument, only because it shall not cover so much of the bill as it might by law have extended to. (h) No plea shall be held bad and overruled upon argument, only because the answer of the defendant may extend to the same matter as may be covered by such plea. (125) MICHIGAN CHANCERY COURT RULES 110 (125) Rule 9. Demurrers. (a) The form of a demurrer may be as follows : ' ' The defendant says that the complainant has not stated such a case in his bill as entitles him to relief in a court of equity for the following reasons:" (add- ing briefly but plainly the special reasons in matters of substance in a general demurrer, as well as matters of form in a special demurrer). (b) If any pleading shall be adjudged bad for any cause which is not plainly specified in the demurrer, the party pleading shall be allowed to amend without costs. (c) To every demurrer there shall be added the in- dividual certificate of counsel having principal charge of the cause in behalf of the party filing the demurrer, to the effect that the demurrer is not interposed for delay and that in his opinion it is well founded. And a demurrer not accompanied with such a certificate shall be stricken from the files on motion, unless the court shall deem it proper to allow the certificate to be added. (d) A joinder in demurrer shall not be necessary and either party may at once notice a demurrer for argument at the next term of court. Such notice shall be served at least ten days before the first day of such term. But if the cause is not in readiness for hearing in time to so notice it, it may be noticed for a subse- quent day in term, not less than ten days after such notice, and placed at the foot of the calendar. (e) If the demurrer be overruled, the court shall, on such terms and conditions as are reasonable, per- mit the defendant to answer, and if the demurrer be sustained the court shall likewise permit the complain- ant to amend the bill. In General. a general demurrer, or by the Statute C. L. '97, § 549, has decree or final order of a cir- some bearing on the subject in cuit court in chancery in any that any complainant or defend- cause, may appeal therefrom to ant who may think himself ag- the supreme court. The mean- grieved by the order overruling ing of general demurrer has its Ill ANSWERS (126) force in that it attacks the mer- its of the bill, while a special demurrer attacks the form and defective allegations of the bill. The rule requires that the causes of demurrer be, in all cases, plainly specified. The rule does not enlarge the stat- ute (€. L. '97, § 549) giving the right to appeal from an order overruling a general demurrer, nor in any manner does it change the classification of de- murrers as general and special. Kerr v. Rupp, 144 Mich. 271. The cross-bill in question, prior to this rule, would have been subject to a general de- murrer, and that therefore the order overruling the demurrer was appealable. Flynn v. Holmes, 142 iMdch. 374; Daschke V. Schellenberg, 124 IMich. Ifi. "The statute C. L,. '97, § 549." the court said, "permits an ap- peal, from an order overruling a demurrer. This rule was not intended to enlarge or abridge this right. It follows, then, that the question for determination is whether, for the alleged de- fects, the bill would, prior to the adoption of this rule, have been subject to a general demurrer." Greenley v. Hovey, 115 Mich. 504. In this case the bill alleges that the defendants refused to sign a disclaimer, and one of the defendants, instead of filing a demurrer to the bill, which, un- der this rule, must have set up the defects in the bill, contented himself with praying the benefit of a demurrer, without indicat- ing any defect in the bill, in an answer which denies the com- plainant's title, and prays that this particular defendant be al- lowed to redeem. Under these circumstances, he should not be entitled to a dismissal upon this ground. Flint Land Co. v. God- kin, 136 Mich. 669; Cleland v. Casgrain, 92 Mich. 150; Wood- worth V. Gorton, 46 Mich. 324; Blodgett V. Dwight, 38 Mich. 434. Where, in accordance with this rule, all of the special rea- sons contained in the demurrer, except one, go to the equity of the bill, the demurrer is a good general demurrer. Ideal Cloth- ing Co. V. Hazle, 126 iMich. 262. Where a demurrer set forth, as special reasons, prior adjudi- cation, want of equity, and want of jurisdiction, the demurrer must be treated as general un- der this rule. Robinson v. Kun- kleman, 117 Mich. 193. Subdivision (a). Under this rule a general de- murrer challenges the equity of the case made by the bill, and will be overruled if a case for equitable relief is set out. how- ever, imperfectly. Gilligham v. Ray, 157 Mich. 490. Cited in Township of Merritt v. Harp, 131 Mich. 174. The court said: "Under this rule, we need not look further to the substance of the bill than to as- certain whether it is open to the specific objections raised by the demurrer." Subdivision (e). Cited in Fitschen v. Olsen, 155 Mich. 326. (126) Rule 10. Answers. (a) Whenever in a cause a sworn bill of complaint is filed and a sworn answer demanded, the defendant shall be required to file such sworn answer. But (126) MICHIGAN CHANCERY COURT RULES 112 neither a sworn bill nor a sworn answer shall have the force of evidence except as to admissions, and except on the hearing of motions and petitions. Provided, however, that when a cause is heard on bill and an- swer, the allegations of the answer shall be taken as true. (b) An answer may be sworn to before the persons and in the manner specified in the rule governing veri- fication of bills of complaint. (c) An answer shall be divided into paragraphs, numbered consecutively, and each paragraph shall contain as near as may be a separate and distinct al- legation, admission or denial. An answer not comply- ing with this rule shall be stricken from the files on motion, unless the court shall deem it proper to allow amendments thereto to cure the defect. (d) Every answer shall contain an explicit admis- sion or denial of each allegation in the hill of complaint 3S to which the defendant has knowledge or belief. But as to matters charged in the bill as to which the defendant avers he has no knowledge sufficient to form a belief, he shall not be required to admit or deny the same, but shall state his want of such knowledge. And every material allegation in the bill to which the de- fendant shall not make answer shall be taken as ad- mitted by the defendant. (e) An answer shall be signed by the defendant, or by his agent or solicitor. (f) All objections to an answer heretofore raised by exceptions shall be disposed of by the court on spe- cial motion. Subdivision (a). The rule is not irreconcilable with the statute, C. L. '97, § 443, for the statute does not in terms prescribe the manner in which waiver of answer on oath may be made. The practice was, un- der the statute and the former chancery rule, No. 18, in case answer on oath was not desired, to specially waive answer in the bill, but under the present rule an answer under oath must be deemed waived in all cases ex- cept where a sworn bill is filed and a sworn answer demanded. World Manufacturing Co. v. Kent Circuit Judge, 115 Mich. 652. 113 NATURE OF CROSS-BILL (127) Subdivision (d). Under this rule every material allegation in tlie bill to which the defendant shall not make answer is taken as admitted by defendant. Lafrance v. Griffin, 160 Mich. 239. lAU material allegations in a bill charging the execution of a deed are admitted by the an- swer where failure to answer them has been made. Nolan v. GarrisoHy 151 Mich. 147. The court said: "Construing defendant's answer according to this rule, it must be taken as an admission of every material al- legation in the bill of complaint. Hoock V. Sloman, 145 Mich. 22. Where appellant answered complainant's bill, but failed to answer the averment of the bill that personal service of the lien statement was not made upon him because of his absence from the county, he, on account of this failure to answer, admits the averment to be true under this rule. J. B. Greilick Co. v. Rogers, 144 Mich. 31fi. Cited in Hoffman v. Shell, 151 Mich. 670. "All material allega- tions of the bill are admitted by the answer." Subdivision (e). It is sufficient if the answer in nature of a cross-bill, when answer upon oath is waived, be signed by the solicitor. O'Don- nell V. St. Clair Circuit Judge, 146 Mich. 442. See Balen v. Mercier, 75 Mich. 44; Berner v. Berner, 72 Mich. 43; Kimball v. Ward, Walk. Ch. 439. Subdivision (f). See cases pertaining to sub- ject: McCreery v. Bay Circuit .TTidge, 93 Mich. 45; Cummings V. Corey, 58 Mich. 494; Bragg v. Whitcomb, Walk. €h. 307. (127) Rule 11. bills. Answers in the Nature of Cross- (a) In any case in equity where a defendant shall claim from the complainant any relief which, accord- ing to the established course and practice of courts of chancery, might be had by cross-bill, such defendant shall be at liberty by his answer to present the facts upon which his equity rests, and to claim by such an- swer the benefit of a cross-bill, and the court shall have power to give relief upon such answer to the same ex- tent that it might have given it had a cross-bill been filed. But if the cause be such that, if a cross-bill had been filed, the practice of the court would have required it to be sworn to, the answer claiming such relief shall be under oath, notwithstanding an oath thereto may be waived by the bill. (b) In such case the defendant shall first answer the allegations of the bill in accordance with the fore- (128) MICHIGAN CHANCERY COURT RULES 114 going rule, before entering upon an allegation of ad- ditional matters upon which he shall claim affirmative relief. And his allegations of additional matters and his prayer for affirmative relief shall comply with the rule governing the form of bills of complaint. (c) The complainant shall, within fifteen davs after service of such answer in the nature of « p.ross-bill, file and serve a demurrer, plea or answer to the mat- ters therein contained upon which the defendant prays affirmative relief, which pleading and the practice thereon shall comply with the rules governing similar pleadings. But the defendant shall not be required to file a replication to any such plea or answer. In General. lars. Hickman v. Chaney, 15& The decree granting affirma- ^^^^^; ^^'^• live relief to the defendants is Subdivision (a), not warranted by an answer "It was not the intention of praying only the dismissal of the rule to deprive a party of the bill of complaint, and not any of his substantial rights se- for affirmative relief, either cured to him by resort to a specifically or generally as re- cross-bill, but to preserve to him quired by this rule. Atkinson all the benefits to be derived V. Schell, 161 Mich. 382. from a cross-bill, by stating the The allegations ot .'^e answer substance thereof in the answer, amount to little more than a Hackley v. Mack, 60 Mich. 592. denial of the allegations, and, Subdivision (c). while counsel for complainant No answer was filed to the might prudently have filed a cross petition or bill, which was formal answer, the failure to do in the nature of an answer, as so is not necessarily fatal to prescribed by this subdivision his claim, and, the cause having of the rule whereupon an order been heard upon proofs on all taking it as confessed was en- disputed questions, the court by tered which was proper. iMes- an order mine pro tunc will set senger v. Peter, 129 Mich. 95; aside said default, and treat the Coach v. Kent Circuit Judge, hi cross-claims as answered by a Mich. 503; McGuire v. Van Bu- denial in all essential particu- ren Circuit Judge, 69 Mich. 594. (128) Rule 12. Replications. (a) The complainant shall file a replication to the defendant's answer within fifteen days after service of such answer. Otherwise the cause shall stand for hearing on such bill and answer, unless the time for filing a replication shall be extended. 115 CAUSE OF ISSUE (130) (b) The form of a replication may be in substance as follows : **The complainant says that, notwithstanding the answer of the defendant, he is entitled to the relief prayed in his bill of complaint. ' ' (c) A special replication shall not be filed except by leave of the court, for cause shown, on motion. (129) Rule 13. Cause of Issue. (a) Every cause shall be deemed at issue of fact or of law on filing a plea or demurrer, or on filing a replication to the answer, or in a case where an answer in the nature of a cross-bill is filed, when a replication and a demurrer, plea or answer is filed to such answer in the nature of a cross-bill. (b) If there be more than one defendant the cause shall be deemed at issue when replications have been filed to all answers filed, and when an order pro con- fesso has been filed or entered as to all those defend- ants who have not answered, or when the cause is dis- continued or dismissed as to such defendants. In General. v. Circuit Judge, 148 (Mich. 288: State Road Bridge Co. v. Cir- Cited in Detroit Cement Co. cuit Judge, 148 Mich. 398. (130) Rule 14. Cause at Issue — Taking of Testi- mony. (a) In causes where there are more than one de- fendant the complainant shall, when the cause is at issue, serve upon the solicitors for such defendant or defendants who have appeared and answered, and whose answers have been replied to, a notice that such cause is at issue, or the solicitor for any defendant may serve like notice upon the complainant and the other defendants who have appeared, and tlie time for either party to give notice of intention to claim the right to examine witnesses in open court shall commence from the time such notice is served. In cases where the no- (130) MICHIGAN CHANCERY COURT RULES 116 tice of such intention is given by a defendant he shall serve the same upon the solicitors of all co-defendants who have answered, as well as upon the complainant's solicitor. Proof of service of such notice shall be filed mth the register in chancery. (b) If either party shall elect to have the testimony taken in open court, under the statute, and the cause is at issue as to all parties, the cause may thereafter be noticed for trial and hearing in open conrt by either party. Such notice may be countermanded in the same manner and with like effect as a notice of trial in an action at law. (c) If neither party so elects, the testimony shall, without further order, be taken before a circuit court commissioner, unless the parties shall stipulate to take it before some other person authorized to admin- ister oaths. The complainant shall put in his testi- mony in chief within thirty days after the time limited by law for electing to take the proofs in open court; the defendant shall put in his testimony within forty days thereafter; and the complainant shall have ten days thereafter in which to put in his rebutting testi- mony. At least four days' notice shall be given by each party of the time and place of taking such testi- mony. Each party shall pay in the first instance the fees for taking down and transcribing his own exam- inations or cross-examinations. (d) The time for taking testimony may, on motion, for cause shown, be extended. But the party making application for such extension shall be reqiiired to show under oath the specific character of the testimony desired. (e) Process of subpoena to compel the attendance of witnesses before a commissioner shall issue of course, and the time and place of attendance shall be specified in the writ; and such witnesses may be pun- ished by the court as for contempt if they fail to at- tend and submit to examination. But no witness shall be compelled to appear before a commissioner more 117 TAKING OF TESTIMONY (130) than one hundred miles from his place of residence, un- less by special order of the court. (f) The testimony shall be taken, as near as prac- ticable, in the manner provided b}^ statute for the tak- ing of depositions, and the commissioner may adjourn the same from day to day as may be deemed proper. (g) Within five days after the testimony shall be concluded, the commissioner, on being applied to for that purpose by either party, shall cause the testimony and exhibits taken or produced before him to be re- turned and filed with the register of the court. (h) At the expiration of the time for taking testi- mony'-, the testimony shall be considered closed without order, and either party may thereupon notice the cause for hearing at the next term of court. Such notice shall be given at least ten days before the first day of the next term. But if the cause is not in readiness for hearing in time to so notice it, it may be noticed for a subsequent day in term, not less than ten days after such notice, and placed at the foot of the calen- dar. (i) If the complainant shall fail to take any testi- mony within the forty days above specified, or within the time allow^ed him by extension, the defendant may notice the cause for hearing on pleadings. Subdivision (a). Letts v. Trevallick, 139 Mich. Where the case was not at 145. issue as to all the defendant Cases which have a bearing and complainant served notice on the subject: Kelly v. Wayne of his intention to take testi- Circuit Judge, 90 Mich. 265; mony in open court under this Gray v. Ferguson, 86 Mich. 385; rule, the defendant, as to whom Shoule v. Bonander, 80 fMich. the case was at issue, by his so- 540; Hall Lumber Co. v. Austin, licitor could not object to the 54 Mich. 624; Drake v. Andrews. notice being prematurely filed, 2 Mich. 206. on the ground that the order _ ... . . ,. . J. ^ 7.„ *„ *v,^ ^*v^« Ar^ Subdivision (b). pro confesso as to the other de- ^. , . fendants not having been en- .^^^ted m Hoock v. Sloman, 145 tered, for it was his duty, if he Mich. 21. knew that the notice was pre- Cases which have a bearing maturely filed, to have it, if he upon the subject: Merson v. desired, referred to a commis- Merson, 101 Mich. 55; Meech v. sioner to take testimony, to en- Lee, 82 Mich. 274; Bilz v. Bilz» ter an order to that effect. 37 Mich. 116; M^nch v. ShabeK (131) MICHIGAN CHANCERY COURT RULES 118 37 Mich. 168; Dunn v. Judge Superior Court, 29 iMich. 228. Subdivision (c). Cited in Hoock v. Sloman, 145 Mich. 21. Cases which have a bearing upon the subject: Hodges v. Cook, 93 Mich. 377; Fender v. Powers, 67 Mich. 433; Rea v. Rea, 53 IMich. 40; Collins v. Jackson, 43 Mich. 561; Woods V. Monroe, 17 Mich. 238; Stone V. Welling, 14 Mich. 524. Subdivision (d). Cases which have a bearing upon the subject: Beeker v. Saginaw Circuit Judge, 117 Mich. 328; Wagar v. Bowley, 104 Mich. 41; James v. McMillan, 55 Mich. 138; Wendell v. High- stone, 52 Mich. 552; McClung v. McClung, 40 iMlch. 493; Slater V. Breeze, 36 Mich. 78; Damouth v. Klock, 29 Mich. 289; Abbott V. Olsdorf, 19 Mich. 161. Subdivision (li). Cases which have a bearing upon the subject: Warner v. Juif, 38 Mich. 662; Munch v. Shabel, 37 Mich. 166; Jenny v. O'Flynn, 5 Mich. 215. Subdivision (i). Cases which have a bearing upon the subject: Weigert v. Franck, 56 Mich. 200; Victor Co. V. Jacobs, 46 Mich. 494; Briggs V. Briggs, 20 Mich. 34; Durfee V. McClurg, 6 Mich. 223; Morris V. Hoyt, 11 Mich. 9. (131) Rule 15. Certain Rules Governing in Cases at Law Made Applicable in Chancery Causes. (a) The following rules governing practice in cases at law shall apply also to practice in chancery causes so far as the same are not inapplicable, viz : Rule 11. Relative to Common and Special Orders and Rules. (a) Every rule to which a party would, according to the prac- tice of the court, be entitled of course, without showing special cause, shall be denominated a common rule; and every other rule shall be denominated a special rule. All common rules and all rules by consent of parties shall be entered with the clerk at his oflBce, in a book to be provided by him for that purpose, to be called "common-rule book," and may be entered at any time as well in vacation as during term; and the day when the rule shall be entered shall be noted therein, and the party may enter such rule as he may conceive himself entitled to, of course, but at his peril. (b) Except as required by statute, such rules may be filed with the clerk with the like effect as if entered as above provided. (c) All orders, made by the direction of the court, shall be entered in the record of the proceedings of the court, and all orders made by the judge at chambers shall be signed by the judge and filed in the cause. Rule 16. Relative to the Filing of Notes of Issue. (a) The party noticing a cause for trial shall, at least twelve days before the first day of the term, file with the clerk a note 119 MOTIONS AND PETITIONS (131) of issue, giving the title of the cause, the names of the attorneys, the date of joining issue or of appeal, and the cause of action. If a jury has previously been demanded the same shall also appear in the note of issue. Provided, that, in the court's discretion, for cause shown, the court may, not later than the first day of the term, add to the term calendar a cause which has been regularly noticed for trial, although a note of issue was not filed. And in appeal causes, the note of issue shall be filed eight days before the first day of the term. (b) The prosecuting attorney shall, at least four days before the first day of the term, deliver to the clerk a list of all such criminal cases as he intends to bring on to trial, or in w'hich any action of the court may be required. Rule 18. Relative to the Making of a Term Calendar. (a) Previous to each term, the clerk shall prepare a calendar of causes for the term. The same shall be made up in the follow- ing order: 1. Criminal cases. 2. Jury civil cases. 3. Non-jury civil cases. 4. Issues of law. 5. Chancery cases, including issues of law in such cases. (b) Criminal cases shall have precedence. Jury and non-jury and chancery cases shall have precedence in the order of the re- spective dates of joining issue, or, in appeal cases, the respective dates of filing the appeal. Rule 19. Relative to Motions and Petitions. (a) All petitions and special motions (except motions for con- tinuance and motions to strike causes from calendar) shall be in writing and shall be signed by the attorney, or counsel, of the party in whose behalf the same are entered, and shall set out briefly but distinctly the grounds upon which the same are founded, and with the affidavits supporting the same shall be filed in the office of the clerk of the court on or before the day on which they are noticed for argument. (b) Notice of the argument of motions and petitions (except motions for continuance and motions to strike causes from calen- dar), together with a copy thereof and of the affidavits on which they are based, shall be served on the opposite attorney at least four days before the time noticed for hearing the same. Provided, that for good cause the court may hear such argument on shorter notice. (c) Motions and petitions shall be argued on the day for which they are noticed, if the party has an opportunity to be heard on that day, unless the court (or circuit court commissioner, in a matter pending before him) shall otherwise direct. If there is not sufficient time to finish the business noticed for any day, it may be continued from day to day until it is completed; or it may be adjourned to some subsequent dav. And motions and petitions which cannot be heard on the day for which they are noticed shall, in the absence of special order, stand continued from day to day without any special continuance. (d) Not more than one counsel on each side shall be heard (131) MICHIGAN CHANCERY COURT RULES 120 on the argument of any petition or motion, tlie mover being en- titled to open the argument and to reply to the argument of the opposite counsel. Rule 20. Relative to Stay of Proceedings to Make Motions. Whenever a stay of proceedings may be necessary in order to make a special motion, the judge may grant an order for that purpose; and service of such order, with copies of the affidavits on which it is grounded, and the notice of the motion, shall operate as a stay of proceedings until the order of the court is had in the premises, unless the judge shall in the meantime super- sede or set aside such order. But the proceedings shall not be stayed for a longer time than to enable the party to make his motion according to the practice of the court, and if made, until the decision of the court thereon. Rule 22. Relative to Motions for Continuance. (a) No motion for the continuance of a cause made after the first day in term shall be heard, unless a sufficient excuse is ishown for the delay, and on a second application by a party for the continuance of a cause, the party so applying shall state, in addition to the usual requisites, the facts which he expects to prove by the absent witness, and shall also state with particularity the diligence he has used to procure his attendance. In case it Is admitted by the opposite party in a civil cause that the witness named would, if placed on the stand, testify as stated in such affidavit, the motion for a continuance shall be denied, unless the court, for the furtherance of justice, shall deem a continuance necessary. fb) If the party receiving notice of trial shall serve a notice on the opposite party that he will move for a continuance of the cause at the term for which it is noticed, together with a copy of the affidavits upon which he intends to found the motion, he shall not be liable to such party for any costs of preparing to try the cause, accruing after the service of such notice and affidavits, in case a continuance is granted on the papers so served, excepting such as may be unavoidable. (c) "When a continuance is granted upon payment of co^ts, such costs may be taxed summarily by the court, and on b^ing taxed, shall be paid on demand of the party, his agent or attorney; and if not so paid, on aflBdavit of the fact, such continuance may be vacated, or the court may grant an attachment therefor, with the accruing costs. Rule 23. Relative to Genuineness of Documents. Either party may exhibit to the other or to his attorney, at any time before the trial, any paper material to the action, and request an admission in writing of its genuiuRness. Tf tbe adverse party or his attorney fail to give the admission within four davs after the request, and the delivery to him of a copy thereof, if such copy 121 SERVICE OF PAPERS (131) be required, and if the party exhibiting the paper be afterward put to expense in order to prove its genuineness, and the same be finally proved or admitted on the trial, such expense, to be ascer- tained and summarily taxed at the trial, shall be paid by the party refusing the admission, unless it shall appear to the satis- faction of the court that there were good reasons for the refusal, and an attachment or execution may be granted to enforce pay- ment of such expenses. Kuie 25. Relative to the Court Requiring Parties to Testify. In any suit, whether contested or not, the court may, for the furtherance of justice, call upon any or all of the parties to such suit, or any witness therein, to testify orally in open court, and may continue or keep open the cause for that purpose, and may issue process to compel the appearance of such party or witness before the court. Rules 28, 29, 30, 31, 32, and 34. Relative to the Man- ner of the Service of Papers. Adverse party resides in the same city, Rule 28. When the attorney for the adverse party resides or has his office in the same city, village or township as the attorney making the service, papers shall be served as follows: (a) By delivering the same to the attorney personally. (b) Or, by leaving the same in his office with his clerk, or with a person having charge thereof. (c) Or, when no person is to be found in his office, by leaving the same, between the hours of six in the morning and nine in the evening, in some suitable and conspicuous place in such office. (d) Or, if the office be not open, so as to admit of service therein, then by leaving the same at the residence of the attorney with some person of suitable age and discretion. (e) Or, by depositing the same in the post office of the city, village or township, inclosed in an envelope, plainly addressed to such attorney, with postage fully prepaid. Service of papers by mail. Rule 29. When the attorney resides or has his office in a different city, village or township than the attorney making the service, papers shall be served as follows: (a) By delivering the same to the attorney personally, or by leaving the same in his office with his clerk or with a person having charge thereof. (b) Or, by depositing the same in some postoffice directed to the attorney at his business address, with postage fully prepaid, such address to be ascertained according to the best information and belief of the person making such service, and in such case the time of service must be increased one day for every one hun- dred miles distance, or fraction thereof, between the place of de- posit and the place of address. (131) MICHIGAN CHANCERY COURT RULES 122 Several defendants or several attorneys, Rule 30. (a) In cases where there are two or more defendants, who appear by different attorneys, service of all papers in behalf of the plaintiff shall be made on the attorney for each of the other defendants. (b) And in such case service of all papers in behalf of any defendant shall be made on the attorney for each of the other defendants, and upon the attorney for the plaintiff. (c) In case two or more attorneys appear for the same party or parties, service on any one of said attorneys, whether they be partners or not, shall be sufficient. But this shall not apply to attorneys appearing as "counsel" only. ■Service on party prosecuting or defending in person. Rule 31. When a party prosecutes or defends his cause in person, service of papers may be made on him in the manner hereinbefore pro- vided for service on attorneys, whether such party be a licensed attorney or not. Service in exceptional cases. Rule 32. In all cases where service of papers cannot reasonably be made on account of the lack of an attorney of record, or the inability to find a party, or for any other reasons, the court in which such cause is pending, or judge thereof at chambers, upon an ex parte application, on cause shown, may direct in what man- ner and on whom service may be made. Service on party charged with contempt and on party imprisoned. Rule 34. (a) When the object is to bring the party into contempt for disobeying any rule or order of the court, the service shall be on such party personally, unless otherwise specially ordered by the court. (b) When the defendant is returned imprisoned for want of bail, a copy of the declarations shall be delivered to him or to the sheriff, or jailer in whose custody he shall be, and when an exception is entered to bail, and no notice of retainer of an at- torney to defend is given, notice of such exception shall be de- livered to the sheriff or one of his deputies. Rule 35. Relative to When Service Required. No service of papers shall be necessary on a defendant who has not regularly appeared, except as specially required by rule or statute. But a defendant who has appeared by notice of re- tainer or appearance shall be entitled to notice in advance of all future proceedings in the cause, although he may not have fol- lowed his appearance by plea or demurrer. Rule 36. Relative to How Time Computed on Service of Papers. (a) The day on which any rule shall be entered, or order, notice, pleading or paper served, shall be excluded in the com- putation of the time for complying with the exigency of such rule, Place among the notes to (131), Rule 37, page 123. ,„ Gen-r-l properly entitled in the cause, " " ■ the cover of which properly Under Circuit Court Rule No. identifies them with the cause, sub(b) as applied to* chan- is a substantial compliance with o ( . eery cases under Chancery Rule the rule. Doane v. Allen, 19 D, No. 1.0, affidavits, although not L. X. 1066. 123 ACCEPTANCE OF SERVICE (131) order or notice, pleading or paper, and the day on which a compli- ance therewith is required shall be included, except where it shall fall on Sunday, in whicE case the party shall have the next day to comply therewith. (b) Wlien by the term of any order, an act is directed to be performed instanter, it shall be done within twenty-four hours. Rule 37. Relative to Entitling Papers. (a) All papers and the copies thereof for service shall be fairly and legibly written or printed, and be indorsed as herein- after provided, and the clerk shall not file such as do not con- form to this rule. (b) All papers, except process and pleadings by which the cause is commenced, shall be entitled in the court and cause, and the plaintiff's name shall be placed first. Provided, that affidavits annexed to and referring to another paper which is properly en- titled in the court and cause need not be entitled. (c) In cases where there are two or more plaintiffs or two or more defendants, it shall be sufficient in entitling papers to name the first-named plaintiff and the first-named defendant with the usual indication of other parties, provided there be added the official number of the cause. Provided, further, that in all orders and notices required to be published the full names of all parties shall appear in the title of the cause. (d) All papers for filing or service shall also contain on the outside an abbreviation at least of the title of the court and cause and the character of the paper. Rule 38. Relative to the Court Files. The clerk shall indorse on every paper the day on which the same is filed, and shall not suffer or permit any writ, pleading, affidavit, deposition, or other paper whatever, on file in his office, to be taken therefrom without the order of the court or a judge thereof; but parties interested in any such may inspect the same in his office, and take copies thereof. Rule 39. Relative to Agreements to be in Writing. iNo private agreement or consent between the parties to a cause, or the attorneys respecting the proceedings in a cause, which shall be denied by either party, shall be binding, unless the same shall have been made in open court, or unless evidence thereof shall be in writing subscribed by the party or his attorney against whom the same is alleged. Rule 40. Relative to Affidavit of Genuineness of Ac- ceptance of Service. When a defendant accepts or acknowledges in writing the service of any process, pleading or notice, and an affidavit is filed therewith, showing the genuineness of his signature, the same shall have the same effect as a return or other legal proof of service. (132) MICHIGAN CHANCERY COURT RULES 124 Rule 41. Relative to Depositions. (a) When a deposition has been taken by either party, it may at any time be read by the other party on the trial. (b) Objections to notices of and objections to the manner of taking, certifying or returning depositions shall be noticed for hearing before the court, by motion to suppress or otherwise by the party making the same, within five days after such objections are made, and if not so noticed for hearing the same shall be considered waived. Rule 43. Relative to Compelling Return of Process. If any sheriff or coroner shall fail to return any process to him directed and delivered, on or before the return day therein specified, any party interested in procuring a return may cause a rule to be filed or entered in the book of common rules, requir- ing such officer to return the process within five days after service of notice of such rule; and if such process be not returned within the time specified in such rule, on filing with the clerk an affidavit of the service of such notice, and of the delivery of such process to such officer to be served, the default of such officer in not mak- ing such return may be entered, and thereupon an attachment may be issued of course against such sheriff or coroner to compel such return. (b) In interpreting said rules in chancery causes, wherever the word "attorney" is used, the word "so- licitor" shall be substituted, and wherever the word "plaintiff" is used, the word "complainant" shall be substituted, and in like manner other words commonly used in chancery causes, as distinguished from cases at law, shall be substituted in interpreting said rules. (132) Rule 16. Amendment of Bill and Answer Without Leave of Court. (a) The complainant may amend his bill, if it is not required to be sworn to, at any time before a plea, answer or demurrer is put in, without leave of court, and without costs. (b) He may also amend his bill, without leave of court and without costs, at any time within fifteen days after answer is filed, if by the amendment a new or further answer is not rendered necessary. (c) The complainant may also amend, without leave of court, a bill required to be sworn to, in like 125 AMENDMENTS (133) manner as bills not required to be sworn to, if the amendments are merely in addition to and not incon- sistent with what is contained in the original bill. But such amendments shall be verified by oath. (d) If the defendant demurs to the bill for want of parties, or for any other defect which does not go to the equity of the whole bill, the complainant may amend of course, without costs, at any time before the demurrer is noticed for argument, or within ten days after receiving a copy of the demurrer. (e) If a plea or demurrer to the bill be overruled, the complainant may, within ten days thereafter, amend his bill without leave of court and ^vithout costs. (f) After an answer is put in, it may be amended without leave of court in any matter or form, or by filling up a blank, or correcting a date or reference to a document, and may be re-sworn, at any time before a replication is put in, or the cause is set down for a hearing upon bill and answer. (g) But, after replication, or such setting down for a hearing, it shall not be amended in any material mat- ^^'^ ters, as by adding new facts or defenses, or qualifying or altering the original statements, except by leave of the court, upon cause shown, after due notice to the adverse party. In General. after the time limited for ap- Under this rule a bill may be pearance. Bowers v. Chippewa amended in a pro confesso case Circuit Judge, 136 Mich. 367. (133) Rule 17. Amendments. (a) No rule or order need be entered on the filing of amendments which are authorized without leave of court. (b) In every case of amendment, without leave of court, the party maldng it shall either file a new en- grossment of the pleading or an engrossed or printed copy of the amendment, containing proper references to the pages and lines in the original pleading on file, where such amendments are to be inserted or made. (134) MICHIGAN CHANCERY COURT RULES 126 (c) No amendment shall be considered as made un- til the same is served on the adverse party if he has appeared in the cause. (d) If at the time the complainant amends his hill, without leave of court, the answer has not been filed, or if a further answer is necessary, the defendant shall have the same time to answer after such amendment as he originally had. Subdivision (a). Subdivision (b). Cases which have a bearing ^^^ ' ' upon the subject: Bank v. "" ' Niles, Walk. Ch. 398; Freeman Subdivision (d). V. Michigan Bank, Harr. Ch. See Tompkins v. Hollister, 60 311; Hammond v. Place, Harr. Mich. 470; Munch v. Shabel, 37 Ch. 438. Mich. 167. (134) Rule 18. Proceedings Before Commissioners. (a) All parties accounting before a commissioner shall bring in their accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied mth the accounts so brought in shall be at liberty to examine the accounting party upon inter- rogatories, as the commissioner may direct. On any reference to take or state an account, the commissioner shall be at liberty to allow interest as shall be just and equitable, without any special direction for that purpose, unless a contrary direction is contained in the order of reference. And every charge, discharge, or state of facts brought in before a commissioner shall be verified by oath as true, either positively or upon information and belief. (b) It shall be the duty of every such circuit court commissioner to procure and keep in his office a reg- ister, which shall be delivered over to his successor in office, in which he shall enter the title of each cause or proceeding in which he shall make any order, and a complete memorandum of his doings therein. And every commissioner shall file with the register of the court all orders made by him, together with all papers 127 ORDER OF COMMISSIONERS (136) on which the same are based, immediately upon the making of such order. (135) Rule 19. Reports of Commissioners. (a) In all matters referred to a commissioner, he shall be at liberty, upon the application of any party interested, to make a separate report or reports, from time to time, as he shall deem expedient; the costs of such separate reports to be in the discretion of the court. And where the commissioner shall make_ a separate report of debts or legacies, he shall be at lib- erty to make such certificate as he thinks fit, with re- spect to the state of assets ; and any person interested shall thereupon be at liberty to apply to the court as he shall be advised. (b) After the report is filed either party may file or enter an order of course to confirm the same, unless cause to the contrary thereof be shown in eight days after notice of its being filed ; and if no exceptions are filed and served within that time, the order shall be- come absolute of course, without further order; or either party may file exceptions, and have an order of course to confirm the report, so far as the same is not excepted to, and with the like effect. (c) If either party shall file exceptions to a com- missioner's report, such exceptions shall be determined by the court on motion of either party, and the costs thereon shall be in the discretion of the court. In General. Subdivision (b). This rule supplements the Cited in Walsh v. Colby, 153 statute upon this subject. Da- Mich. 604. maray v. Little, 17 Mich. 387. (136) Rule 20. Appeal From Order of Commissioner. (a)Any person conceiving himself aggrieved by an order made by any circuit court commissioner, in any suit in chancery, may appeal therefrom to the circuit court of the county in which such suit is pending : Pro- (137) MICHIGAN CHANCERY COURT RULES 128 vided, (1) that such appeal shall be claimed and en- tered within fifteen days from the time of making such order; and (2) that the appellant shall, within that time, execute a bond to the appellee in such penal sum, not less than $100, as the commissioner shall prescribe, with sufficient surety, to be approved by the commis- sioner, conditioned to pay, satisfy and perform the order which by the circuit court may be made in the premises, and to pay all costs in case the order ap- pealed from shall be affirmed. But no such appeal shall operate as a stay of proceedings, unless a special order to that effect shall be made by the circuit judge or by such circuit court commissioner, on proper cause shown. (b) The appeal bond mentioned in the preceding rule shall be filed with the circuit court commissioner approving the same, and shall be returned with the appeal papers. (c) It shall be the duty of the appellant under these rules to file with the circuit court commissioner, mthin the time above limited for claiming and entering his appeal, his reasons for such appeal. Whereupon it shall be the duty of such commissioner, within twenty days thereafter, to transmit to the clerk of the circuit court said bond and all papers upon which the motion or proceeding may have been founded, or which may have been used on such motion or proceeding, un- less already so filed, certified by him, or in case the original pleadings or files shall have been used, he shall certify such fact to the court, with a description of the original papers so used. (137) Rule 21. Restriction on Powers of Commis- sioners. The general powers conferred upon commissioners are hereby restricted in the following particulars : 1. No circuit court commissioner shall be em- powered to vacate any order or decree of the circuit 129 POWERS OF COMMISSIONERS (137) court, or any order made by a circuit judge. [See sees. 1075, 1082, C. L. 1897.] 2. Nor shall he grant any injunction to stay pro- ceedings at law unless reasonable notice of the time and place of hearing the application therefor shall have been previously given to the adverse party. [See sec. 1069, C. L. 1897.] 3. Nor shall he grant injunction without such no- tice in any case, unless the judge of the circuit court in which the application is made shall be absent from the county at the time of such application, or is dis- qualified from granting an injunction in the cause, nor unless, in the opinion of such commissioner, the peculiar exigencies of the case require it for manifest reasons to be shown by affidavit of the facts and cir- cumstances. 4. Nor shall he grant any injunction restraining the execution or performance of any public improvement, nor to compel a defendant to refrain from doing any act where the injunction will necessarily produce great and irreparable injury to the defendant, if the claim of the claimant is not sustained. Nor shall he grant any injunction in any case where no special provision is made by law for security, except where the injunction prayed for is against a judgTQent debtor who is made defendant in a creditor's bill, unless the officer grant- ing the same shall take from the complainant or his agent a bond to the party enjoined, in such sum as shall be deemed sufficient, and in not less than $500, with sufficient surety or sureties, to be approved of by the officer allowing the injunction, conditioned to pay the party enjoined such damages as he may sustain by reason of tlie injunction, if the court shall eventually decide that the complainant was not equitably entitled to such injunction, such damages to be ascertained by a reference to a circuit court commissioner, or by the court having jurisdiction of the cause in which the in- junction issued, as such court shall direct. Such officer allowing the injunction shall, before the register shall (138) MICHIGAN CHANCERY COURT RULES 130 issue the writ, file such bond with such register in chancery, who shall carefully preserve the same for the benefit of the obligee therein named. In General. nate officer overruling the ac- This rule has its source in tion of a circuit judge or court." C. L. '97, §§§ 206, 1078, 1082, and Mlanistique Co. v. liovejoy, 56 "the rule does not permit the Mich. 193; Bolnay v. Coats, 17 unseemly spectacle of a subordi- Mich. 415. (138) Rule 22. Costs— Solicitor's Fees Taxable. The following costs shall be allowed to the prevail- ing parties, viz : In all cases determined by final decree on pleadings and proofs, thirty dollars. In all cases determined by final decree on bill and answer, plea or demurrer, twenty dollars. In all cases where the decree is taken on the bill taken as confessed, or where the bill is voluntarily dismissed by complainant after appearance and be- fore the cause is at issue, fifteen dollars. Upon all special motions, such sum, not exceeding ten dollars, as the court shall deem just. When a bill is dismissed for default at the hearing, or for want of prosecution, or voluntarily by the complainant, after the same is at issue, the defendant shall be entitled to the same costs as if the cause had been heard. When the bill is dismissed upon payment of the claim or performance of the relief sought before de- cree, the complainant shall be entitled to the same costs as if the case had been heard. If such payment or performance is made before plea, demurrer or an- swer, the costs shall be as on bill taken pro confesso; if after any pleading is put in and before proofs, they shall be as on a hearing upon pleadings ; and if proofs are taken, the costs shall be as on a hearing upon pleadings and proofs. In divorce cases the costs shall be under the direc- tion of the court. Where there are several defendants entitled to Place amdng the notes to (140), page 131. Subdivision (a). 'iar shows the report of sale by ThL proceed im^s hereinafter a circuit court commissioner. me'nttonrd are regular under the entry of -; ^^.^-^-f -^f Chancery Rule No. 24 sub(a) ^"^=1^ ^'^Pf '' ^''y°"°''i"?.ee ^^^^^^ upon the presumption that a the enrollment of ^^^ n t^^ ab«|-;« forms his duty, ^vhere in a fore- of oiher proof. Olmstead v. closure suit the chancery calen- Meyer, 19 D. L.. ^. .•o^. 131 ENROLLMENT OF DECREE (140) costs, the costs granted by this rule shall be appor- tioned among them as the court may deem proper. In General. pay a dividend to the petitioner, is made upon a decree previ- The proceedings are in the ously entered that dividends be nature of special motions, and paid on all claims duly proved, costs are in the discretion of Citizens' Savings Bank v. the court where a petition, for Vaughn, 115 Mich. 156. an order directing the receiver Cited in Hickman v. Chaney, of an insolvent corporation to 155 Mich. 227. (139) Rule 23. Taxation of Costs. The register of the court shall have power to tax the costs in a cause, including his own fees therein, subject to re-taxation by the court on motion of either party. But on such re-taxation, no affidavit or objec- tion which was not presented to the register shall be heard or allowed. In General. v. Hursh, 58 Mich. 247; Sher- This rule has its source in man v. Washtenaw Circuit C. L. '97, §§205, 11292. .Judge, 52 Mich. 475; Dickinson Cases which have a bearing v. Seaver, 44 Mich. 633; Gilbert upon the subject: Murphy v. v. Kennedy, 22 IMich. 18; Taylor Mulvena, 108 iMich. 347; Jeffrey v. Boardman, 16 Mich. 506. (140) Rule 24. Enrollment of Decree. (a) No process shall be issued or other proceedings had on any final decree, to enforce the same, until the same is duly enrolled pursuant to statute. (b) The register shall include in such enrollment all papers filed in the cause. [See sec. 463, C. L. 1897.] (c) If the decree authorizes the sale of real estate, notice of such sale may be given in advance of such enrollment, but no conveyance shall be executed by a commissioner or other officer on such sale until such enrollment is had. In General. tered in the minutes of the The following statutes relate court, if no appeal therefrom to the subject: shall have been entered in the C. L. '97, § 463. After the ex- minutes of the court, and no piratlon of thirty days from the petition for a rehearing rhall time a final decree shall be en- have been presented upon being (141) MICHIGAN CHANCERY COURT RULES 132 required by either party, the reg- ister, by whom such final decree shall have been entered, shall attach together the bill, plead- ings, and such other papers filed in the cause, as may from time to time by general rules be directed, together with the taxed bill of costs therein, and shall annex thereto a fair en- grossed copy of the decretal order, signed by the circuit judge, and countersigned by the register who entered the same. C. L. '97, § 464. The register shall then annex to the papers so attached together his certifi- cate under the seal of the court, wherein he shall certify accord- ing to the fact, the tinje when the said papers were so at- tached for the purpose of en- rollment, and the name or names of the parties at whose instance the same was done; and thereupon the said papers so attached, annexed and signed, together with said certificate, shall be filed by the register, and remain a record in his of- fice; and such certifying and filing shall be deemed an en- rollment of the decree and pro- ceedings, for all purposes what- soever. C. L.. '97, § 465. After the en- try and enrollment of any final decree affecting or determining the title to real estate, a copy of such decree, duly certified by the register in chancery of the county in which the same was entered, under the seal of the court, may be received and re- corded in the office of the reg- ister of deeds of the proper county, and shall have the same effect as the original decree; and if such decree shall direct the execution of a conveyance or other instrument affecting the title to real estate, the rec- ord of such certified copy shall have the same effect as the rec- ord of such conveyance or other instrument affecting the title to real estate would have if duly executed pursuant to said de- cree. C. L. '97, §557. Any decree of the former court of chancery, or of the circuit court in chan- cery, that may have been duly passed and signed, and not re- versed, vacated or annulled, and which may have failed to be recorded or enrolled, may be directed by the court having the legal custody of the files in the case in which such decree v/as pronounced, in its discretion, to be recorded and enrolled by the register of the court, nunc pro- tune; and when so recorded and enrolled the same shall be as effectual as if recorded and en- rolled at the end of thirty days after its allowance. It is manifest that "the ob- ject of the practice was and is to protect purchasers at chan- cery sales from loss of material documents from the files, the absence of which might impair or invalidate their title." Hoch- graef v. Hendrie, 65 IMich. 560. Cited in Youngs v. Peters, 118 Mich. 45. The court said: "This rule cannot OA^errule the tax law, which provides when the deeds may issue." SubdiviGJon (a), (c). The statute, C. L. '97, § 468, and this rule prohibit the issu- ance of execution before enroll- ment. Dewey v. Dewey, 151 M^ich. 5S9. (141) Rule 25. Application for Rehearing. (a) A petition for a rehearini:^ shall state the spe- cial matter or cause on which such rehearing is ap- 133 BILLS OF REVIEW (143) plied for, and the particular points in which the decree or order is alleged to be erroneous, but it shall not be necessary to state the proceedings anterior to such decree or order sought to be reversed; and the facts, if they do not appear from the records of the court, shall be verified by affidavit of the party, or of some other person. It shall also be accompanied by the cer- tificate of two counsel that they have examined the case, and that in their opinion the decree or order is erroneous in the particulars mentioned in the petition. And a copy of the petition, with usual notice of pre- senting the same, shall be served on the adverse party, but the rehearing shall not be considered as a matter of course in any case. (b) If a rehearing is granted, the petitioner shall lose the benefit thereof, unless he shall, Avithin ten days thereafter, deposit with the register fifty dollars, to answer the costs and damages of the adverse party, if the decree or order shall not be materially varied. In General. for rehearing accompanied the petition, the petition was defec- In a case where no certificate tive and therefoie was denied, of counsel such as is required Manley v. Kalamazoo Circuit by this rule upon application Judge, 114 Mich. 521). (142) Rule 26. Bills of Review and Supplemental Bills. It shall not be necessary, in any bill of revivor or supplemental bill, to set forth any of the statements in the original suit, unless the special circumstances of the case require it. (143) Rule 27. Bills of Review. 176 loi Xvit'^^'^ On filing a bill of review, or other bill in the nature of a bill of review, the complainant shall make the like deposit, or give security to the adverse party in the same amount which is or would be required on an ap- peal from an order or decree complained of; and no such bill shall be filed, either upon the discovery of new (144) MICHIGAN CHANCERY COURT RULES 134 matters, or otherwise, without special leave of the court first obtained, nor unless the same is brought within the time allowed for bringing an appeal, except upon newly-discovered facts or evidence, unless upon rea- sons satisfactory to the court. In General. The practice under this rule that no bill of review, or other bill in the nature of a bill of review, shall be filed without special leave of the court first obtained is violated when a de- cree by a court having jurisdic- tion is collaterally attacked by an answer in the nature of a cross-bill. iSalliotte v. Williams, 130 Mich. 39. Other cases relating to the rule: Barnes v. Kent Circuit Judge, 97 IMHch. 214; Stockley v. Stockley, 93 Mich. 313; Dodge v. Northrop, 85 Mich. 245; San- ford V, Haines, 71 Mich. 117; Thomas v. Burt, 52 IMIch. 489; Eveland v. Stephenson, 45 Mich. 394; Clark v. Huron Circuit Judge, 40 Mich. 166. Cases which have a bearing on the matter: Simmons v. Conklin, 129 Mich. 190; Kinsel V. Kinsel, 126 iMich. 693; Mur- phy v. Schoder, 126 Mich. 607 Noeker v. Howry, 119 Mich. 626 Ingles v. Bryant, 117 Mich. 113 Loth v. Loth, 116 IMich. 624. Cited in Hall v. Miller, 150 Mich. 301. (144) Rule 28. Foreclosure Cases. (a) In a bill for foreclosure or satisfaction of a mortgage, it shall not be necessary to set out at large the rights and interests of the several defendants who are purchasers of, or who have liens on, the equity of redemption in the mortgaged premises, subsequent to the registry or recording of complainant's mortgage, and who claim no right in opposition thereto; but it shall be sufiScient for the complainant, after setting out his own right and interest in the premises, to state generally that such defendants have or claim some in- terest m the premises, as subsequent purchasers or incumbrancers, or otherwise. (b) If a bill to foreclose a mortgage is taken as confessed, or the right of the complainant, as stated in his bill, is admitted by the answer, he may have an order of course, referring it to a commissioner to com- pute the amount due to the complainant, and to such of the defendants as are prior incumbrancers of the mortgaged premises. 135 FORECLOSURE CASES (144) (c) If the defendant is an infant, and has put in a general answer by his guardian, or any of the de- fendants are absentees and have not been personally served, the complainant may have a similar order of course, referring it to a commissioner to take proof of the facts and circumstances stated in the complain- ant's bill, and to compute the amount due on the mort- gage, preparatory to the hearing of the cause. But every such cause shall be regularly brought to hearing at term after the coming in of the commissioner's re- port, before a final decree in entered therein. (d) If the bill has been taken as confessed, the complainant shall show to the court, at the hearing, by affidavit, that the proceedings to take the bill as con- fessed have been regular, according to the rules and practice of the court, and whether the bill has been taken as confessed against all of the defendants upon service of subpoena, or after an appearance, or wheth- er some of them have been proceeded against as absen- tees. (e) Sales under decrees of foreclosure shall not be ordered on less than six full weeks or forty-two days' notice, and publication shall not commence until the time fixed by decree for payment has expired, nor within six months after commencement of suit. (f) On the coming in and confirmation of the com- missioner's report of the sale of mortgaged premises, if it shall appear that there is any surplus money re- maining in court after satisfying the amount due the complainant, any defendant, upon filing an affidavit that such surplus had been paid into court, and that he is entitled to the same, or some part thereof, may have an order of course, referring it to a commission- er to ascertain and report the amount due to such de- fendants, or to any otlier person, and wliich is a lien upon such surplus moneys ; and to ascertain the prior- ities of the several liens thereon, to the end that on the coming in and confirmation of the report, such further order and decree may be made for the distribu- (145) MICHIGAN CHANCERY COURT RULES 136 tion of surplus moneys as may be just ; and every de- fendant, who lias appeared in the cause, and every per- son who has left a written notice of his claim to such surplus moneys with the register, with whom the same are deposited, shall be entitled to notice to attend the commissioner on such reference. And any person making a claim to such surplus moneys, and who shall fail to establish his claim on the hearing before the commissioner, may be charged with such costs as the other parties have been subjected to by reason of such claim; and the parties succeeding on such reference may be allowed such costs as by the court may be deemed reasonable; but no costs unnecessarily in- curred on such reference, or previous thereto, by any of the parties, shall be allowed on taxation or paid out of such surplus. Subdivision (a). See Shafer v. Thompson, 109 Mich. 406; Siding Co. v. Ma- chine Co., 98 Mich. 617; Sum- mers V. Bromley, 28 Mich. 126; Comstock V. Comstock, 24 (Mich. 38; Dawson v. Danbury Bank, 15 Mich. 494; Wurcherer v. Hewitt, 10 Mich. 452. Subdivision (b). See Vaughn v. Nines, 36 Mich. 297; Ireland v. Woolman, 15 Mich. 253. Subdivision (c). See Colton v. Rupert, 60 Mich. 318; Brown v. Thompson, 29 Mich. 72; Smith v. Smith, 13 Mich. 261; Chandler v. McKin- ney, 6 Mich. 217; Thayer v. Lane, Walk. Ch. 200. Subdivision (d). See Ireland v. Wtoolman, 15 Mich. 255, Subdivision (e). See N. Y. Union v, Atwell, 95 Mich. 240; Sanford v. Haines, 71 Mich. 117; Perrien v. Felters, 35 Mich. 232. Subdivision (f). See Moreland v. Houghton, 96 Mich. 346; Macomb v. Livings- ton, 83 Mich. 486; Colton v. Ru- pert, 60 (Mich. 346; Smith v. Smith, 13 Mich. 258. (145) Rule 29. Divorce Cases. (a) All bills for the purpose of obtaining divorce, whether the husband or wife is complainant, shall be duly verified by oath, in the usual manner of verify- ing bills, where, by the course and practice of the court, an oath is required. In a bill for a divorce on the ground of adultery, the complainant must also posi- 137 DIVORCE CASES (1^5) tively aver that the adultery charged in the bill was committed without the consent, connivance, privity or procurement of the complainant; and that the com- plainant has not voluntarily cohabited with the defend- ant since the discovery of such adultery. And in all such bills, and in all bills for divorce upon any ground, the complainant shall also positively aver that the act done or cause charged in the bill for which divorce is sought was committed without the consent, conniv- ance, privity or procurement of the complainant, and that such bill is not founded on or exhibited in con- sequence of any collusion, agreement or understand- ing whatever between the parties thereto, or between the complainant, and any other person. (b) If any such bill is taken as confessed, or the facts charged therein are admitted by the answer, the complainant may have an order of course entered or filed for reference to a commissioner, to take proof of all the material facts charged in the bill, and to re- port such proof to the court, with his opinion thereon. (c) If such bill is taken as confessed, the complain- ant shall show to the court by affidavit whether or not the defendant was personally served with process or order of appearance, and that the proceedings to take the bill as confessed have been regular according to the rules and practice of the court. (d) No sentence or decree of nullity, declaring void a marriage contract, or decree for a divorce, or for a separate or limited divorce, shall be made of course by the default of the defendant; or in conse- quence of any neglect to appear at the hearing of the cause, or by consent. And every such cause shall be heard after the trial of the issue, or upon the coming in of the commissioner's report, at a stated term of the court. Subdivision (a). 421; Ayers v. Wayne Circuit Cases which have a bearing Judge, 90 iMich. 380; People v. upon the subject: Takaberry MacCaffrey. 75 Mich. 123; Green V. Takaberry, 101 Mich. 104; v. Green, 26 Mich. 437; Briggs Holcomb V. Holcomb, 100 Mich. v. Briggs, 20 IMich. 34. (146) MICHIGAN CHANCERY COURT RULES 138 (146) Rule 30. Creditor's BiUs. (a) A creditor's bill, to reach equitable interests of a debtor, shall show the true sum actually and equit- ably due the complainant on his judgment or decree, over and above all just claims of the debtor by way of set-off or otherwise, and that the debtor has equitable interests, exceeding one hundred dollars in value, which the complainant is unable to reach by execu- tion, which has been duly issued and returned unsatis- fied, and that the bill is not exhibited by collusion with the defendant, or for the purpose of protecting the property or effects of the debtor against the claims of other creditors, but for the sole purpose of com- pelling payment and satisfaction of the complainant's own debt. (b) When the complainant in such creditor's bill shall have a right by statute to a discovery and dis- closure of facts from the defendant, the defendant shall in his answer fully and explicitly set forth the particular facts called for. If he fail so to do, the complainant may have his right to a further answer and disclosure determined by the court on special mo- tion, and the court may enforce its order thereon by the attachment of the defendant, and may strike such insufficient answer from the files. (c) Every such creditor's bill shall be verified as provided by rule. (d) The proceedings in such a suit shall, except as otherwise provided by rule or statute, be governed by the general chancery rules, and the court may ap- point a receiver therein pending the determination of the suit, when it shall be deemed necessary for the protection of the rights of the complainant. In General. pool v. Motley, 71 Mich. 422; Cited in Saginaw Co. Savings Tarbell v. Millard, 63 Mich. 250; Bank v Duffield, 157 Mich. 528. McCullough v. Day, 45 Mich. 554; Moore v. Cheeseman, 23 Subdivision (a). ^ich. 335: Freeman v. Bank, Cases which have a bearing Walk. Ch. 250; Williams v. Hub- upon the subject: Grenell v. bard, Walk. Ch. 28; Smith v. Ferry, 110 Mich. 262; Bank v. Thompson, Walk. Ch. 1; Thayer Dwight, 83 Mich. 189; Vander- v. Swift, Harr, Ch. 430. 139 RECEIVERS (l'^7) Subdivision (b). Subdivision (c). See iMoCreary v. Bay Circuit See Moore v. CheeBeman, 23 Judge, 93 Mich. 463. Micli. 335. (147) Rule 31. Receivers — Powers and Duties. (a) Every receiver of the property and effects of the debtor, appointed in a suit upon a creditor's bill, shall, unless restricted by the special order of the court, have general power and authority to sue for and collect all the debts, demands and rents belonging to such debtor, and to compromise and settle such as are unsafe and of a doubtful character. He may also sue in the name of the debtor, where it is necessary or proper for him to do so, and he may apply for and obtain an order of course that the tenants of any real estate belonging to the debtor, or of which he is en- titled to the rents and profits, attorn to such receiver and pay their rents to him. He shall also be permitted to make leases from time to time as may be necessary, for terms not exceeding one year. And it shall be his duty, without unreasonable delay, to convert all the personal estate and effects into money; but he shall not sell any real estate of the debtor without the spec- ial order of the court. He is not to be allowed for the costs of any suit brought by him against an in- solvent from whom he is unable to collect his costs, unless such suit is brought by order of the court, or by the consent of all persons interested in the funds in his hands. But he may sell such desperate debts, and all other doubtful claims to personal property, at public auction, giving at least ten days' notice of the time and place of such sale. (b) Where several bills are filed by different cred- itors against the same debtor, no more than one re- ceiver of his property and effects shall be appointed, unless the first appointment has been obtained by fraud or collusion, or unless the receiver is an im- proper person to execute the trust. The receiver shall give security sufficient to cover the whole property (148) MICHIGAN CHANCERY COURT RULES 140 and effects of the debtor which may come into his hands by virtue of his ofiQce; and he shall hold such property and effects for the benefit of all creditors who have commenced, or shall commence, similar suits, during the continuance of his trust, to be disposed of according to their legal or equitable priorities. He shall not pay over the funds in his hands to the par- ties, or to any other person, without being specially authorized to do so by an order or decree of the court ; nor shall he be discharged from his trust without special order, to be obtained upon a written consent of all the parties interested in the property in his hands, or upon notice of the application. (c) When another suit is commenced after the ap- pointment of a receiver the same person may be appointed receiver of such subsequent suit, and shall give such further security as the court shall di- rect. He shall keep a separate account of any prop- erty or effects of the debtor which may have been ac- quired since the commencement of the first suit, or which may be assigned to such receiver under the ap- pointment in the last cause. In General. Under this rule no application to the court for leave to bring Cited in McBryan v. Univer- suit is required. C. L. '97, sal Elevator Co., 130 Mich. 115. §§ 10841, 10842. (148) Rule 32. Moneys Deposited and Drawn — Reg- ister of Court. (a) The accounts of the register with the banks in which the moneys are directed to be deposited shall be kept in such a manner that in the cash books of the banks, and in the bank books of the register, it shall appear in what particular suit, or on what accoimt, the several items of money credited or charged were de- posited or paid out. (b) Orders upon the banks for the payment of moneys out of court shall be made payable to the order of the person entitled thereto, or of his solicitor or his 141 ASSIGNMENT OF COMPLAINT (150) attorney duly authorized, and shall specify in what particular suit, or on what account, the money is to be paid out, and the time when the decree or order authorizing such payment was made. In General. curities, as Be shall deem just This rule has its source in and reasonable; and all such the following statute: rules and regulations shall be C. L. '97, § 428, which provides entered in the minutes of the that each circuit judge may, court. from time to time, make such See Lewis v. Kean, 102 Mich. rules and regulations concern- 605; Voorhies v. Sessions, 34 ing such moneys, stocks and se- Mich. 99. (149) Rule 33. Security by Guardian Ad Litem. No guardian ad litem for an infant defendant, or next friend of an infant complainant, unless he has given security to the infant according to law, shall, as such guardian, receive any money or property belong- ing to such infant, or which may be awarded to him in the suit, except such costs and expenses as may be allowed by the court to the guardian out of the fund or received by the infant in the suit. Neither shall the general guardian of an infant receive any part of the proceeds of the sale of real property belonging to such infant, sold under a decree or order of the court, until the guardian has given such further security for the faithful discharge of his trust as the court may direct. In General. .Judge, 42 Mich. 69; Westbrook See Sheahan v. Wayne Circuit v. Comstock, Walk. Ch. 314. (150) Rule 34. Assignment by Complainant. Whenever the complainant in a chancer}^ suit, wherein the right is under existing rules of law and equity assignable, shall have transferred his interest in the subject-matter of the litigation, either voluntar- ily or by process of law, the suit shall not thereby be abated, but the transferee may present his petition to the court in which said suit is pending, setting up the fact of such transfer, and asking to be substituted (151) MICHIGAN CHANCERY COURT RULES 142 as complainant in said suit. The facts, if they do not appear from the records of the court, shall be verified by the affidavit of the party or some other person. If at the hearing it appear to the court that such trans- fer has been made, an order shall be made substituting the transferee as complainant in said suit, and said suit shall continue for the benefit of said transferee as though no transfer had been made. A copy of the petition and affidavits, with the usual notice of pre- senting the same, shall be served on the defendant or his solicitor ; and in making such order the court may, in its discretion, require the transferee to file se- curity for costs. In General. •Cited in Davie v. Wardowski, 164 Mich. 563; Farr v. Laeh- mann, 130 Mich. 44. See Brewer V. Landis, 111 Mich. 217; Codd V. Wayne Circuit Judge, 109 Mich. 120; iMoore v. Smith, 102 Mich. 389; Hochgraef v. Hen- drie, 66 /Mich. 564; Terry v. McClintock, 41 Mich. 492; Bige- low V. Booth, 39 Mich. 622; Brewer v. Dodge, 28 IMich. 358; Perkins v. Perkins, 16 Mich. 161; Webster v. Hitchcock, 11 Mich. 56; Griggs v. Railway Co., 10 Mich. 117; Niles v. Ransford, 1 Mich. 338; Wallace v. Dun- ning, Walk. Ch. 416. (151) Rule 35. General Practice of Court. In cases where no provision is made by statute or by these rules, the proceedings of this court shall be according to the customary practice as it has hereto- fore existed in cases not provided for by statute or the written rules of the court. (152) Rule 36. Rules Take Effect— When. These rules shall take effect January 1st, 1897, as to all causes commenced on or after that date, and also as to any cause commenced previous to that date, so far as concerns proceedings therein subsequent to the date when the same shall be at issue. All rules not herein contained are hereby repealed, except as above provided. 143 PROCEEDINGS AFTER FINAL ORDER (153) (153) Rule 37. Proceedings After Final Order and Decree and Appeal Therefrom. (a) In all causes and proceedings in chancery after ^^-io^ final order or decree where the testimony shall have been taken by a stenographer in open court, or by de- position, or before a circuit court commissioner, or in any other manner, any party shall be entitled to make and settle a case setting forth the substance of all the evidence taken or read at the hearing, and such case, when so made, settled, and filed, shall be deemed and held to be the evidence therein for all purposes of re- view on appeal to the Supreme Court. (b) The person or party desiring to appeal to the Supreme Court shall, ^vithin sixty days after service upon him or his solicitor of record of written notice of the filing and entry of the final order or decree sought to be appealed from, serve upon the adverse party or his solicitor of record a copy of the proposed case on appeal, together with the original copies of such exhibits, papers, writings or documents as he shall desire to incorporate into said case on appeal, and also such portions of the stenographer's minutes of the testimony taken in open court as shall have been procured hj him, for the inspection and use by such adverse party in the preparation of amendments to the said proposed case on appeal : Provided, said party so seeking to appeal, on application being made to the judge who heard said cause or proceedings, or, in his absence or disability, then to such other judge as may be authorized by the provisions of this rule to act in any matter in connection with settling cases for re- view on appeal, may be required to furnish a copy of such further portions of the stenographer's minutes of the testimony taken in open court and the original or copies of all other exhibits, depositions, papers, writings or documents used in evidence on the hearing and in his possession as shall be deemed necessary by such judge to the settlement of said case. (c) Within thirty days after such service upon him (153) MICHIGAN CHANCERY COURT RULES 144 or his solicitor of record, said adverse party or his solicitor of record shall cause to be served upon the party so seeking to appeal or his solicitor of record a copy of such amendments as he proposes to the case on appeal proposed by the party seeking to appeal, and also the originals or copies of such exhibits, de- positions, papers, writings, or documents used in evi- dence on the hearing and in his possession as he de- sires to have incorporated in the case on appeal, and shall accompany said amendments and exhibits and papers aforesaid with all the stenographer's minutes utes previously served upon him, together with such other exhibits, papers, documents or writings, if any, as shall have been served upon him, and shall likewise serve upon said party seeking to appeal or his solic- itor of record a notice that the said case on appeal as proposed and the said proposed amendments thereto will be presented to the judge who heard said cause or proceedings, or, in case of his absence or disability, then to such other judge as may be authorized to act in any matter in connection with the settling of cases for review on appeal, either in open court or at cham- bers, as the case may be, and to be specified in said no- tice at some date not less than four nor more than six days from the date of the service of said proposed amendments and papers in connection therewith. (d) The judge before whom the settlement of said case on appeal shall have been noticed shall, at the time specified in said notice, or at such other time as he shall fix, or shall be agreed upon in open court, or by the written stipulation of the parties, proceed to consider the matter and to settle and sign said case on appeal : Provided, not more than one year from the date of the filing and entry of the final order or decree sought to be appealed from, shall in any case be al- lowed to take all the steps, do all the acts, and perform all things required to be taken, done, and performed in and about the making, settling, signing, and filing of the case on appeal. 145 PROCEEDINGS AFTER FINAL ORDER (153) (e) In case of the failure of the adverse party to prepare and serve his amendments to the proposed case on appeal, together with the exhibits and other papers required by this rule to be served in connection therewith, the judge who heard said cause or proceed- ing, or, in the event of his absence or disability, then any other judge authorized to act in any matter in connection with the settling of cases for review on appeal as provided by this rule, upon its being made to appear by affidavit, or otherwise, to his satisfaction, that due service of the papers required to be served by the party seeking the appeal was made upon the adverse party or his solicitor of record that all steps required by this rule to be taken by the party so seeking to appeal have been so taken by him with- in the time required, and of the expiration of the time herein limited for the service of the proposed amend- ments by said adverse party, shall certify and settle the case in the manner and form as proposed by the party seeking to appeal as the case on appeal therein. (f) It shall, however, in all cases, be lawful for the 135599 parties or their solicitor to agree upon a statement of the facts without procuring the stenographer's min- utes of the testimony taken at the trial, and in case of such agreement, and if satisfactory to him, the judge who heard said cause or proceedings, or any other judge with authority in the premises by virtue of this rule, shall sign and certify to such statement, and such statement so signed and certified shall stand as the case for review on appeal to the Supreme Court in such cause. (g) Whenever the judge who heard said cause or proceeding 3hall die, resign or vacate the office before the expiration of liis term, or whenever such judge shall be unable to settle such evidence by reason of sickness, absence from the State, or for any other cause whatsoever within the time prescribed by this rule, such evidence may be settled by any other judge of the court presided over by the judge who heard said cause (153) MICHIGAN CHANCERY COURT RULES 146 or proceeding, and in case there shall be no such other judge of such court, or in case of his or their absence or disability from any cause, then such evidence may be settled by any circuit judge of an adjoining circuit, (h) The judge who heard such cause or proceeding, or any other circuit judge holding court within the judicial district and duly qualified to preside over the court where such cause or proceeding was heard, may grant an extension or extensions of the time for mak- ing, settling, signing, and filing such case on appeal for such a period, in addition to the time hereinbefore allowed, as shall not make the whole time in which to settle said case exceed one year from and after the filing and entry of the final order or decree sought to be appealed from, but such extensions shall only be granted upon cause shown and due notice to the ad- verse party or his solicitor of record of the hearing of the application therefor. In General. to the court for settlement such In Hamilton v. Wilcox, 167 portions of the testimony and Mich. 553, the court said: "Un- records in the case as he deems der said rule the party desiring necessary to present fairly the to appeal prepares and presents points he desires reviewed." notice o. mi„g an. entry of a«- -ch^^f-g, ,„e« v. ^k^Z ?rrJ?- oS o'e |ton Circuit .ua.e, X. O. U N. decree under unauc.., .^-^ ^, i to. 147 COMPARISON WITH FORMER RULES COMPARATIVE TABLE OF CHANCERY COURT RULES. Former Present Former Present Rules. Rules. Rules. Rules. 1 47 14 2 15 48 3 15 49 4 1(a) 50 5 15 51 6 3 52 .. 7 2(a) 53 8 2(b) 54 9 , 4(a) 55 10 4(b) 56 11 5 57 14(d) 12 58 14 (f) 13 ••.. 59 6.14(c) 14 5, 7 (d) 60. . . .8 (d), 9 (e), 14 (a). 14 (c) 15 15 61 15 16 62 17 63 15 18 64 14,16 19 2(c), 8(a), 10(b) 65 20 66 21 • 67 15 22 17,18 68 23 16(e) 69 24 ••... 70 25 15 71 26 7,8,9 72 27 73 28 74 29 75 30 76 31 ••.. 77 19 32 78 20 33 79 20 34 80 25 35 81 26 36 82 15 37 83 26 38 ; 84 15 39 20 (c) 85 15 40 86 6, 7 (e) 41 ■■ .. ..'." 87 33 42 ".'. 88 33 43 89 24 44 27 90 23 45 12, 13, 14 91 .". 29 46 92 29 MICHIGAN CHANCERY COURT RULES 148 Former Present Former Present Rules. iRules. Rules. Rules. 110 111 22 112 22 113 114 19 115 21 116 21 117 21 118 119 35 120 36 121 122 4(c), (d) 123 11 (a) 124 14 125 34 93 29 94 34 95 30 96 30 97 98 . . , . 30 99 IK 100 101 28 102 31 103 31 104 105 106 32 107 32 108 . . 32 Michigan Probate Court Rules Adopted by the Supreme Court June 28, 1899, and ordered to take effect September 1, 1899. (Authorized by sec. 685, C. L. 1897.) (154) Rule 1. Papers and the Filing Thereof. All petitions, motions, inventories, reports, ac- counts and other papers in any matter or proceedings shall be fairly and legibly written in ink or printed, and have indorsed thereon the title of the matter or proceedings in which they are filed, and the character of the paper, and the name of the attorney, if any, appearing for the person filing the same; and if not so written or printed and indorsed, the judge or regis- ter shall refuse to receive and file the same. The judge, register or clerk shall indorse on all the papers filed in the court the date of their delivery to him. (155) Rule 2. Appearance of Attorney. The appearance of an attorney shall be made in writing and filed in the cause in which he appears, un- less such appearance is made upon the filing of an original petition upon which his name is indorsed. (156) Rule 3. Petitions to the Court. All petitions to the court, except nominations of guardians by minors, shall be duly verified by the per- son making the same, and shall state the facts with common certainty which show the jurisdiction of the court and the interest of the petitioner and his right (157) MICHIGAN PROBATE COURT RULES 150 to apply to the court. All petitions for any order of relief, or to institute any proceedings in the court, when such facts do not already appear of record in the case, shall state whether any person under the age of twenty-one years, or othermse incapable of prose- cuting or defending for himself, has any interest in the subject-matter thereof which may be affected by the order thereon, and the name, age and residence of such minor or other person, when known to the petitioner, and the name of his guardian, if any has been appointed. (157) Rule 4. Appointment of Executors and Ad- ministrators. A petition for the probate of a will, or for adminis- tration, shall state the names and residences of the widow and heirs-at-law of the deceased, who, if any, are minors or otherwise under disability, and the names and residences of their guardians, if any, in this state, so far as known to the petitioner, or can with reasonable diligence be ascertained. (158) Rule 5. Appointment of Guardians. Sec. 1. Minors. A petition for the appointment of a guardian for a minor shall state the residence and age of said minor, the value and character of his property, and, if not made by a parent of such minor, shall state the name and residence of such parent ; or, if neither parent is living, of the next of kin of such minor. When a petition is made by any person other than a parent for the appointment of a guardian for any minor who has a parent or parents who can be found within the jurisdiction of the court, the court shall require at least five days' notice to be given to such parent or parents of the time and place when and where the court will hear such petition, unless said parent or parents shall appear and consent, or shall have consented in writing to such appointment. Place below (158), page 150. In the computation of time for the service of the citation upon an alleged incompetent person, under C. L. '97, (8709). the day of the hearing is to be included as one of the fourteen days' notice as provided by the Statute and Probate Rule No. 5; but in making service upon next of kin for such hearing fourteen full days' notice must be given. In re Miller's Estate, 19 D. L. N. 1134. 151 SALE OF PERSONAL PROPERTY (160) Sec. 2. Incompetent or insane persons and spend- thrifts. A petition for the appointment of a guardian for a mentally incompetent person or for an insane person or for a spendthrift shall set forth the grounds of such application, the names and places of resi- dence of the nearest relatives and presumptive heirs- at-law of such alleged mentally incompetent or insane person or spendthrift. When such application shall be filed, the court shall thereupon fix a day of hearing thereon and cause notice thereof to be given to the said alleged mentally incompetent or insane person or spendthrift and to his nearest relatives and presump- tive heirs-at-law. Such notice shall be served person- ally upon the said alleged mentally incompetent or in- sane person or spendthrift and upon such of his near- est relatives and presumptive heirs-at-law as reside within the county in which said court is held at least fourteen days before the day set for hearing. Such notice may be served upon such of the nearest rela- tives and presumptive heirs-at-law as reside outside of the said county by publication for three successive weeks prior to said day of hearing or by depositing the same in the postoffice in an envelope addressed to such nearest relatives and heirs-at-law at their last known postoffice address. Such envelope shall be duly registered, and the time of service shall be increased one day for every hundred miles or fraction thereof between the place of deposit and the place of address. (159) Rule 6. Securities for Bonds. The individual sureties upon the bonds of execu- tors, administrators, trustees or guardians must be residents of this state. They shall justify as to their responsibility when required to do so by the court. (160) Rule 7. Sale of Personal Property. When a special license has been granted to sell personal property at public auction or private sale. (161) MICHIGAN PROBATE COURT RULES 152 the executor, administrator or guardian making such sale shall within ten days thereafter make and file a duly verified report thereof with the court granting the order for such sale. (161) Rule 8. Reports of Sale of Real Estate — Par- tition and Dower. No order for the confirmation of any report of sale of real estate by an executor, administrator or guard- ian, or report of commissioners in partition of dow- er, shall be made until at least eight days after filing such report, unless all parties interested in the estate shall in person, by attorney or guardian, consent in writing to such confirmation, or unless, in the opinion of the court, such delay shall be clearly injurious to the estate. Any person interested therein desiring to object to such confirmation may file objections in writ- ing setting forth the reasons therefor. (162) Rule 9. Petition for Widow's Allowance. Notice of hearing on a petition for allowance for the support of a widow or minor children shall be per- sonally served upon the executor or administrator of the estate of the deceased at least five days prior to the hearing on such petition, unless such executor or administrator appear in court or in writing waives such notice. (163) Rule 10. Assignment of Dower. A petition for the assignment of dower shall set forth a full and accurate description of the lands situ- ated in this state, owned by a deceased husband and of which he died seized, from which the petitioner asks to have the dower assigned, the name, age and place of residence of the widow and the names of the heirs-at- law, the time when the husband died, his domicile at the time of his death ; also that her right to dower has 153 GUARDIAN AD LITEM (165) not been barred and is not disputed by the heirs or de- visees, and that tlie widow or some other person inter- ested in the lands wishes it set apart. In case there be any minors or other persons under legal disability, having no legal guardian other than such widow, no hearing shall be had on the petition until after the ap- pointment of a general guardian or a guardian ad litem for them. (164) Rule 11. Settlement of Administration and Guardianship Accounts. Sec. 1. Form. All accounts of executors, admin- istrators, guardians and trustees shall be made in writing, duly verified, and contain an accurate, item- ized statement of all receipts and disbursements, un- less all persons interested in said estate shall waive such itemized statement. Sec. 2. Notice of Hearing. Before the allowance on the account of any executor, administrator, guard- ian or trustee, notice shall be given of the time and place for the examination and allowance of same by publication for three successive weeks, or by personal service of notice thereof upon all the parties interest- ed therein at least ten days prior to the time for such examination, unless such notice shall be waived in writing by all the persons interested therein. Sec. 3. Examination. Any party interested de- siring to contest such account may be required by the court to file specific objections thereto in writing and serve a copy thereof upon the accounting party or up- on his attorney, in case he shall have appeared by attorney, within such time as the court shall direct. It shall be within the discretion of the court in any case and at any time to require an examination of the accounting party with or without application therefor. (165) Rule 12. Guardian Ad Litem or Next Friend. The court may, when it shall be deemed necessary, (166) MICHIGAN PROBATE COURT RULES 154 appoint a guardian ad litem or a next friend to ap- pear for any minor or other person under legal dis- ability, to represent him in any matter pending before the court, or to prosecute any matter or proceeding in his behalf, with or without notice, as the court may direct. Upon the application of such minor or the next of kin of the ward or for any reason in the discretion of the court, such appointment may be re- voked and another guardian ad litem or next friend appointed. (166) Rule 13. Person May be Cited— How. A citation to any person over whom the court has acquired jurisdiction to account or appear before the court in any case authorized by law, may be by cita- tion or order of the court, and by personal service of a copy of such order or citation, or, if the person cited cannot be found within the jurisdiction of the court, by publication of such order, or mailing a copy thereof directed to such person at his postoffice address, if the same can with due diligence be ascertained, postage paid. Such mailing may be proved by affidavit. (167) Rule 14. Personal Service of Papers. All orders, citations, notices, subpoenas or other papers required to be served personally by the sheriff or any constable or other suitable adult person, and the service proved by the admission in writing of the person served, or by return of the officer or by affi- davit. (168) Rule 15. Continuance — Adjournment. Any matter noticed for hearing may by a^eement of the parties who appear, or in the discretion of the court, be continued to any certain day. 155 ORDERS AND DECREES (170) (169) Rule 16. Withdrawal of Files and Records. No records or papers on file shall be withdrawn from the files except for the purpose of proper exam- ination in the office where they are deposited ; and they shall not be removed from such office unless entrusted to one of the officers of the court, or a clerk, or a mes- senger therefrom, or of another court in which such records or files are required in the trial of a cause. (170) Rule 17. Orders and Decrees. All orders and decrees of the court shall be in writing, or printed, and signed by the judge. Such original orders or decrees, after being recorded, shall be placed in the files of the Court. Upon the final settlement of any estate, or the completion of any pro- ceedings in the Court, all petitions, orders and other papers filed therein shall be arranged and attached in the order in which they are filed, and a certificate of enrollment annexed thereto by the judge, register or clerk of the Court. Michigan Railroad Commission Rules In Cases and Proceedings under Act 312 of the Public Acts of 1907.* (171) Rule 1. Public Sessions. The general sessions of the Commission for hear- ing contested cases will be held at its office in the Cap- itol in the City of Lansing, on such days and at such hour as the Commission may designate. When special sessions are held at other places, such regulations as may be necessary will be made by the Commission. Sessions for receiving, considering, and acting up- on petitions, applications, and other communications, and also for considering and acting upon any business of the Commission other than the hearing of contested cases, will be held at its said office daily when the Commission is in Lansing. (172) Rule 2. Parties to Cases. Any person, firm, company, corporation, or asso- ciation, or any mercantile, agricultural or manufactur- ing society, or any body politic or municipal organiza- tion, or any railroad, may complain to the Commission by petition, of anything done, or omitted to be done, by any common carrier or carriers, in violation of the * By the terms of the act ere- cases where the property has ating the Railroad Commission been or is to be transported (Act. No. 300, P. A. 1909) and "between points within the defining its powers, its author- State." Ann Arbor Railrond Co. ity to promulgate demurrage v. Michigan Railroad Commis- rules is expressly limited to sion, 163 Mich. 54. (173) MICHIGAN RAILROAD COMMISSION RULES 158 provisions of the laws of Michigan, subject to the jurisdiction of the Commission. Where a complaint relates to the rates, regulations or practices of a single carrier, no other carrier need be made a party, but if it relates to matters in which two or more carriers, engaged in transportation by continuous carriage or shipment, are interested, the several carriers participating in such carriage or ship- ment are proper parties defendant. Where a complaint relates to rates, regulations or practices of carriers operating different lines, and the object of the proceeding is to secure correction of such rates, regulations or practices on each of said lines, all the carriers operating such lines must be made defendants. When the line of a carrier is operated by a receiver or trustee, both the carrier and its receiver or trustee should be made defendants in cases involving trans- portation over such line. Persons or carriers not parties may petition in any proceeding for leave to intervene and be heard there- in. Such petition shall set forth the petitioner's in- terest in the proceeding. Leave granted on such ap- plication shall entitle the intervener to appear and be treated as a party to the proceeding, but no person, not a carrier, who intervenes in behalf of the defense, shall have the right to file an answer or otherwise be- come a party, except to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard in person or by counsel on the argument of the case. (173) Rule 3. Complaints. Complaints of unlawful acts or practices by any common carrier must be by petition or complaint, setting forth briefly the facts claimed to constitute a violation of the law. The name of the carrier or car- riers complained against must be stated in full, and the address of the petitioner, with the name and ad- 159 NOTICE IN NATURE OF DEMURRER (175) dress of his attorney or counsel, if any, must appear upon the petition. The complainant must furnish as many additional copies of the petition as there may be parties complained against to be served. The Commission will cause a copy of the petition, with notice to satisfy or answer the same within a specified time, to be served, personally or by mail in its discretion, upon each carrier complained against. (174) Rule 4. Answers. A carrier complained against must answer within eight days from the date of the notice above provided for, but the Commission may, in a particular case, re- quire the answer to be filed within a shorter time. The time prescribed in any case may be extended, upon good cause shown, by special order of the Commission. The original answer must be filed with the Secretary of the Commission at its office in the City of Lansing, and a copy thereof at the same time served, person- ally or by mail, upon the complainant, who must forth- with notify the Secretary of its receipt. The answer must specifically admit or deny the material allega- tions of the petition, and also set forth the facts which will be relied upon to support any such denial. If a carrier complained against shall make satisfaction be- fore answering, a written acknowledgment thereof, showing the character and extent of the satisfaction given, must be filed by the complainant, and in that case the fact and manner of satisfaction, without other matter, may be set forth in the answer. If satisfaction be made after the filing and service of an answer, such written acknowledgment must also be filed by the com- plainant, and a supplemental answer setting forth the fact and manner of satisfaction must be filed by the carrier. (175) Rule 5. Notice in Nature of Demurrer. A carrier complained against who deems the peti- (176) MICHIGAN RAILROAD COMMISSION RULES 160 tion or complaint insufficient to show a breach of legal duty, may, instead of answering, or formally demur- ring, serve on the complainant notice of hearing on the petition; and in such case the facts stated in the petition will be deemed admitted. A copy of the no- tice must at the same time be filed with the Secretary of the Commission. The filing of an answer, however, will not be deemed an admission of the sufficiency of the petition, but a motion to dismiss for insufficiency may be made at the hearing. (176) Rule 6. Service of Papers. Copies of notices or other papers must be served upon the adverse party or parties, personally or by mail; and when any party has appeared by attorney, service upon such attorney shall be deemed proper service upon the party. (177) Rule 7. Affidavits. Affidavits to any pleading or application may be made before any officer of the United States, or of any State or Territory, authorized to administer oaths. (178) Rule 8. Amendments. Upon application of any party, amendments to any petition or answer, in any proceeding or investi- gation, may be allowed by the Commission in its dis- cretion. . . (179) Rule 9. Adjournments and Extensions of Time. Adjournments and extensions of time may be grant- ed upon the application of any party in the discretion of the Commission, or for good cause by the Commis- sion on its own motion. In the absence of a qu<)ram of the Commission at the time appointed for any hear- ing before such commission, such hearing may be con- 161 HEARINGS (181) tinued to a later date by a single member of the Com- mission present, or, in the absence of any member, by the secretary. (180) Rule 10. Stipulations. The parties to any proceeding or investigation be- fore the Commission may, by stipulation in writing filed with the Secretary, agree upon the facts, or any portion thereof involved in the controversy, which stipulation shall be regarded and used as evidence on the hearing. It is desired that the facts be tlius agreed upon whenever practicable. (181) Rule 11. Hearings. Upon issue being joined by the service of an an- swer or notice of hearing on the petition, the Conmiis- sion will assign a time and place for hearing the case, which will be at its office in the City of Lansing, unless otherwise ordered. Witnesses will be examined orally before the Commission, unless their testimony be taken or the facts be agreed upon as provided for in these rules. The complainant must in all cases establish the facts alleged to constitute a violation of the law, unless the carrier complained against admits the same or fails to answer the petition. The carrier must also prove facts alleged in the answer, unless admitted by the petitioner, and fully disclose its defense at the hearing. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable, and make such order thereon as the circumstances of the case appear to require. Cases shall be argued orally upon submission of the testimony, unless a different time shall be agreed upon by the parties or directed by the Commission, but oral argument may be admitted in the discretion of the Commission. Any investigation, inquiry or hearing which the (182) MICHIGAN RAILROAD COMMISSION RULES 162 Commission has power to undertake or to hold may be undertaken or held by or before any Commissioner when so directed by the Commission or its Chairman. All such investigations, inquiries or hearings of a Commissioner shall be and be deemed to be the investi- gations, inquiries and hearings of the Commission, and every decision and order made by a Commissioner, when approved and confirmed by the Commission and ordered filed in its office, shall be and be deemed to be the decision and order of the Commission: Provided, That any interested party shall be entitled to a re- hearing before the full Commission on request served upon the Commission within five days after service of such order upon such party, (182) Rule 12. Depositions. The testimony of any witness may be taken by de- position, at the instance of a party, in any proceeding or investigation before the Commission, and at any time after the same is at issue. The Commission may also order testimony to be taken by deposition, in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. The depo- sition may be taken before any judge of any court of the United States, or of any foreign country, or before any commissioner of a circuit court in Michigan, or of the United States, or of any state, or any commission- er for Michigan, or any consul, or consular officer, jus- tice of the peace, officer, or notary public authorized by the laws of this state, or of any other state, or of the United States, or by the laws of any foreign coun- try, to administer oaths, not being of counsel or at- torney for either of the parties, nor interested in the event of the proceeding or investigation. The seal of such court or official, or a certificate of such authority, given under the seal of any court of record, shall be prima facie evidence of authority to act. The same notice of taking depositions that is required by the laws of Michigan in taking depositions in civil cases 163 WITNESSES AND SUBPOENAS (183) must be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, whicli notice shall state the name of the witness and the time and place of the taking of his deposition, and a copy of such notice shall be filed with the Secretary. When testimony is to be taken on behalf of a com- mon carrier in any proceeding instituted by the Com- mission on its own motion, notice thereof in writing must be given by such carrier to the Commission it- self, or to such person as may have been previously designated by the Commission to be served with such notice. Every person w^hose deposition is taken shall be sworn (or may affirm, if he so request), to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing, which may be typewriting, by the magistrate taking the deposition, or under his direction, and shall, after it has been re- duced to writing, be subscribed by the witness. (183) Rule 13. Witnesses and Subpoenas. Subpoenas requiring the attendance of witnesses from any place in the State of Michigan to any desig- nated place of hearing, for the purpose of taking the testimony of such witness orally before the Conmiis- sion, or by deposition before a magistrate authorized to take the same, wall, upon the application of either party, or upon the order of the Commission directing the taking of such testimony, be issued by any member of the Commission. Subpoenas for the production of books, papers, or documents (unless directed to issue by the Commis- sion upon its own motion) will only be issued upon ap- plication in writing. Applications to compel a party to the proceeding to produce books, papers, or docu- ments need only set forth in a general way the books, papers, or documents desired to be produced, and that (184) MICHIGAN RAILROAD COMMISSION RULES 164 the applicant believes they will be of service in the determination of the case. Each witness who shall appear before the Com- mission by its order shall receive for his attendance the fees and mileage now provided for witnesses \n civil cases in circuit court, which shall be audited and paid by the State in the same manner as other ex- penses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and ap- proved by the chairman of the Commission: Provid- ed, that no witness subpoenaed at the instance of par- ties other than the Commission shall be entitled to com- pensation from the State for attendance and travel, and unless the Commission shall certify that his testi- mony was material and necessary to the matter in- vestigated. (184) Rule 14. Proposed Findings and Briefs. Proposed findings embracing the material facts claimed to be established by the evidence, and refer- ring to the particular part of the record relied upon to support each finding proposed, may be filed by each part}^ Printed or written arguments or briefs may be filed by any party. A copy of the proposed find- ings, briefs, or arguments filed on behalf of any party, must at the same time be served upon the adverse party or parties, personally or by mail, and notice of such service thereupon filed with the Secretary of the Commission. The time within which proposed findings and printed or written arguments or briefs shall be filed in any case will be determined by the Commission upon submission of the testimony. (185) Rule 15. Rehearings. Applications for reopening a case after final sub- mission, or for rehearing after decision made by the Commission, must be by petition, and must state spe- cifically the grounds upon which the application is 165 COPIES OF PAPERS OR TESTIMONY (187) based. If such application be to reopen the case for further evidence, the nature and purpose of such evi- dence must be briefly stated, and the same must not be merely cumulative. If the application be for a re- hearing, the petition must specify the findings of fact and conclusions of law claimed to be erroneous, with a brief statement of the grounds of error; and when any recommendation, decision, or order of the Com- mission is sought to he reversed, changed, or modified on account of facts and circumstances arising subse- quent to the hearing, or of consequences resulting from compliance with such recommendation, decision, or or- der which are claimed to justify a reconsideration of the case, the matters relied upon by the applicant must be fully set forth. Such petition must be duly verified, and a copy thereof, with notice of the time and place when the application will be made, must be served upon the adverse party at least ten days before the time named in such notice. (186) Rule 16. Printing of Pleadings, Etc. Pleadings, depositions, briefs, and other papers of importance, shall be printed or in typewriting, and when not printed only one side of the paper shall be used. (187) Rule 17. Copies of Papers or Testimony. Copies of any petition, complaint, or answer in any matter or proceeding before the Commission, or of any order, decision, or opinion by the Commission, will be furnished ^^athout charge, upon application to the Secretary by any person or carrier party to the proceeding. One copy of the testimony will be furnished by the Commission for the use of the complainant, and one copy for the use of the defendant, without charge, and when two or more complainants or defendants have appeared at the hearing, such complainants or defend- (188) MICHIGAN RAILROAD COMMISSION RULES 166 ants must designate to wliom the copy for their use shall be delivered. (188) Rule 18. Compliance with Orders Against Carriers. Upon the issuance of an order against any car- rier or carriers, after hearing, investigation, and re- port by the Commission, such carrier or carriers must promptly, upon compliance with its requirements, no- tify the Secretary that action has been taken in con- formity with the order; and when a change in rates is required, such notice must be given in addition to the filing of a schedule or tariff showing such change in rates. (189) Rule 19. Information to Parties. The Secretary of the Commission will, upon re- quest, advise any party as to the form of petition, answer, or other paper necessary to be filed in any case, and furnish such information from the files of the Commission as will conduce to a full presentation of facts material to the controversy. (190) Rule 20. Address of the Commission. All complaints concerning anything done or omit- ted to be done by any common carrier, and all petitions or answers in any proceeding, or applications in rela- tion thereto, and all letters and telegrams for the Commission, must be addressed, Michigan Railroad Commission, Lansing, Mich., unless otherwise special- ly directed. (191) Rule 21. Petitions Authorizing the Issuing of Stocks, Bonds, Notes and Other Evidences of Indebtedness. In any application under Act No. 144 oi the Pub- lic Acts of 1909 for an order authorizing the issuing 167 PETITIONS AUTHORIZING BONDS (191) of stocks, bonds, notes or other evidences of indebted- ness, the petition must show: 1. Amount and terms of proposed issue, and purposes for which the proceeds are to be used. 2. If the purpose is the acquisition of property, a general description of the property, from whom to be acquired, and terms of the contract for such acquisi- tion if any has been made. Names of owners of prop- erty to be acquired for right of way need not be set out, but &. general description of the proposed route should be given. 3. If the purpose is for the construction, comple- tion, extension, or improvement of facilities, the exist- ing facilities must be concisely set forth as well as those proposed. 4. If the purpose is the improvement of main- tenance of service, the existing ser\dce must be con- cisely set forth as well as the improvements or better- ments proposed. 5. If the purpose is the refunding of obligations, such obligations must be described fully, showing amount, date of issue, date of maturity, and all other material facts concerning the same. 6. The financial condition of the applicant. 7. If the application is for authorization of bonds to be secured by an existing mortgage, amount of bonds, if any, already issued upon such security, and amount and application made of proceeds of same. 8. If the proceeds are to be used for construction purposes, the affidavit of a competent person must be annexed, showing the estimated cost of such construc- tion in reasonable detail. 9. In applications for the issue of stock, the pe- tition must state whether or not any franchise is cap- italized directly or indirectly, and in case it is pro- posed to capitalize any franchise, there shall be filed Avith the petition a verified copy of such franchise, and an affidavit of the proper officer of the state or municipality granting the same, showing the amount that has been actually paid for such franchise. (192) MICHIGAN RAILROAD COMMISSION RULES 168 10, If any contract, agreement, or arrangement, verbal or written, has been made to sell the stock, bonds, notes or other evidence of indebtedness pro- posed to be issued, such contract, agreement, or ar- rangement must be set out in full, with copy of the same in writing. 11. If no contract, agreement, or arrangement has been made for the sale or disposal of the stock, bonds, notes, or other evidence of indebtedness pro- posed to be issued, there must be annexed an affidavit of a competent person showing the amount which can probably be realized from the sale or disposition there- of, and the reason for the opinion of the affiant. There must be annexed to the petition an affidavit made by at least three of the directors of the appli- cant, showing that it is the intention of the applicant in good faith to use the proceeds of the stock, bonds, notes, or other evidence of indebtedness proposed to be issued, for the purposes set forth in the petition. (192) Rule 22. Order Authorizing the Issuance of Stocks, Bonds, Notes and Other Evidences of Indebtedness. The order granting an application, or any part thereof, under Act No. 144 of the Public Acts of 1909 shall contain the following provisions : 1. Prescribing the purposes for which the pro- ceeds of the security or obligation authorized shall be used. 2. Directing the applicant to report under oath the sale or sales of the obligations authorized, the terms and conditions of such sale, and the amount realized therefrom. 3. That the applicant shall make a verified re- port at least once every six months, showing in detail the use and application by it of the moneys so realized, until such moneys shall have been fully expended. 4. Such other provisions as the Commission may deem necessary to appropriate in each case. Industrial Accident Board Rules Under the Employers' Liability and Workmen's Compensation Act Eules and system of reporting accidents and the making and keeping record of adjustment and pay- ment of compensation, adopted by the Industrial Board. See Act No. 10, P. A. 1912, Extra Sessions. (192 a) Rule 1. What Accidents to be Reported. All accidents which result in disability continuing for more than one full working day shall be reported to the Board ; all accidents involving the loss of a mem- ber shall be so reported irrespective of the question of disability resulting; all accidents causing death shall be reported to the Board. (192 b) Rule 2. When to be Reported. All employers subject to the Compensation Law shall make reports to the Board weekly of all accidents to their employes which come within the classes of ac- cidents designated in Rule 1. Such reports shall be on and in accordance with the requirements of the Aveekly report blank, ''Form No. 5-a," of said Board. (192 c) Rule 3. Fifteenth-day Report. In all cases where the disability resulting to the injured employe continues for more than fourteen days, a further report, on and in accordance with the (192d) MICHIGAN ACCIDENT BOARD RULES. 170 requirements of report blank, ''Form No. 6," shall be made to the Board on the fifteenth day of suctL dis- ability: Provided, That in all cases where the acci- dent causes the lows of a member or death, such report on, Form No. 6 shall be made to the Board within ten days after such accident or such death, as the case may be. (192 d) Rule 4. Immediate Report Required. In all cases Avhere a claim for compensation is filed ^dth the Board by an injured employe, if it appears that the report required by Rule 3 has not been made and filed by the employer on account of disagreement as to the continuance of the disability or for any other reason, the Board shall thereupon require such em- ploye to forthwith file a report of the accident on and in accordance with the requirements of Form No. 6 of said Board. (192 e) Rule 5. Memorandum Agreement. "When an agreement in regard to compensation is made between the employer and the injured employe, the same shall be in writing on and in accordance with Form No. 10 of the Board, and such agreement, to- gether with the supplemental report in accordance with the requirements of Form No. 7, shall be imme- diately filed with the Board. (192 f ) Rule 6. Supplemental Report. In cases where the employer and employe fail to reach an agreement in regard to compensation and either of such parties files application with the Board for arbitration of the matter, such emploj^er shall, within fifteen days after the filing of such application for arbitration, make and file with the Board a sup- plemental report of the accident on and in accordance with the requirements of Form No. 7 of said Board. 171 FINAL REPORT. (192i) (192 g) Rule 7. Receipts for Compensation. After an agreement relating* to compensation is made between the employer and the injured employe, and approved by the Board; and also in cases where an application for arbitration has been filed and an award of compensation made by the Board, receipts for weekly pajTnents of compensation made upon Form No. 11, signed by such employe or his depend- ents, shall be filed in the office of the Board monthly. (192 h) Rule 8. Final Report— Termination of Dis- ability. When the disability of the injured employe termin- ates ; and also when the payment of compensation for the loss of a member, or in case of death, has been fully made, final report thereof shall be filed with the Board, on and in accordance with Form No. 12, signed by the employe or his dependents, as the case may be. (192 i) Rule 9. Final Report — Construction. "Wherever the word ''employer" is used in the foregoing rules, numbered 1 to 8 inclusive, it shall be construed to cover either the employer, or the insur- ance company carrying the risk, or the Commissioner of Insurance, as the case may be. PART TWO UNITED STATES COURT RULES United States Court Rules United States Local Bankruptcy Court Eules United States G^eneral Orders in Bankruptcy United States Local Common Law Court Eules United States Local Equity Court Rules United Staltes General Equity Court Rules United States Local Criminal Court Rules United States Local Miscellaneous Court Rules United States Local Admiralty CoTirt Rules United States Gieneral Admiralty Court Rules United States Court of Appeals Court Rules United States General Supreme Court Rules United States Local Bankruptcy Court Rules For the Eastern District of Michigan Adopted by Alexis C. Angell, U. S. District Judge, May 31, 1912 (193) Rule 1. Petitions; Schedules. (a) Petitions should state the occupation, and where the debtor has resided, including the street and num- ber, if any, and also wliere his principal place of busi- ness, if any, has been during the preceding six months, or the greater part thereof, and the schedules shoukj state the street and number of the residence, or place of business, of the creditors, so far as known. (b) Petitions by one or more of several co-partners should state, in case a discharge from co-partnership debts is desired, whether there are firm assets, and if there are, the petition should further state whether the firm or any other partners, not joining in the peti- tion, are solvent or insolvent, and the place of resi- dence, and whereabouts of such other partners, so far as known, or ascertainable, in order that they may be brought in as parties in case they refuse to join in the petition. (c) Petitions, schedules and other papers filed shall be written, typewritten or printed upon white paper of tlie size of law cap, approximately thirteen inches long and eight inches mde. All pleadings must be properly indorsed with the name of the court, the title of the cause, and, if the parties appear by an at- tornej^ his name and office address. (194) U. S. LOCAL BANKRUPTCY COURT RULES 176 (194) Rule 2. Service of Subpoena — Publication. (a) In involuntary proceedings, if personal ser- vice of the subpoena cannot be made by a delivery of a copy thereof to the debtor or to some adult person who is a member of or resident in the debtor's family, at his dwelling house or usual place of abode within the district, and if the debtor shall not file his appear- ance within five days after the return day of the sub- poena, the Court, on proof by affidavit of the foregoing facts, and of the whereabouts of the debtor, if known, will make an order directing such debtor to appear, plead, answer or demur by a day certain to be desig- nated therein, which order shall be served upon such absent debtor, if practicable, wherever found, or, if personal service of such order shall, in the opinion of the Court, be impracticable, it shall be published in such manner as the court shall direct ; and upon proof of such service or publication of said order, and of compliance with the terms thereof, proceedings shall be had as upon personal service of the debtor within the district. (b) Upon the petition of one or more of several co-partners to have a co-partnership adjudged bank- rupt, where some other member or members of the firm do not join in the petition, the same proceedings as in involuntary cases must be had to bring in the other co-partner or co-partners. (195) Rule 3. Filing- Petition, Deposit of Fees. (a) All petitions shall be filed with the Clerk at his office in the division of the District wherein the bankrupt has had his principal place of business, has resided or been domiciled for the greater part of the six months next preceding such filing. (b) At the time of filing a petition $30.00 shall be paid to the Clerk by the petitioner, except in cases where a fee is not required by a voluntary bankrupt; being $10.00 for the Clerk; $15.00 for the Referee and 177 PROCEEDINGS ON DEFAULT (197) $5.00 for the Trustee. In case the petition is dismissed where no reference has been made to the Referee, it shall be the duty of the Clerk if there has been no adjudication, upon the order of the Court, to forthwith return to the petitioner the amount deposited for the fees of the Referee and Trustee, respectively. (c) Voluntary Petitions shall be filed in triplicate and Involuntary Petitions should be filed in duplicate ; in case an Involuntary Petition shall be filed against more than one alleged bankrupt, there should also be filed one original petition for each additional bank- rupt named therein. (196) Rule 4. Petition in Forma Pauperis. In case a petition is filed by a pauper voluntary bankrupt which is accompanied by an affidavit under subdivision 2 of Section 51 of the act, it shall be the duty of the Clerk to file said petition without the pay- ment of the fees provided for by law. If the Clerk, or the Referee to whom said petition is referred, has rea- son to believe such affidavit is false, he may file a cer- tificate to that effect and cause the bankrupt to be ex- amined. If upon such examination the referee reports in writing that the statements contained in such affi- davits are false, and that the bankrupt has or can ob- tain money with which to pay said fees, such report shall be sufficient proof upon which to base proceed- ings under subdivision 4 of General Order No. XXXV. (197) Rule 5. Involuntary Petition; Subpoena; Pro- ceedings on Default. (a) Where an involuntary petition is filed in con- formity with law, it shall be the duty of the Clerk to issue a subpoena, as provided in form No. 5. (b) In case no pleadings are filed by the bankrupt or any of his creditors within the time provided by the act, the judge or, in his absence, the clerk, will enter the proper order without further appearance or ac- tion on the part of the petitioner. (198) U. S. LOCAL BANKRUPTCY COURT RULES 178 (198) Rule 6. Involuntary Cases — Schedules; Amend- ment of. (a) In involuntary cases the schedules filed by the bankrupt or petitioning creditors (all pages of which shall be signed as in voluntary cases) shall be filed within ten days from the date of adjudication and shall be in triplicate — one copy for the Clerk, one for the Referee, and one for the Trustee — as in voluntary cases. (b) Amendments to the schedules may be allowed by the Referee upon his own motion or on application upon cause shown. Such amended schedules must be made in triplicate and presented to the Referee, who will examine the same and if in accordance with the forms and the general order, file one of the amended schedules, together with his order allowing the same, with the Clerk of the Court and also furnish a copy to the Trustee. (199) Rule 7. Pleadings in Involuntary Cases. Jury and Court Trials. (a) Prior to a denial of bankruptcy, the pleadings in involuntary cases on the part of the alleged bank- rupt, or any of his creditors who oppose the adjudi- cation, shall conform as nearly as may be to the plead- ings of a defendant in an equity action in the District Court of the United States. (b) In case a jury trial is demanded, as provided by section 19 of the act, the clerk shall enter an order as provided in form No. 7, and the issue may be no- ticed for trial at any of the regular terms of the Dis- trict Court and shall proceed in all respects like the trial of any action at common law, except that the Court may frame and send to the jury special ques- tions presenting the issues to be tried. Upon the com- ing in of the verdict the judge may, in accordance theremth, make an adjudication either that the debtor is or is not a bankrupt. In case a jury trial is not de- 179 DISMISSAL OF PROCEEDINGS (200) manded the judge may determine the issues presented by the pleadings or he may refer the same, or any specified issue, to a Special Master to ascertain and report the facts and he shall report the evidence witli findings of fact and conclusions of law separately stated. (c) Except where a jury trial has been properly demanded, contested causes may be referred to the Referee as Special Master, and may not be noticed for proofs in open court, without the previous allow- ance of the judge on adequate cause shown. (200) Rule 8. Application to Dismiss Proceedings. (a) Every application to dismiss a voluntary or involuntary petition in bankruptcy, as contemplated Section 59g of the Bankruptcy Act, must be by petition in writing, signed by the applicant or his attorney of record in the case ; and if made in an involuntary case before the schedules provided for in Section 7 of the act have been filed, such application must be accom- panied by a list of all the known creditors of the bank- rupt mtli their addresses, which list shall have been sworn to hj the bankrupt. (b) Upon the filing of such petition to dismiss, an order may be entered of record in the case, fixing a reasonable time after the filing of the application upon which creditors and all parties in interest may show cause before the court, if any there be, in opposition to such petition to dismiss, which order shall also pro- vide for notice to be given in accordance with Section 58a (8) of the Bankruptcy Act. (c) If an application to dismiss is presented be- fore adjudication and reference, it shall be made to the judge, and the notice aforesaid may be given by the clerk ; if filed after the adjudication and reference, it may be made to the Referee and the notice shall be given by the Referee to wiiom the case stands gener- ally referred. (d) The certificate of the Clerk or Referee, as the (201) U. S. LOCAL BANKRUPTCY COURT RULES 180 ease may be, showing that such notice has been duly- given, shall be filed in the proper office on or before the day fixed in the order to show cause. (201) Rule 9. Time and Place of Hearing; Referee to Fix. (a) The Clerk shall mail a copy of the Order of Keference to the Referee, and thereafter all proceed- ings except such as are required by the act, or by the General Orders to be had before the judge, shall be had before the Referee, who shall fix the time when and the place where he will act upon the matters aris- ing in the case; all meetings of creditors to be held at the time and place provided by Section 55 of the Bankruptcy Act. (b) If the Referee cannot attend on the day named in the order of reference, he may name a subsequent day within ten days thereafter, and give the bankrupt timely notice of the change; but the day first named shall be the day from which the bankrupt shall be sub- ject to the orders of the court, as provided in General Order No. XII. (202) Rule 10. Review of Orders of Referee; Fur- ther Proofs. (a) Wlien any person shall desire a review by the Judge of any order made by the Referee, he shall file with the Referee his petition therefor, pursuant to General Order No. XXVII, within ten days after notice of the making of such order, unless such time shall be extended by the Referee, or Judge, upon cause shown. Failing to file such petition for review within said time, unless the time therefor shall be ex- tended upon due cause shown, or within such extended time, shall be deemed a waiver of all right to have the same reviewed by the Judge. (b) Any person entitled to a review by the Judge of any order made by the Referee may, within ten 181 HEARING OF QUESTIONS (203) days after the filing of the certified report of the Ref- eree, as provided by General Order XXVII, or such further time as the Judge may allow, apply in writing to the Judge for a further reference to the Referee of the subject matter of the order for the purpose of correcting inadvertent mistakes of fact or law, or cor- recting or supplementing an imperfect record, oi re- ceiving newly discovered evidence; but the apy^lica- tion must point out specifically the alleged niistdkes and imperfections and the occasion thereof, and dis- close the nature and source of the newly discovered evidence and that the same is material and may be controlling, and is not merely cumulative, and could not have been discovered before by the use of dili- gence. Failure to file such application ^vithin the time and manner provided shall be deemed to be a waiver thereof. Notice of hearing upon s^.ch application; shall be given to opposing party or counsel as the court may direct. (c) Referees shall make and file decisions upon matters submitted to them within one month from the final submission thereof, unless the time shall be ex- tended by the order of the Judge. Upon filing such decisions the Referees shall forthwith give written notice thereof to all parties in interest or to the at- torneys appearing for them respectively. (d) Any party to such review shall be entitled to have the testimony or such portions thereof as are deemed material to the matter sought to be reviewed, certified and returned with the record thereon, upon making due application to the Referee therefor and paying for the cost of transcribing such testimony. (203) Rule 11. Hearing of Question Certified by Referee. After a question has been certified by the Referee pursuant to General Order No. XXVII, and as pro- vided in form No. 56, the papers shall be filed with the Clerk and the hearing may be brought on before {204) U. S. LOCAL BANKRUPTCY COURT RULES 182 the Judge upon any motion day by either party by giving at least four days' notice thereof to the oppos- ing attorney, and causing the same to be put on the motion docket. (204) Rule 12. Discharges. (a) The petition for discharge must be filed with the clerk. Such petition must be duly verified and must conform to the provisions of General Order No. 31, and of forms Nos. 57 and 61. There must be pre- sented before the final discharge is granted, a report or certificate from the Eeferee, showing that the pe- titioner has committed none of the offenses and has been guilty of none of the acts prohibited in Subdi- vision B of Section 14 of the Bankruptcy Act, and whether or not the petitioner is, in the opinion of the Referee, entitled to his discharge. (b) The order to show cause why the discharge should not be granted may be entered by the Clerk. It must state the time and place of the hearing, and the Clerk shall give notice as provideS7 REHEARING. (628) 3. Two hours on each side will be allowed for the argu- ment and no more, without special leave of the court, granted be- fore the argument begins. The time thus allowed may be ap- portioned between the counsel on the same side at their discre- tion; provided, always, that a fair opening of the case shall be made by the party having the opening and closing arguments. (625) Rule 26. Form of Printed Records, Argu- ments and Briefs. 1. All records should be of a uniform size, printed in small pica type, 24 pica ems to a line, 48 lines to a page, solid, with an index and a suitable cover, containing the title of the court and cause, the court from which the case is brought to this court and the number of the case; size of page to be 914x614 inches, except that in patent cases the size of the page shall be 1034x7% inches; that is to say, large enough to bind in copies of patent oflBce drawings and specifications without folding. 2. All arguments and briefs of attorneys shall be printed and conform as near as prac- ticable to the size of the printed record. (626) Rule 27. Copies of Records and Briefs. The clerk shall carefully preserve in his office one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs, and arguments filed therein. (627) Rule 28. Opinions of the Court. 1. All opinions delivered by the court shall, immediately upon the delivery thereof, be handed the clerk to be recorded. 2. The opinions of the court shall be printed under the super- vision of the clerk by the printer to whom the court printing has been awarded, in accordance with paragraph 7, Rule 23. 3. All opinions printed under the supervision of the clerk need not be copied by the clerk into a book of records; but at the end of each term the clerk shall cause such printed opinions to be bound in a substantial manner into one or more volumes, and when so bound they shall be deemed to have been recorded within the meaning of this rule. (628) Rule 29. Rehearing. A petition for rehearing after judgment can be presented only within thirty days after the day when the printed opinion of the court is returned by the printer to the clerk, and can be obtained by counsel for the parties (which date the clerk shall note upon the appearance docket), unless by special leave granted during such thirty days, and must be printed, and briefly and distinctly state its grounds, and be supported by certificate of counsel; and (629) U. S. COURT OF APPEALS COURT RULES. 358 will not be granted or permitted to be argued, unless a judge who concurred in the judgment desires it, and a majority of the court so determine. (629) Rule 30. Interest. 1. In cases where a writ of error is prosecuted in this court and the judgment of the inferior court is affirmed, the interest shall be calculated and levied, from the date of the judgment below until the same is paid, at the same rate that similar judg- ments bear interest in the courts of the State or Territory where such judgment was rendered. 2. In all cases where a writ of error shall delay the proceed- ings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding ten per cent., in addition to interest, shall be awarded upon the amount of the judgment. 3. The same rule shall be applied to decrees for the payment of money in cases of equity, unless otherwise ordered by this court. 4. In cases in admiralty, damages and interest may be allowed if specially desired by the court. (630) Rule 31. Costs. 1. In all cases where any suit shall be dismissed in this court, except where the dismissal shall be for want of jurisdiction, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the court. 2. In all cases of affirmation of any judgment or decree in this court, costs shall be allowed to the defendant in error or ap- pellee, unless otherwise agreed by the court. 3. In cases of reversal of any judgment or decree in this court costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be taxable in that court as costs in the case. 4. Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this suit for or against the United States. 5. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the man- date, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail. 6. In all cases certified to the Supreme Court or removed thereto by certiorari or otherwise, the fees of the clerk of this court shall be paid before a transcript of the record shall be trans- mitted to the Supreme Court. (631) Rule 32. Mandate. In all cases finally determined in this court, a mandate or other proper process in the nature of a procedendo shall be issued 359 TESTIMONY AFTER APPEAL. (634) on the order of this court, to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and jus- tice may appertain. Such mandate shall not issue until time has elapsed for filing a petition to rehear, as defined by Rule 29; and no mandate or other process of procedcvdo shall issue when a petition to rehear is pending, unless specially ordered. Every mandate shall be ac- companied by a copy of the opinion filed in the cause in which it is issued, and the charge for the same shall be taxed in the costs of the case. (632) Rule 33. Custody of Prisoners on Habeas Corpus. 1. Pending an appeal from the final decision of any court or judge declining to grant the writ of habeas corpus, the custody of the prisoner shall not be disturbed. 2. Pending an appeal from the final decision of any court or judge discharging the writ after it has been issued, the prisoner shall be remanded to the custody from which he was taken by the writ, or shall, for good cause shown, be detained in custody of the court or judge, or be enlarged upon recognizance, as hereinafter provided. 3. Pending an appeal from the final decision of any court or judge discharging the prisoner, he shall be enlarged upon recog- nizance, with surety, for appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. (633) Rule 34. Models, Diagrams, and Exhibits of Material. 1. Models, diagrams and exhibits of material forming part of the evidence talven in the court below, in any case pending in this court, on writ of error or appeal, shall be placed in the custody of the marshal of this court at least ten days before the case is heard or submitted. 2. All models, diagrams and exhibits of material placed in the custody of the marshal for the inspection of the court on the hearing of a case must be taken away by the parties within one month after the case is decided. When this is not done it shall be the duty of the marshal to notify the counsel in the case, by mail or otherwise, of the requirements of this rule; and, if the articles are not removed within a reasonable time after the notice is given, he shall destroy them or make such other disposition of them as to him may seem best. (634) Rule 35. Testimony in Admiralty Cases After Appeal. In admiralty appeals no testimony shall be taken except under a commission issued from this court to a clerk of a United States (635) U. S. COURT OF APPEALS COURT RULES. 360 court or a United States commissioner by direction of the court, the circuit justice, or either circuit judge qualified to sit on appeal In said case, after cause shown to such court, justice or jud^e that such evidence is material and necessary and could not by due diligence have been produced at the original hearing. Such testimony shall be taken only upon interrogatories settled by such court, justice or judge, upon at least ten days' previous notice to the opposing party or his attorney (accompanied with a copy of the proposed interrogatories) and upon cross interrogatories to be settled at the same time after five days' previous notice of the same, with copy thereof to be served upon counsel offering testimony. (635) Rule 36. Disposition of Fees — Not Costs in Cases. All fees collected by the clerk which are not properly taxable as costs in any case pending in the court, and which are not by law required to be deposited by him in the treasury of the United States, after the payment of any deficit arising from the printing of opinions, shall constitute a fund to be expended in the purchase of law books for the library of the court by the clerk, under the direction of the court. And it shall be the duty of the clerk to render to the court, for its examination and approval, a quarterly account of such fees received and disbursed by him." (636) Rule 37. Appeal of Writ of Error May be Allowed. 1. An appeal or writ of error from a circuit court or a district court to this court in the cases provided for in sections 6 and 7 of the act entitled "An act to establish Circuit Courts of Appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States and for other purposes," approved March 3, 1891, and acts to amend said act, approved February 18, 1895, and January 20, 1897, may be allowed in term time or vaca- tion by the circuit justice, or by either circuit judge within the circuit, or by any district judge within his district, and the proper security be taken and the citation be signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal. 2. Where such writ of error to this court is allowed in the case of a conviction of an in- famous crime, or in any other criminal case in which it will lie, the circuit court or district court, or any justice or judge thereof, shall have power, after the citation is served, to admit the ac- cused to bail in such amount as may be fixed. United States Interstate Commerce Commission Rules (636 al) Rule 1. Public Sessions. The general sessions of the Commission for hearing contested cases, including oral argument, will be held at its office in the American Bank Building, No. 1317 F Street NW., Washington, D, C, and the two weeks beginning with the first Monday in each month are set aside for that purpose. Special sessions may be held at other places as ordered by the Commission. (636 a2) Rule 2. Parties to Cases. Any person, firm, company, corporation, or association, mer- cantile, agricultural, or manufacturing society, body politic or municipal organization, or any common carrier, or the railroad commissioner or commission of any State or Territory, may com- plain to the Commission by petition, of anything done, or omitted to be done, in violation of the provisions of the act to regulate commerce by any common carrier or carriers or other parties subject to the provisions of said act Where a complaint relates to the rates, regulations, or practices of a single carrier, no other carrier need be made a party, but if it relates to matters in which two or more carriers, engaged in transportation by continuous carriage or shipment, are interested, the several carriers partici- pating in such carriage or shipment are proper parties defendant. Where a complaint relates to rates, regulations, or practices of carriers operating different lines, and the object of the pro- ceeding is to secure correction of such rates, regulations or prac- tices on each of said lines, all the carriers operating such lines must be made defendants. When the line of a carrier is operated by a receiver or trustee, both the carrier and its receiver or trustee should be made defendants in cases involving transportation over such line. Persons or carriers not parties may petition in any proceed- ing for leave to intervene and be heard therein. Such petition shall set forth the petitioner's interest in the proceeding. Leave granted on such application shall entitle the intervener to appear and be treated as a party to the proceeding, but no person not a carrier who intervenes in behalf of the defense shall have the (636 a3) u. s. commerce commission rules. 362 right to file an answer or otherwise become a party, except to have notice of and appear at the taking of testimony, produce and cross-examine witnesses, and be heard, in person or by counsel, on the argument of the case. (636 a3) Rule 3. Complaints. Complaints must be by petition setting forth briefly the facts claimed to constitute a violation of the law. The name of the carrier or carriers complained against must be stated in full, and the address of the petitioner, with the name and address of his attorney or counsel, if any, must appear upon the petition. The petition need not be verified. The complainant must furnish as many copies of the petition as there may be parties complained against to be served and three additional copies for the use of the Commission. The Commission will cause a copy of the petition, with notice to satisfy or answer the same within a specified time, to be served personally or by mail, in its discretion, upon each defendant. (636 a4) Rule 4. Answers. A defendant must answer within twenty days from the date of the notice above provided for, but the Commission may, in a particular case, require the answer to be filed within a shorter time- The time prescribed in any case may be extended, upon good cause shown, by the Commission. The original answer must be filed with the secretary of the Commission at its office in Washington, and a copy thereof at the same time served by the defendant, personally or by mail, upon the complainant, who must forthwith notify the secretary of its receipt. The answer must specifically admit or deny the material allegations of the petition, and also set forth the facts which will be relied upon to support any such denial. If a defendant shall make satisfaction before answering, a written acknowledgment thereof, showing the char- acter and extent of the satisfaction given, must be filed by the complainant, and in that case the fact and manner of satisfaction, without other matter, may be set forth in the answer. If satis- faction be made after the filing and service of an answer, such written acknowledgment must also be filed by complainant, and a supplemental answer setting forth the fact and manner of satis- faction must be filed by the defendant. (636 a5) Rule 5. Notice in Nature of Demurrer. A defendant who deems the petition insufficient to show a breach of legal duty may, instead of answering or formally de- murring, serve on the complainant notice of hearing on the peti- tion; and in such case the facts stated in the petition will be deemed admitted. A copy of the notice must at the same time be filed with the secretary of the Commission. The filing of an answer, however, will not be deemed an admission of the suf- ficiency of the petition, but a motion to dismiss for insufficiency may be made at the hearing. 363 HEARINGS. (636 alO) (636 a6) Rule 6. Service of Papers. Copies of notices or other papers must be served upon the adverse party or parties, personally or by mail, and when any party has appeared by attorney service upon such attorney shall be deemed proper service upon the party. (636 a7) Rule 7. Amendments. Upon application of any party, amendments to any petition or answer, in any proceeding or investigation, may be allowed by the Commission, in its discretion. (636 a8) Rule 8. Adjournments and Extensions of Time. Adjournments and extensions of time may be granted upon the application of any party, in the discretion of the Commission. (636 a9) Rule 9. Stipulations. The parties to any proceeding or investigation before the Commission may, by stipulation in writing filed with the secre- tary, agree upon the facts, or any portion thereof, involved in the controversy, which stipulation shall be regarded and used as evidence on the hearing- It is desired that the facts be thus agreed upon whenever practicable. (636 alO) Rule 10. Hearings. Upon issue being joined by the service of an answer or notice of hearing on the petition, the Commission will assign a time and place for hearing the case, which will be at its office in Wash- ington, unless otherwise ordered. Witnesses will be examined orally before the Commission, unless their testimony be taken or the facts be agreed upon as provided for in these rules. The complainant must in all cases establish the facts alleged to con- stitute a violation of the law, unless the defendant admits the same or fails to answer the petition. The defendant must also prove facts alleged in the answer, unless admitted by the peti- tioner, and fully disclose its defense at the hearing. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable, and make such order thereon as the circumstances of the case appear to require. Cases may be heard by one or more members of the Com- mission, or by a special agent or examiner, as ordered by the Commission. When testimony is directed to be taken by a special agent or examiner, such officer shall have power to administer oaths, examine witnesses, and receive evidence, and shall make report thereof to the Commission. (636 all) U. S. COMMERCE COMMISSION RULES. 364 All cases shall be orally argued in Washington, D. C, or sub- mitted upon briefs, unless otherwise ordered by the Commission. (636 all) Rule 11. Depositions. The testimony of any witness may be taken by deposition, at the instance of a party, in any case before the Commission, and at any time after the same is at issue- The Commission may also order testimony to be taken by deposition, in any proceeding or investigation pending before it, at any stage of such proceed- ing or investigation. Such depositions may be taken before any authorized special agent or examiner of the Commission, judge of any court of the United States, or any commissioner of a cir- cuit or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties or otherwise inter- ested in the proceeding or investigation. Reasonable notice must be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition, and a copy of such notice shall be filed with the secretary of the Commission. When testimony is to be taken on behalf of a common carrier in any proceeding instituted by the Commission on its own mo- tion, reasonable notice thereof in writing must be given by such carrier to the secretary of the Commission. Every person whose deposition is taken shall be cautioned and sworn (or may affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing, which may be typewriting, by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the witness. If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the secretary. All depositions must be promptly filed with the secretary. (636 al2) Rule 12. Witnesses and Subpoenas. Subpoenas requiring the attendance of witnesses from any place in the United States to any designated place of hearing, for the purpose of taking the testimony of such witnesses orally before one or more members of the 'Commission, or an authorized special agent or examiner of the Commission, or by deposition, will, upon the application of either party, or upon the order of the Commission directing the taking of such testimony, be issued by any member of the Commission. Subpoenas for the production of books, papers, or documents (unless directed to issue by the Commission upon its own mo- 365 BRIEFS. (636 al4) tion) will only be issued upon application in writing; and when it is sought to compel witnesses, not parties to the proceeding, to produce such documentary evidence, the application must be sworn to and must specify, as nearly as may be, the books, papers, or documents desired; that the same are in the possession of the witness or under his control; and also, by facts stated, show that they contain material evidence necessary to the applicant. lAppli- cations to compel a party to the proceeding to produce books, papers, or documents need only set forth in a general way the books, papers, or documents desired to be produced, and that the applicant believes they will be of service in the determination of the case. Witnesses whose testimony is taken orally or by deposition, and the magistrate or other officer taking such depositions, are severally entitled to the same fees as are paid for like services in the courts of the United States, such fees to be paid by the party at whose instance the testimony is taken.* * Fees of witnesses are fixed by law at $1.50 for each day's attendance at the place of hearing or of taking depositions, and 5 cents per mile for going to said place from his place of residence and 5 cents per mile for returning therefrom. (636 al3) Rule 13. Documentary Evidence. Where relevant and material matter offered in evidence is embraced in a report, tariff, rate sheet, classification, book, pam- phlet, written or printed statement, or document of any kind con- taining other matter not material or relevant and not intended to be put in evidence, such report, etc., in whole, shall not be received or allowed to be filed in a cause on hearing before this Commission or at any time during the pendency thereof, but counsel or other party offering the same shall also present in convenient and proper form for filing a copy of such material and relevant matter, and that only shall be received and allowed to be filed as evidence and made part of the record in such cause; provided, however, that, if practicable, such matter may be read and taken down by the reporter and thus made part of the record. (636 al4) Rule 14. Briefs. Unless otherwise specially ordered, printed briefs shall be filed on behalf of the parties in each case. The brief for com- plainant and the brief or briefs for the defendants, or interveners, shall contain an abstract of the evidence relied upon by the parties filing the same; and in such abstract reference shall be made to the pages of the record wherein the evidence appears. The ab- stract of evidence should follow the statement of the case and precede the argument. Briefs shall be printed in 12-point type, on antique-finish paper, 5% inches wide by 9 inches long, with suitable margins, double-leaded text and single-leaded citations. At the close of the taking of the testimony in each case the Commissioner or examiner before whom such testimony is taken (636 al5) u. s. commerce commission rules. 366 shall fix the specific dates on or before which the briefs of the respective parties must be filed with the Commission and served on the adverse parties. The date so fixed, unless otherwise or- dered at said time, shall allow to the respective parties the fol- lowing periods of time within which to file with the Commission and serve their respective briefs on the adverse parties, to wit: To the complainant, thirty days from the date of the conclusion of the testimony; to the defendants and interveners, fifteen days after the specific date fixed for the complainant, and to complain- ant for reply brief, ten days after the date fixed for defendants or interveners. If the briefs of the respective parties are not filed and served on the date fixed for each, the case will stand sub- mitted without briefs on the date that defendants' or interveners' briefs are due- Briefs of parties not filed as aforesaid and served on the respective parties on or before the specific dates fixed therefor will not be received or considered by the Commission. All briefs shall be filed with the secretary and shall be accom- panied by notice showing service upon the adverse parties, and fifteen copies of each brief shall be filed for the use of the Com- mission. The parties will be required to comply strictly with this rule, and except for good cause shown, no extension of time will be allowed. Applications for extension of time in which to file briefs shall be by petition, in writing, stating the facts on which the application rests, which must be filed with the Com- mission at least five days before the time for filing such brief has expired. Applications for oral argument may be made by any party at the close of the taking of the testimony or at the time of the filing of his brief. Such applications can be granted only by the Commission. (636 al5) Rule 15. Rehearings. Applications for reopening a case after final submission, or for rehearing after decision made by the Commission, must be by petition, and must state specifically the grounds upon which the application is based. If such application be to reopen the case for further evidence, the nature and purpose of such evidence must be briefly stated, and the same must not be merely cumu- lative. If the application be for a rehearing, the petition must specify the findings of fact and conclusions of law claimed to be erroneous, with a brief statement of the grounds of error; and when any decision, order, or requirement of the Commission is sought to be reversed, changed, or modified on account of facts and circumstances arising subsequent to the hearing, or of con- sequences resulting from compliance with such decision, order, or requirement which are claimed to justify a reconsideration of the case, the matters relied upon by the applicant must be fully set forth. (636 al6) Rule 16. Printing of Pleadings, Etc. Pleadings, depositions, and other papers of importance shall be printed or in typewriting, and when not printed only one side of the paper shall be used. 367 ADDRESS OF THE COMMISSION. (636 a21) (636 al7) Rule 17. Copies of Papers or Testimony. Copies of any report, decision, order, or requirement of the Commission will be furnished without charge upon application to the secretary by any person or carrier party to the proceedings. One copy of the testimony will be furnished by the Com- mission for the use of the complainant and one copy for the use of the defendant, without charge; and when two or more com- plainants or defendants have appeared at the hearing, such com- plainants or defendants must designate to whom the copy for their use shall be delivered- (636 al8) Rule 18. Compliance With Orders. Upon the issuance of an order against any defendant or de- fendants, after hearing, investigation, and report by the Com- mission, such defendant or defendants must promptly notify the secretary of the Commission, upon the date when such order becomes effective, as to whether such defendant or defendants has complied or not with the provisions of said order; and when a change in rates is required, such notice must be given in addi- tion to the filing of a schedule or tariff showing such change in rates. (636 al9) Rule 19. Applications by Carriers Under Proviso Clause of Fourth Section. Any common carrier may apply to the Commission, under the proviso clause of the fourth section, for authority to charge for the transportation of like kind of property less for a longer than a shorter distance over the same line, in the same direction, the shorter being included within the longer distance. Such application shall be by petition, which shall specify the places and traffic involved, the rates charged on such traffic for the shorter and longer distances, the carriers other than the petitioner who may be interested in the traffic, the character of the hard- ship claimed to exist, and the extent of the relief sought by the petitioner. Upon the filing of such a petition, the Commission will take such action as the circumstances of the case seem to require. (636 a20) Rule 20. Information to Parties. The secretary of the Commission will, upon request, advise any party as to the form of petition, answer, or other paper neces- sary to be filed in any case, and furnish such information from the files of the Commission as will conduce to a proper presenta- tion of facts material to the controversy. (636 a21) Rule 21. Address of the Commission. All complaints concerning anything done or omitted to be done by any common carrier, and all petitions or answers in any proceeding, or applications in relation thereto, and all letters and telegrams for the Commission, must be addressed to Washington, D. C., unless otherwise specially directed. United States Commerce Court Rules (636 bl) Rule 1. Admission of Attorneys. Parties shall be entitled to be represented in court by counsel. Any person of good moral character, learned in the law, shall be admitted to practice as an attorney and counselor of this court who shall have been previously admitted to the Supreme Court or any other court of the United States, or to a court of last resort of any State or Territory, and who shall be in full and regular standing therein, due proof of which shall be made by certificate from the record or from one of the judges of such court or by motion of an attorney of this court. He shall sub- scribe to the roll at the time of his admission and take the fol- lowing oath: I do swear (or affirm) that I will demean myself, as an attor- ney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States. (636 b2) Rule 2. Arguments. Two hours on each side shall be allowed for argument, and no more without special leave of court, obtained before the begin- ning of the argument. The time so allowed may be apportioned among the counsel on the same side at their discretion. (636 b3) Rule 3. Costs and Fees. The following table of costs and fees is adopted: Clerk: For docketing a case $.5.00 For entering any final decree or order or judgment. . . . 1.00 For a certified copy of an entry, record, or paper on file, For admission to the bar, including certificate under seal. 1.00 for each folio of 100 words (no such fee, however, to be less than 50 cents) 10 For a copy of any opinion of the court or judge, certified under seal 2.00 (636 b4) U. S. COMMERCE COURT RULES. 370 Marshal: For service of any writ, subpoena, or order, for each party upon whom service is made 1-00 In case of the service of process by the marshal of a district outside of the city of Washington, in addition to the fees just prescribed, the marshal shall receive the same mileage as is by law allowed to marshals for serving process issued by the District Court of the United States in the district where such service is performed. No fees shall be taxed against the United States or the Inter- state Commerce Commission. (636 b4) Rule 4. Evidence. The evidence in any case may be taken before one of the judges of the court specially designated to do so, who shall have power to rule upon the admission or rejection of the evidence offered; or it may be taken before an examiner duly appointed for the purpose, by standing or special order. Where neither of these methods is practicable, it may be taken by depositions, in accordance with the practice prevailing in the district courts of the United States in like cases. In all cases it shall be taken stenographically, in the form of question and answer, and reduced to typewriting and filed. No witnesses shall be examined in open court, except by leave of court for cause shown. The examiners shall be entitled to their expenses for each day actually engaged in the performance of their duties, and to such compensation as may be fixed by the court in each case. (636 b5) Rule 5. Interstate Commerce Commission. The Interstate Commerce Commission may cause its counsel to enter an appearance on its behalf in the office of the clerk of the court in any suit instituted in the court wherein is involved, in whole or in part, the validity of any order or requirement of the Commission; and from and after such appearance the Commis- sion shall be a party to the suit and entitled to notice of any and all proceedings therein, and may participate in such suit in the same manner and to the same extent as though named as a party at the time of its institution. (636 b6) Rule 6. Motions. (All motions to the court shall be reduced to writing and shall contain a brief statement of the facts and objects of the motion. The court may, for good cause shown, shorten the time of notice of hearing of any motion. (636 b7) Rule 7. Motions to Dismiss. Motions to dismiss a petition for want of jurisdiction, or on the ground of insufficiency, as not setting forth a good cause of 371 PRINTING RECORDS. (636bl0; action, may be made at any time before answer filed, the objec- tions on which the motion is made being specified and filed, and may thereupon be set down for argument on two weeks' notice to the petitioner or his counsel. Motions to dismiss the answer on the ground that no defense is set forth may also be similarly made at any time within 10 days after the answer has been filed, and shall be similarly dis- posed of. If the motion to dismiss in either case is overruled, and the party making the same elects to stand by it, it may be treated as a demurrer, and judgment thereon be rendered accordingly. Objections to the sufficiency of the petition or of the answer, as not setting forth a good cause of action or defense, may also be taken at the final hearing by way of argument without written specification. (636 b8) Rule 8. Parties. The party who invokes the jurisdiction of the court by peti- tion duly filed shall be called the petitioner, and the party who answers or demurs or moves to dismiss shall be called the re- spondent, and the party who intervenes shall be called intervener. (636 b9) Rule 9. Process. Upon the filing of a petition for relief, a writ of subpoena in the name of the President of the United States shall issue, di- rected to the respondent or respondents, requiring him or them to answer said petition within thirty days after service thereof by filing in the clerk's office an answer which shall briefly and categorically respond to the allegations of the petition and by mailing a copy of said answer to the attorney of the petitioner. Such subpoena shall be under seal of the court, signed by the clerk, and bear teste of the presiding judge. A copy of the peti- tion shall be served with the subpoena. The service of all subpoenas shall be by delivery of a copy thereof by the officer serving the same to the respondent per- sonally, or, in case the respondent is a railroad or other carrier, then to the designated agent of such carrier. "UTiere the United States is a respondent, a copy shall be delivered to the chief clerk of the Department of Justice, and where the respondent is the Interstate Commerce Commission, a copy shall be delivered to the secretary of the commission. (636 blO) Rule 10. Printing Records. The record, including the pleadings and evidence, shall be printed prior to the argument, and a sufficient number of copies, not less than twenty-five, shall be filed with the clerk for the accommodation of the court and counsel- Each party in the first instance shall bear the expense of printing his or its part of the record, which shall be taxed as a part of the costs against the (636 blO) U. S. COMMERCE COURT RULES. 372 losing party, except that no such costs shall be taxable against the Government or the Interstate Commerce Commission. The briefs of counsel shall also be printed, and a like number of copies filed with the clerk; those of the petitioners at least two weeks and those of the respondents and interveners at least one week before the time when the case is set for argument. Each counsel appearing in a case shall be entitled to a copy of the record and of the brief of the opposing counsel, which shall be forwarded to him by the clerk at once upon being filed. In size of book, style of type, and quality of paper the print- ing shall be as required by the rules of the Supreme Court. All records, arguments, and briefs, printed for the use of the court, must be in such form and size that they can be conveniently bound together, so as to make an ordinary octavo volume; and, as well as all quotations contained therein, and the covers thereof, must be printed in clear type (never smaller than small pica) and on unglazed paper. The court or any judge thereof may, for good cause shown, dispense with the requirement of printing the record on motion for preliminary injunction. United States Customs Appeals Court Rules (636 cl) Rule 1. Clerk. The clerk of this court shall keep his office in the city of Washington. He shall not practice either as an attorney or coun- selor of this court while he shall continue to be clerk. He shall indorse on every paper the date on which the same is filed and shall not permit any original paper, document, or exhibit to be taken from the court room or from the office without an order from the court or permission of one of the judges thereof. But the parties interested in any matter pending before the court may have full access to the records in such matters in the office of the clerk and may take copies of all papers filed therein. (636 c2) Rule 2. Attorneys. Parties shall be entitled to be represented in this court by attorney. Any attorney who is entitled to practice in the Supreme Court of the United States or in the circuit courts of appeals or circuit courts of the United States or in the court of last resort in any State or Territory may be admitted to practice in and have his name enrolled as an attorney of this court by the clerk upon filing a recommendation of any justice of the Supreme Court of the United States, United States circuit or district judge, or a judge of the court of last resort of the State or Territory in which such attorney may reside at the time of his application for admis- sion to this court, or upon motion by an attorney of this court. Prior to the issuance of the certificate of admission the attorney shall take and subscribe the following oath of office, which shall be filed with the clerk: "1, , do solemly swear [or affirm] that I will demean myself, as an attorney and counselor of this Tourt, up- rightly and according to law, and that I will support the Constitu- tion of the United States." (636 c3) Rule 3. Process. Porcesses to be issued from this court shall be of such form and style as is in use in the Supreme Court of the United States. There shall also be a process to be issued to the Board of General Appraisers, which shall be called a mandate, and shall in terms direct the transmission to this court in proper cases of proceed- ings taken and had before said Board of General Appraisers. All writs shall be attested in the name of the presiding judge, shall be signed by the clerk of the court, with the seal of the court at- tached, and shall be made returnable 30 days from the date there- of; provided that the time fixed for the return of such record may be extended, upon aplication to the court, or a judge thereof, at chambers, and upon good cause shown, or the time may be extend- ed by stipulation, which shall be made expressly subject to the future orders of the court. (636 c4) u. s. CUSTOMS appeals court rules 374 (636 c4) Rule 4. Review. Any party feeling aggrieved at any decision of the Board of General Appraisers and who may be entitled, under the provisions of chapter 8 of the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, or any amendment thereof, to have a review of said decision, may, within the time fixed by said act or any amendment thereof, apply to this court for a review of the questions of law and fact included therein. (636 c5) Rule 5. Assignment of Errors. The party seeking a review of any appealable decision of the Board of General Appraisers shall file with the clerk, in duplicate, a concise statement of the errors of law and fact complained of, and a copy of such statement shall be served on the collector or on the importer, owner, consignee, agent, or attorney, as the case may be, either by mail or by delivering the same personally to the party to be served or to his attorney, who shall have regularly appeared before said Board of General Appraisers on or before the date of such application. Such service, in case of mailing, shall be by depositing in a post office a copy of such statement in a sealed envelope plainly addressed to the party or attorney to be served at his place of business or residence, with postage thereon fully prepaid. In all cases where the United States is not the appellant such application for review shall be accompanied by the filing fee of $6 and by a bond for costs in a sum not less than $25. (636 c6) Rule 6. Mandate. Upon the filing of such application for review, a mandate shall issue to said Board of General Appraisers directing said Board to transmit to said court the records and evidence taken by them, together with a certified statement of the facts involved in the case and the decision thereon, together with all samples and ex- hibits used before them. (636 c7) Rule 7. Calendar. All cases transmitted to this court, whether removed from the Board of General Appraisers in response to the mandate of this court or by the transfer from the United States circuit courts of appeals. United States circuit, territorial, or district courts, shall, upon receipt of the record by the clerk, be placed upon the calen- dar in the order in which they are received, and such cases shall stand for hearing and submission in that order without notice; provided, the hearing of any case may be postponed for good cause shown. On motion of either party, with due notice to the other side, the court may advance on the calendar cases that are of unusual importance, or whenever other considerations of public policy make such action appear desirable. (636 c8) Rule 8. Records and Briefs. The appellant shall, within 14 days from the filing of such re- turn, or within such further time as may be allowed by the court or a judge thereof at chambers, deposit with the clerk a sum 375 FINAL DECISION (636 cl2) sufficient to meet the cost of the printing of the record. As soon as the record is printed the clerk shall retain at least 15 copies for the use of the court and furnish not less than 10 copies to the appellant, who shall serve not less than 3 copies on the appellee or his counsel. "Within 14 days after the receipt of the printed record, ap- pellant shall serve on the appellee or his counsel not less than o copies of his brief, and within 14 days thereafter the appellee shall serve not less than 3 printed copies of his brief with the appellant or his counsel. Both sides shall promptly file not less than 1.5 copies of their briefs with the clerk. Extension of time for filing briefs for a period not exceeding 30 days may be made by stipul- ation, which shall become effective when filed with the clerk. All records and briefs printed for the use of this court shall be in small-pica type, 24 pica ems to the line, 35 lines to a page, leaded with four-to-pica leads. All records and briefs shall have a suitable cover containing the title of the court and cause. Rec- ords shall be properly indexed and printed under the direction of the clerk of the court. The size of the pages of the records and briefs shall be 9^4 inches by 6Vs inches. (636 c9) Rule 9. Sessions. The court will convene during sessions at 10 a. m., and will continue its sessions until all cases on its calendar in readiness for hearing are disposed of. All motions shall be presented at the opening of court on Tuesdays, but when the court is in session for hearing causes they may be presented at the opening of court on any day of the session. (636 clO) Rule 10. Appeals, When Taken. The court shall be open for business on each business day of the year for the purpose of receiving applications for appeal, and on such days writs directed to the Board of General Appraisers may issue as of course, attested in the name of the presiding judge and signed by the clerk or assistant clerk. In case of a vacancy in the office of the presiding judge, they may be attested in the name of the next judge in the order of precedence as acting presiding judge. (636 ell) Rule 11. Amendments — Judgments. The court may, in furtherance of justice, permit amendments to processes or proceedings in any case, and on final hearing may affirm, reverse, or modify any ruling, decision, or conclusion of the Board of General Appraisers, or may reverse and remand for new trial or other appropriate proceeding. (636 cl2) Rule 12. Final Decision— Mandate. At the expiration of 30 days after decision by the court, the court shall issue its mandate to the Board of General Appraisers for such further proceedings as shall be proper to be taken in pursuance of such determination. (636 cl3) u. s. CUSTOMS appeals court rules 376 (636 cl3) Rule 13. Fees. The fees of the clerk of the court shall be $6 in each case. iXo fee shall be exacted in cases on appeal to other Federal courts and transferred to this court for final determination. There shall be paid for each certificate of admission of an attorney to practice, %l; and for making or copying any record or other paper and cer- tifying the same, 15 cents per folio of 100 words. An amount suflScient to cover the cost of printing the record shall de deposited with the clerk on his demand, provided that when an appeal is taken by the United States no payment of fees shall be required. In all other cases fees shall be paid in advance. The fees and costs to be allowed the marshal shall be, and hereby are, fixed the same as those allowed the marshal of the Supreme Court of the United States. (636 cl4) Rule 14. Argnments. Arguments shall be limited to one hour on a side, and not more than two counsel on a side shall be heard in any case except by special order of the court. The time for oral argument may be extended in the discretion of the court. (636 cl5) Rule 15. Appearances. It will not be necessary for the Assistant Attorney General in charge of customs cases to file a notice of appearance in this court or to serve such notice on opposing attorneys. Where the appellant is a protestant, if the petition for review is filed by a member of the bar of this court, no separate appearance as attorney will be required, but a notice of appearance shall be served on the .Assist- ant Attorney General unless such appellant's attorney represented the importer before the Board of General Appraisers. Where the United States is the appellant the attorneys for the appellee shall file a copy of such notice of appearance in this court and serve a copy of such notice on the Assistant Attorney General. (636 cl6) Rule 16. Applications for Rehearing. No application for rehearing will be considered by the court unless the moving party, at as early a date as may be practicable and within 30 days after decision unless further time be granted, shall cause any papers upon which it is based, together with his reasons for granting the same, to be printed and 12 copies thereof filed with the clerk of this court, together with proof that a copy thereof has been served upon counsel for the opposing party. The opposing party may at any time within 10 days thereafter file with the clerk of the court his objections to the granting of the application, serve a copy thereof upon the moving party, and the question shall thereupon be deemed submitted for decision. United States Supreme Court Rules (637) Rulel. Clerk. 1. The clerk of this court shall reside and keep the office at the seat of the National Government, and he shall not practice, either as attorney or counsellor, in this court, or in any other court, while he shall continue to be clerk of this court. 2. The clerk shall not permit any original record or paper to be taken from the court room, or from the office, without an order from the court, except as provided by Rule 10. (638) Rule 2. Attorneys and Counsellors. 1. It shall be requisite to the admission of attorneys or coun- selors to practice in this court, that they shall have been such for three years past in the highest courts of the States to which they respectively belong, and that their private and professional characters shall appear to be fair. 2. They shall respectively take and subscribe the following oath or affirmation, viz: I, , do solemnly swear (or affirm) that I will demean myself, as an attorney and counsellor of this court, up- rightly, and according to law; and that I will support the Consti- tution of the United States. (639) Rule 3. Practice. This court considers the former practice of the courts of king's bench and of chancer^', in England, as affording outlines for the practice of this court; and will, from time to time, make such alterations therein as circumstances may render necessary. (640) Rule 4. Bill of Exceptions. The judges of the district courts in allowing bills of exception shall give effect to the following rules: 1. No bill of exceptions shall be allowed which shall contain the charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge. But (641) U. S. SUPREME COURT RULES. 378 the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court. 2. Only so much of the evidence shall be embraced in a bill of exceptions as may be necessary to present clearly the questions of law involved in the rulings to which exceptions are reserved, and such evidence as is embraced therein shall be set forth in condensed and narrative form, save as a proper understanding of the questions presented may require that parts of it be set forth otherwise. (641) Rule 5. Process. 1. All process of this court shall be in the name of the Presi- dent of the United States, and shall contain the Christian names, as well as the surnames, of the parties. 2. "When process at common law or in equity shall issue against a State, the same shall be served on the governor, or chief executive magistrate, and attorney-general of such State. 3. Process of subpoena, issuing out of this court, in any suit in equity, shall be served on the defendant sixty days before the return day of the said process; and if the defendant, on such service of the subpoena, shall not appear at the return day, the complainant shall be at liberty to proceed ex parte. (642) Rule 6. Motions. 1. All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion. 2. Forty-five minutes on each side shall be allowed to the argument of a motion, and no more, without special leave of the court, granted before the argument begins. 3. No motion to dismiss, except on special assignment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party. 4. All motions to dismiss writs of error and appeals, except motions to docket and dismiss under Rule 9, must be submitted in the first instance on printed briefs or arguments. If the court desires further argument on that subject, it will be ordered in connection with the hearing on the merits. The party moving to dismiss shall serve notice of the motion, with a copy of his brief of argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before the time fixed for submitting the motion, in all cases except where the counsel to be notified resides west of the Rocky Mountains, in which case the notice shall be at least thirty days. Affidavits of the deposit in the mail of the notice and brief to the proper address of the counsel to be served, duly postpaid, at such time as to reach him by due course of mail, the three weeks or thirty days before the time fixed by the notice, will be regarded as prima facie evidence 379 LAW LIBRARY. (643) of service on counsel who reside without the District of Columbia. On proof of such service, the motion will be considered, unless, for satisfactory reasons, further time be given by the court to either party. 5. The court in any pending cause will receive a motion to affirm on the ground that it is manifest that the writ or appeal was taken for delay only, or that the questions on which the decision of the cause depend are so frivolous as not to need fur- ther argument. The same procedure shall apply to and control such motions as is provided for in cases of motions to dismiss under paragraph 4 of this rule. 6. (Although the court upon consideration of a motion to dis- miss or a motion to affirm may refuse to grant the motion, it may nevertheless, if the conclusion is arrived at that the case is of such a character as not to justify extended argument, order the cause transferred for hearing to a summary docket. The hearing of the causes on such docket, will be expedited, the court providing from time to time for such speedy disposition of the docket as the regular order of business may permit, and on the hearing of such causes one-half hour will be allowed each side for oral argument. 7. The court will not hear arguments on Saturday (unless for special cause it shall order to the contrary), but will devote that day to the other business of the court. The motion day shall be Monday of each week; and motions not required by the rules of the court to be put on the docket shall be entitled to preference immediately after the reading of opinions, if such motions shall be made before the court shall have entered upon the hearing of a case upon the docket. (643) Rule 7. Law Library. 1. During the session of the court, any gentleman of the bar having a case on the docket, and wishing to use any book or books in the law library, shall be at liberty, upon application to the clerk of the court, to receive an order to take the same (not exceeding at any one time three) from the library, he being thereby responsible for the due return of the same within a rea- sonable time, or when required by the clerk. And in case the same shall not be so returned, the party receiving the same shall be responsible for and forfeit and pay twice the value thereof, and also one dollar per day for each day's detention beyond the limited time. 2. The clerk shall deposit in the law library, to be there carefully preserved, one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs, or arguments filed therein. 3. The marshal shall take charge of the books of the court, together with such of the duplicate law books as Congress may direct to be transferred to the court, and arrange them in the conference room, which he shall have fitted up in a proper man- ner; and he shall not permit such books to be taken therefrom by any one except the justices of the court. (644) U. S. SUPREME COURT RULES. 380 (644) Rule 8. Writ of Error and Appeal, Return and Record. 1. The clerk of the court to which any writ of error may be directed shall make return of the same, by transmitting a true copy of the record, and of the assignment of errors, and of all proceedings in the case, under his hand and the seal of the court. In order to enable the Clerk to perform such duty and for the purpose of reducing the size of transcripts of record in cases brought to this Court by appeal or writ of error^ by eliminating all papers not necessary to the consideration of the questions to be reviewed, it shall be the duty of the appellant or plaintiff in error or his attorney to file with the clerk of the lower court, together with proof or acknowledgment of service of a copy on the appellee or defendant in error, or his counsel, a praecipe which shall indicate the portions of the record to be incorporated into the transcript of the record on such appeal or writ of error. Should the appellee or defendant in error, or his counsel, desire additional portions of the record incorporated into the transcript of the record to be filed in this Court, he shall file with the clerk of the lower court his praecipe also, within ten days thereafter, (unless the time shall be enlarged by a judge of the lower court or by a Justice of this Court), indicating such additional portions of the record desired by him. The clerk of the lower court shall transmit to this Court as the transcript of the record in the case only the portions of the record below designated by both parties as above provided. The parties or their counsel, however, may agree by written stipulation to be filed with the clprk of the lower court the por- tions of the record which shall constitute the transcript of record on appeal or writ of error, and the clerk in such case shall trans- mit only the papers designated in such stipulation. If this Court shall find that portions of the record unnecessary to a proper presentation of the case have been incorporated into the transcript by either party, the Court may order that the whole or any part of the Clerk's fee for supervising the printing and of the cost of printing the record be paid by the offending party. 2. In all cases brought to this court, by writ of error or appeal, to review any judgment or decree, the clerk of the court by which such judgment or decree was rendered shall annex to and transmit with the record a copy of the opinion or opinions filed in the case, 3. No case will be heard until a complete record, containing in Itself, and not by reference, all the papers, exhibits, deposi- tions, and other proceedings which are necessary to the hearing in this court, shall be filed. 4. Whenever it shall be necessary or proper, in the opinion of the presiding judge in any district court, that original papers of any kind should be Inspected in this court upon writ of error or appeal, such presiding judge may make such rule or order for the safe-keeping, transporting, and return of such original papers as to him may seem proper, and this court will receive and con- 381 PRINTING RECORDS. (646) Blder such original papers in connection with the transcript of the proceedings. 5. All appeals, writs of error, and citations must be made returnable not exceeding thirty days from the day of signing the citation, whether the return day fall in vacation or In term time, and be served before the return day, except in writs of error and appeals from California, Oregon, Nevada, Washington, New Mexico, Utah, Arizona, Montana, Wyoming, North Dakota, South Dakota, Alaska, Idaho, Hawaii and Porto Rico, when the time shall be extended to sixty days and from the Philippine Islands to one hundred and twenty days. 6. The record In cases of admiralty and maritime jurisdic- tion, when under the requirements of law the facts have been found In the court below, and the power of review is limited to the determination of questions of law arising on the record, shall be confined to the pleadings, the findings of fact, and conclusions of law thereon, the bills of exceptions, the final judgment or decree, and such interlocutory orders and decrees as may be necessary to a proper review of the case. (645) Rule 9. Docketing Cases. 1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time. But, for good cause shown, the justice or judge who signed the citation, or any justice of this court, may enlarge the time, by or before its expiration, the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fall to comply with this rule, the defendant in error or appellee may have the cause docketed and dismissed upon pro- ducing a certificate, whether in term time or vacation, from the clerk of the court wherein the judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And In no case shall the plaintiff In error or appellant be entitled to docket the case and file the record after the same shall have been docketed and dis- missed under this rule, unless by order of the court. 2. But the defendant in error or appellee may, at his option, docket the case and file a copy of the record with the clerk of this court; and If the case Is docketed and a copy of the record filed with' the clerk of this court by the plaintiff in error or ap- pellant within the period of time above limited and prescribed by this rule, or by the defendant In error or appellee at any time thereafter, the case shall stand for argument. 3. Upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the party docketing the case shall be entered. (646) Rule 10. Printing Records. 1 In all cases the plaintiff In error or appellant, on docket- Ing a case and filing the record, shall make such cash deposit (646) U. S. SUPREME COURT RULES. 382 with the clerk for the payment of his fees as he may require or otherwise satisfy him in that behalf. 2. The clerk shall cause an estimate to be made of the cost of printing the record, and of his fee for preparing it for the printer and supervising the printing, and shall notify to the party docketing the case the amount of the estimate. If he shall not pay It within a reasonable time, and for want of such payment the record shall not have been printed when a case is reached in the regular call of the docket, the case shall be dismissed. 3. Upon payment of the amount estimated by the clerk, thirty copies of the record shall be printed, under his supervision, for the use of the court and of counsel. 4. In cases of appellate Jurisdiction the original transcript on file shall be taken by the clerk to the printer. But the clerk shall cause copies to be made for the printer of such original papers, sent up under Rule 8, section 4, as are necessary to be printed; and of the whole record in cases of original jurisdiction. 5. The clerk shall supervise the printing, and see that the printed copy is properly indexed. He shall distribute the printed copies to the justices and the reporter, from time to time, as required, and a copy to the counsel for the respective parties. 6. If the actual cost of printing the record, together with the fee of the clerk, shall be less than the amount estimated and paid, the amount of the difference shall be refunded by the clerk to the party paying it. If the actual cost and clerk's fee shall exceed the estimate, the amount of the excess shall be paid to the clerk before the delivery of a printed copy to either party or his counsel. 7. In case of reversal, aflBrmance, or dismissal, with costs, the amount of the cost of printing the record and of the clerk's fee shall be taxed against the party against whom costs are given, and shall be Inserted in the body of the mandate or other proper process. 8. Upon the clerk's producing satisfactory evidence, by afll- davit or the acknowledgment of the parties or their sureties, of having served a copy of the bill of fees due by them, respectively. In this court, on such parties or their sureties, an attachment shall Issue against such parties or sureties, respectively, to compel pay- ment of said fees. 9. The plaintiff in error or appellant may, within ninety days after filing the record in this court, file with the clerk a statement of the errors on which he intends to rely, and of the parts of the record which he thinks necessary for the consideration thereof, with proof of service of the same on the adverse party. The ad- verse party, within ninety days thereafter, may designate in writ- ing, filed with the clerk, additional parts of the record which he thinks material; and, if he shall not do so, he shall be held to have consented to a hearing on the parts designated by the plaintiff in error or appellant. If parts of the record shall be so designated by one or both of the parties, the clerk shall print those parts only; and the court will consider nothing but those parts of the record, and the errors so stated. If at the hearing it shall appear that any material part of the record has not been printed, the 383 OBJECTIONS TO EVIDENCE. (649) writ of error or appeal may be dismissed, or such other order made as the circumstances may appear to the court to require. If the defendant in error or appellee shall have caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall think proper. The fees of the clerk under Rule 24, section 7, shall be com- puted, as at present, on the folios in the record as filed, and shall be in full for the performance of his duties in the execution hereof. (647) Rule 11. Translations. Whenever any record transmitted to this court upon a writ of error or appeal shall contain any document, paper, testimony, or other proceedings in a foreign language, and the record does not also contain a translation of such document, paper, testimony, or other proceedings, made under the authority ol the inferior court, or admitted to be correct, the record shall not be printed; but the case shall be reported to this court by the clerk, and the court will order that a translation be supplied and inserted in the record. (648) Rule 12. Further Proof . 1. In all cases where further proof Is ordered by the court, the depositions which may be taken shall be by a commission, to be issued from this court, or from any district court of the United States. 2. In all cases of admiralty and maritime jurisdiction, where new evidence shall be admissible in this court, the evidence by testimony of witnesses shall be taken under a commission to be Issued from this court, or from any district court of the United States, under the direction of any judge thereof; and no such commission shall issue but upon interrogatories, to be filed by the party applying for the commission, and notice to the opposite party or his agent or attorney, accompanied with a copy of the Interrogatories so filed, to file cross-interrogatories within twenty days from the service of such notice: Provided, however. That nothing In this rule shall prevent any party from giving oral testimony in open court in cases where by law it Is admissible. (649) Rule 13. Objections to Evidence in the Rec- ord. Tn all cases of equity or admiralty jurisdiction, heard in this court, no objection shall hereafter be allowed to be taken to the admissibility of any deposition, deed, grant, or other exhibit found in the record as evidence, imless objection was taken thereto in the court below and entered of record; but the same shall other- wise be deemed to have been admitted by consent. (650) U. S. SUPREME COURT RULES. 384 (650) Rule 14. Certiorari. iNo certiorari for diminution of the record will be hereafter awarded in any case, unless a motion therefor shall be made in writing, and the facts on which the same is founded shall, if not admitted by the other party, be verified by affidavit. And all mo- tions for certiorari must be made at the first term of the entry of the case; otherwise, the same will not be granted, unless upon special cause shown to the court, accounting satisfactorily for the delay. (651) Rule 15. Death of a Party. 1. Whenever, pending a writ of error or appeal in this court, either party shall die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the case shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such repre- sentatives shall become parties within the first ten days of the ensuing term, the party moving for such order, if defendant in error or appellee shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be plaintiff In error or appellant he shall be entitled to open the record, and on hearing have the judgment or decree reversed, if it be errone- ous: Provided, however. That a copy of every such order shall be printed in some newspaper of general circulation within the State, Territory, or District from which the case is brought, for three successive weeks, at least sixty days before the beginning of the term of the Supreme Court then next ensuing. 2. "V\Tien the death of a party is suggested, and the repre- sentatives of the deceased do not appear by the tenth day of the second term next succeeding the suggestion, and no measures are taken by the opposite party within that time to compel their ap- pearance, the case shall abate. 3. When either party to a suit in a court of the United States shall desire to prosecute a writ of error or appeal to the Supreme Court of the United States, from any final judgment or decree, rendered in such court, and at the time of suing out such writ of error or appeal the other party to the suit shall be dead and have no proper representative within the jurisdiction of the court which rendered such final judgment or decree, so that the suit can not be revived in that court, but shall have a proper representative in some State or Territory of the United States, the party desiring such writ of error or appeal may procure the same, and may have proceedings on such judgment or decree superseded or stayed in the same manner as is now allowed by law in other cases, and shall thereupon proceed with such writ of error or appeal as in other cases. And within thirty days after the commencement of tKe term to which such writ of error or appeal is returnable, the plaintiff in error or appellant shall make 385 NO APPEARANCE. (654) a suggestion to the court, supported by atfidavit, that the said party was dead when the writ of error or appeal was taken or sued out, and had no proper representative within the jurisdiction of on said calendar, but may remain thereon. Rule 10. No case shall be noticed for trial on such calendar until the same is at issue. All notices to place a case on such calendar must be filed with the judges' clerk, but no case shall be placed on such "Short Cause Cal- endar" until proof of service upon all opposite parties, his or their agent or attorney, shall be filed with the county clerk. Cases placed upon the "Short Cause Calendar" shall be assigned for trial in the order in which said notices are filed with the clerk, in the same manner as other common law cases, and all cases not reached for trial on the day designated shall stand continued until the day designated in the following week, unless some other day be desig- nated by the judge to whom is assigned the hearing of said "Short Cause Cal- endar." Rule 11. Monday morning of each week at the opening of court is hereby designated for the trial of suits upon the "Short Cause Calendar," and they will be called for disposition by the presiding judge in the "Law Division." Rule 12.— NATURALIZATION. The last Thursday of every month is here- by designated as "Naturalization Day," provided that the November naturaliz- ation shall be held the Monday after Thanksgiving; and provided further, that no naturalization day shall be held on any Thursday which is within thirty (30) days preceding the holding of any general election within the third judicial circuit. Naturalization matters shall be under the control and supervision of the judge presiding in the "Chancery Division." Rule 13. That in every petition for naturalization in which no final order has been made within six months after the date of the filing thereof, the clerk of the court shall cause a notice to be mailed to the last known address of the petitioner to the effect that unless such petitioner shall appear in court with his witnesses for the final hearing of his petition on one of the regular days set for hearing naturalization matters within thirty days after the date of said notice, or shall within such time give to the court good reason for his failure so to appear, the said petition shall be dismissed; and that in all cases in which such notices are so sent to petitioners for naturalization in which the petitioners neglect or fail so to appear or show to the court good reason for such neglect or failure to appear the petition shall thereupon be dismissed; provided, that the thirty days preceding any general election shall not be included in computing the time which a petitioner shall appear for final hearing. Rule 14.— MISCELLANEOUS. Whenever requested so to do by cither party or his attorney to any action in this court, the clerk of this court shall prevent all persons, except the parties to said action, or their attorneys, having access to any of the papers filed in said action, and no person except said parties or their attorneys shall examine any paper so suppressed or published the same or any .)art thereof, until the case is heard in open court. ^4Q1 ,g;( • DETROIT J U-:^T^qE3'.i COURT RULES. fl(|679) > ,. .Rule 15, No deputy county clerk, deputy sheriflF, or other offici^J. or em- ploye on duty in the county building. « liose position or crai>!propriate to have such decree or any other decree entered in the cause, such decree fee shall, under the direction of such judge, be turned to the solicitor so osit- ing it. Rule 21. Whenever an order has been granted in any chancery proceeding, such order to be effective must be presented for signature within ten days after the granting of such order. If such order is not so presented it will be >-on- sidered as abandoned, but a new application for a similar order may be made only to the jndije granting ,ihe,, original oqdfr„iiiuppn,,Siuphi;le?ms,,,»p,;pjaK appear just and equitable. -i ;>!'.■.•; ■■•■• i-:,\i ••n i,--'. ..-i-,,.'! »,.,\ ,.•., ..\ >,., The Justices' Court [Rules of Detroit. , Rvile 1. The Clerk ,y;i\\ h^'i issue a. sum'n^ons', unless tii-; ', 'Deieiii^aril's residence is stated in the Praecipe. ''A (680) MICHIGAN LOCAL CIRCUIT COURT RULES. 402 Rule Z. All original summons shall be served personally or a copy thereof left at the defendant's last place of abode in the presence of some one of the family of suitable age and discretion, who shall be informed of its contents before an alias summons will be issued. Rule 3. An alias summons shall issue upon request of the Plaintiff or his attorney. Rule 4. If the Defendant does not appear upon the return day, the Plaintiff shall be entitled to one adjournment only. Rule 5. In all cases at issue, adjournments can be obtained only upon the appearance of both parties in person or their attorneys and consenting thereto or by filing a written stipulation signed by the respective parties. Rule 6. Adjournments for cause granted only on showing made under oath. Rule 7. The Plaintiff shall file a bill of particulars of his claim on or before the return day of a cause. (680) Fourth Circuit, Jackson County. Rule 1. — APPEAL CASES, (a) The appellant cannot notice his case nor have the same placed on the docket for trial until the entry fee has been paid. But appellee may notice the case and place it upon the docket for trial, and may ti L-n move to dismiss, or pay the fee and proceed to trial. (b) Parties to have the right to appeal to the discretion of the court in all cases, as per statute. Rule 2. — NOTES OF ISSUE. (a) A note of the issue joined in any cause in the circuit court for the county of Jackson, and a list of causes for the calendar, shall be served on the clerk of said court at least ten days before the first day of each term of said court. (b) The clerk of said court shall have the calendar in readiness for the judge and members of the bar at least two days before the first day of each term. Rule 3.— NOTICE OF TRIAL. If, during a pending term of court, notice of trial at an ensuing term shall be given in any cause that is upon the trial docket for the then pending term, the party giving such notice shall be deemed to have waived his right of trial at the then pending term, unless he shall re- serve in such notice the right of trial at the pending term, in case such cause shall be reached in its order before the close of the term. Rule 4. — ARGUMENTS. Upon the argument of motions in the circuit court, in said circuit, the counsel shall be limited to one hour on a side. Rule 5.— HEARING OF SPECIAL MOTIONS. Each and every Monday in the term, excepting the first thereof, shall be devoted to the hearing of spe- cial motions, so far as may be necessary, in the discretion of the court, and such motions shall be heard in their order, as they appear upon the special motion book or in the order in which they are filed with the clerk. Rule 6.— HEARING PETITIONS FOR NATURALIZATION. Pursuant to the act of Congress entitled an act to establish a bureau of immigration and naturalizaiion. and to provide for a uniform rule for the naturalization of aliens throughout the United States, it is hereby ordered as follows: The third Saturday of February, June and September are hereby designated and fixed as the stated days for hearing, and final action on, petitions for naturalization filed in this court, under the provisions of the Naturalization Act of June 29, 1906. "In every petition for naturalization in which no final order has been made within six months after the date of the filing thereof, the clerk of the court shall cause a notice to be mailed to the last known address of the petitioner to the effect that unless such petitioner shall appear in court with his witnesses for the final hearing of his petition on the next regular day set for hearing naturalization matters after the date of said notice, or shall within such time show to the court good reason for his failure so to appear, the said petition shall be dismissed: Provided, That when said next regular day set for hearing naturalization matters shall be within sixty days after the date of said notice, the said petitioner shall be notified to appear at the next regular day set for hearing naturalization matters after said sixty days shall have expired; and Provided, further, that the thirty days preceding any general election shall not be included in computing the time within which a petitioner shall appear for final hearing. "In all cases in which such notices are so sent to petitioners for naturaliz- ation in which the petitioners neglect or fail so to appear or to show the court good reason for such neglect or failure to appear the petitions shall thereupon be dismissed." 403 SIXTH CIRCUIT. (682) (681) Fifth Circuit, Barry and Eaton Counties. Rule 1. The first day of term and every Monday forenoon during term shall be special motion days, on which motions shall have preference over calendar causes. Rule 2. The calendar will be called informally at the opening of the court on the first day of each term, for the purpose of informing the court about the business to be done, but no contested causes will be taken up on that day except by consent of parties. The peremptory call oi a cause will not be made unless it has been placed on call the preceding day, or earlier in the term. Rule 3. The call of the calendar for each day will be made on the day preceding such call. It will follow the order of cases on the term calendar ex- cept as to cases assigned for a day certain, and except as consent changes may be made by counsel with the approval of the court. Such changes will be announced by the court when made, orally, or noted on the order of cases. Rule 4. Chancery cases will be taken up the first week of the term. The jury will be expected to be in attendance at half past one o'clock in the after- noon of the second Monday of the term, and remain in attendance until the jury calendar is cleared, unless otherwise directed by the court. CITIZENSHIP. In this matter it is ordered that the fourth Monday in February and the third Monday in September of each year be and they are here now fixed as stated days for final hearings of petitions of persons to be made citizens of the United States. (682) Sixth Circuit, Lapeer and Oakland Counties. Rule 1. The first day of the term shall be devoted to a call of the cal- endar of cases, to arraignments and motions, settling bills of exceptions, and to interlocutory business. Rule 2. Ihe jury shall be required to attend each term of court held here- after on the second day thereof at nine o'clock a. m., unless otherwise or- dered. Rule 3. All criminal cases on the calendar for any term of court shall be on call the morning of the second day of the term, and the order of trial of these cases shall be as appearing upon the calendar, unless otherwise ordered by the court. Rule 4.— LAPEER COUNTY. Upon the afternoon of the second day of the term, or as soon after as the trial of criminal cases shall be concluded, all the civil jury cases upon the calendar, ready for trial, will be on peremptory Rule 4.— OAKLAND COUNTY. All civil jury cases on the calendar for any term of court shall be on call as for trial the afternoon of the second day of the term, as soon thereafter as the trial of criminal cases for that week is concluded. All civil jury cases announced as ready for trial by either party will be on peremptory call as reached, unless otherwise ordered. Rule 5. In any trial where the jury is ordered by the court, the plaintiff and defendant shall each pay one-half of the jury fee. In all cases the jury and stenographer's fees shall be paid to the clerk of the court before trial of the cause commences. If the plaintiff neglect or refuse to pay such of said fees as by the law or the rules of this court it is his duty to pay as herein required, he shall be non-suited. If the defendant shall neglect or refuse to pay such of said fees as is his duty to pay by the law or said rules as herein re- quired, his pica shall be stricken from the files, and he shall be precluded from making any defense thereunder. Rule 6. Final action will not be taken, on default or otherwise, in any cause not upon the calendar for the term. Cases in which, the right to a decree, judgment or final order occurs after the Calendar is made up may be placed thereon upon motion or special application made and cause shown in open court. Rule 7. In all ex parte and non-contested divorce cases hereafter begun, the register in chancery shall enroll the files and proofs taken in each cause before decree therein shall be entered. And for that purpose the testimony of witnesses taken in open court in such cases, shall be transcribed by the stenographer, and a copy thereof filed with the register. The stenographer s fee for transcribing the testimony shall not exceed two dollars. Rule 8. It shall be the duty of the prosecuting attorney, in all criminal cases, to deliver to the respondent or to his attorney, immediately before the arraignment of such respondent, a true copy of the information, including all indorsements thereon. Rule 9. When a case is appealed by the defendant from a justice court and no plea has been filed in said court by the defendant, the defendant .shall have ten days after the appeal has been taken in which to file his plea and serve a copy of said plea upon the plaintiff. After ten days have expired and (683) MICHIGAN LOCAIii lOIKCUrF-^. COURT RULES. '404 no plea has been filed.-i'thfe'pbtttitLff ;inay fenter cthedefaliltsof fthe .defendant 'for want of said plea, and proceed to judgment as in other cases of default. AN AMENDMENT FOR OAKLAND COUNTY. Except in cases of -Special appeal, where watlt of jririsdiction or ■other irregularity is alleged therein, which would be waived by the filing of a plea. • ; Rule 10.— OAKLAND COUNTY. All applications for admission to'' citizen- ship shall file with the clerk of the court their petition, ujider oath. Siich petition shall state the age and place of birth, length of residence iii this country, if declaration of intention has been made, when and where, and, the present residence and occupation of the petitioner. ' liyjuri friiJ h:,:1 h ;; muh ■"'' Rule 10.— LAPEER COUNTY. In appeal cases, tW/feht -aiJi)ellahf';teverses a judgment obtained below, or obtains a judgment twenty dollars more favoi"- able than a judgment from which the appeal was taken, he shall recover full cost, and if he obtained a judge more favorable to himself, but not to tlie amovtnt of twenty dollars, he shall recover costs to the extent he has bettered himself. When the judgment is other than above stated, the appellee shall recover costs. The right to exercise the discretion of this court in all such matters' is hereby reserved. ' : ;i Rule 11. — LAPEER COUNTY. Every applicant for admission to citizen- ship shall file with the clerk of the court a petition under ■patH, Whidh' shall comply with the requirements of the statutes of the' Uiiited States. Such peti- tions shall be heard upon the following dates: ' Sedond Monday in Janjiary, second Monday in March, first Monday in --Jtiire, tjfiif-^UTtt^SdSy in Septembet, second Monday in November. Blank petitions . conforming to the iforegovng requirements, fo^ the /use of applicants, shall be prepared and kept on hand by the clerk of this court. Ap- plicants with their witnesses shall he examined in open court, oh tile Erst day of each term, and at such other times as are convenient for the court, vvhioh dates shall be publicly announced in open court. .r-. ,ii,r..i j (^ .^y,., w, , ...c, (ji • ■:-: !-■ ui-j; I'-.j-iO V :r:i>i [Io;:j iuoin: o,» boiijip^-! 9cf (Serf* yiui arIT .8 aluS (683) Seventh Circuit, (3eti6seei CdiinV: ''' ' '' '' "'^" ""^^ "" j^^'^^J; Rule 1. The first day of the term shall be devoted to arraignmeiits, 'ttfitions, settling bills of exceptions, preliminary. ;faallja«>£.>th©.'!tatenda.ri''aw^ aifirari^^m^flls of the call board mentioned in Rule '^i'l-' irAifriq'iB 'g ;-i i;;.t': ■,_••... .• i!- ■ Rule 2. The jury shall be called for the second day of thfe''ten«flJafr;d9 o'clock a. m. ■<:> >•! r.-oorfiv.-ls ont r;on:J YT/'.'IO'J /["I H'^:/. J — .-{■ 'Aa'A Rule 3. The clerk shall provide and 1ck in the afternoon of each day of the term, after the said first day, the court will rear- range the peremptory call for the following day by transferring from said list of cases designated as subject to call to the peremptory call list a sufficient number, in their consecutive order aforesaid, to make said peremptory call list to contain at least three cases; the court will at the same time make the list of said cases subject to call to contain at least five cases to be placed upon said call list from said term calendar until same shall become exhausted. ' ' No case will be placed on trial, except by consent of all parties, until it is reached by call from said peremptory list, but the court may fi'om day to day increase the number of cases to 'be' place3 Upon said call troard a& the busineys of the court may require. , .lit;' > .-■■.."j The -foregoing rwlejAa''^' aS?fAy'tiS''-All>i ■•'.':' ;i'i .;!,:;)■ .rn, ,' Rule 8. The first day and each Monday thereafter during the term, .shall be motion days, and all motions or petitions required to be noticed shall be no- ticed for one of said days. • , - . , ( . ■ .' I,, .,■'■: Mi:ij- jZ'y;). )on, ,;;ifii) r. :. i - : "^ j j.i) .vri On each motion day upon opening of court in the mornipg, . anq al»P..^;?fti the afternoon, the court will call the motion docket and dispose of the motions and petitions entered thereou in the order of their entry, and if the party making the said motion does not appear on one of said calls he shall be deemed to have abandoned the same, and costs and^ motiop fee rnav be awardoxj against him, provided the opposite party aT>pear for the purpose of oppo«i«g paid moti<>h' or petition. In case the party noticed fails to appear on the calls aforesaid the court will dispose of the same on proof by affidavit filed in the case, showing proper service of the notice of hearing said motion or petition: Provided, how- ever, that the afternoon call of said motion docket shall apply only to rases where one of the attorneys or solicitors is not a resident of the city of Flint. All other matters will be fully disposed of on the morning call aforesaid if the time be sufficient for that purpose- ■' ,. - ■ ■ , Rule 9. In all cases continued; ._,oyeP tW j term the party applying for the continuance shall, before the order is entered by the clerk, pay to said clerk the sum of one dollar for clerk's fee, and to the attorney or solicitor of the party against whom such continuance is granted, the sum of ten dollars term fee, besides such taxable costs as the party last aforesaid may have properly incnrred in nrrparat'on fi>r fi?! at '-^id t<=""'Ti. \iViirh c^ct"-- »'"''1 t''fn and there.- without further notice, be taxed by the clerk, subject to summary appeal to the court, and when taxed shall be payable on demand, and if not then paid, upon proof by affidavit of such fact, said case shall be reinstated upon the calendar 9pd stand for trial at said term. ^, Rule 10. On a motion to strike a case from the calendar for the fault of the opposite party, or his attorney or solicitor, the prevailing party shall be entitled to a motion fee of five dollars for making or opposing said motion, as the case may be, in the discretion of the court. Rvde 11. In appeal cases, if the appellant on the trial in this court reverse the judgment obtained below, he shall recover his full costs. If the appellant shall obtain a verdict or judgment in the court twenty dollars more favorable to him than the judgment below, or shall reduce the judgment in favor of the appeU'^p twent-^' d/>(lirs. li-.. ph^M rerox«f*r fci" co.^'.ts. If the appellant in this court shall obtain a verdict or judgment more favor- able to him, or reduce the judgment in favor of the appellee, but not to the amount of twenty dollars, then he '^hBll .ptt^-y/ix -ycpsts, but not to exceed the amount he has so bettered himsel^i " { '.;• i ; ; But if the verdict or judgment in this court shall be the same as in the court below, or be less favorable to the appellant, then the appellee shall recover full costs. ;,'•.■ : ., i I .. -i,': ,., .:■, ,- Parties to have the right to appeal in the diBcretien of the court iftaJJ cases in accordance with the statute. Rule IS.. No verbal agreement whatever between attorneys or solicitors will be recognized by the court, except such as are made in open court, and then and there be made a part of ^he record thereof. Rule 13. The calendar shall be 4 by 8 inches in size; shall contain four cases on each page, and shall have at least one blank page at the end of each class of cases entered thereon.'j Beeiflea. the cases for trial and- hearing, said calendar shall contain notice of t^mes fixed for holding the terms of this (;ourt, the rules adopted by the cbdrt, "a list ' of the officers of thi; court, a list i)f the attornevs of the couVity.' a list of the jtirvmcn drawn, for the term, with their residences, and a" index to said calendar, which shall include the cAses thereon. ' ' ' ■ ■' ..' • ' ' Saia Calendar ShiTl'Tn^'t'eSjly fyf. dpUV^ry '^ JeaW f pOT' days befot/e' the, fit^si: ajry' of the. term. '^' '. ' ' ''''' ■" ' ' ■,', i ■-• Ntycasfes except! criminal case^ and appeal cas^s noticed under the Sti'tutf; sKhll l^e. placed upon said calendar, except in compliance wi^h this rule. .' ' . ' 'J-'''Rtilie 14. ■ HWeafter, in all cases bf divoi'te 'where' the proofs are takeri frt'hpfen couJ't,' Save oijiy in actual contested cases, ijo decree will be granted utifil the stenographer'*' rtOt^S' shall -hAWbefeh iexttn'»!j-.;[;r-. \m. ' . Rule 5. That all proceedings . by garnishment whejn. the principal defendanfi;» shall not appear and contest the suit in anv manner against him, the plaintiff shall proceed and take judgment against such principal defendant within twenty days after the first day of the term next after, he shall be entitled to take and enter such default, and if he shall fail to so proceed and enter proceedings, and the same on motion of the principal or garnishee defendant be dismissed, unless the court shall for cause shown otherwise order. Upon the entry of judg- ment in such case by default of principal defendant, the issue in garnishee pro- ceedings shall be tried at the same term unless the court shall otherwise order. Rule 6. No attorney shall he deemed to have appeared in any civil case appealed to this court from final judgment rendered by justices of the peace until such attorney shall have entered his appearance by rule in the "Common Rule Book," and until such appearance all notices rhust be served upon the party. Rule 7. In action of replevin, if the defendant demands a judgment for the value of the property replevied and its assessment by the jury, such de- mand shall be made in writing before the trial is commenced, and an order shall thereupon be entered in the journal of such waiver of the return of such property and demand for judgment for its value, and in default thereof, if the defendant recover judgment, such judgment shall provide that he have the return of the goods and chattels replevied. ;j - . i Rule 8. No witness attending court in obedience 'to ' a subprena shall b»i at liberty to absent himself therefrom on account of hon-payment of his daily witness fees, unless upon personal application to the attorney of the partv subpcenaing him his fees shall remain unpaid: provided no person shall avail' hin-self of this rule unless notice of the substance thereof shall be served witk' the subpoena upon such witness. Rule 9. The forenoon of each Monday when court is in session shall be devoted to hearing of motions and miscellaneous business not contested; a memorandum of the motion or other business shall be previously entered on the miscellaneous calendar. Motions will be first disposed of in the order in which they are entered, then miscellaneous business in the order in which it is entered. ^i-.r.-- ,, ..,;,,..-^ ■fi:io-<\0 H^;-?■T /r^gi)) Rule 10. During the trial of jury cases no issue of law, divorce cases or contested chancery business will be heard. A day or days during each term will be set apart for the hearing of divorce cases, contested chancery cases, and issues of law. All business of this character must be entered in the regular docket of the term, either before or after the commencement of the term, and will be heard in the order of entry. Rule 11. The clerk of the court is directed to place on the calendar of the December term all criminal appeal cases filed in his office subseouent tb Mav 1st, 1885, not disposed of, and also place on the calendar of each stic- ceeding term all criminal appeal cases filed on and subsenuent to the first day of the preceding term. He is also requested to furnish to the prosecuting attorney and the court any criminal appeal c;ases filed pnOr .to Maj?' lsP,"'1885j' not disposed of. ' '" - '" "-'"■' '"'''^ ■'" .''■:■* ^:"f Rule 12. That the party in whose favor a default may hav^ been entered niay at any time after one day in term has elapsed have a rule rriakirtg such default absokite and fdr.'sii'chH jtidgmenf as, 'the party' fe 'entiHed' W^^ rt^Stfii' of such default. ■' ." ''-'■'^J'- ■'- '■'•'", '■"-■'\ "■■ '•' "■'« ''■-"' 7'^-' '^' '•'•^^ Rule 13. There shall be in attendance before each judge, diiririg the trial of jury cases, beside the deputies who mar be acting as janitors, the under sheriff or one deputy, who shall, unless excused, remain ifi acti^ial .att'etrtl-' ance in the court during the entire session. '■' • ! ' ' - - -t Rule 14. Final hearing on petitions for natUrahV'ation will be heard by the court on the third Saturday of February, Time, September and November of each year. Proviarties, the decree sliall direct so much of the mortgaged premises to be sold us will be sufficient to. pay th» amount then due on such morteaue, witli costs. (687) Eleventh Cirp.Mit,, Alfler, Chippewa, t|,uq^. j9n.(|; ^chool;9faft Counties. > 'iJ:'Mriit'n fi) 'j.r::.v,-:')'\:. ;i CHIPPEWA AND LUCE COUNTIES. Rule 1. APPEARANCE IN APPEAL CASES. No attorney shall be deemed to have appeared in any civil cause coming into this court by an appeal from any judgment rendered by any justice of the peace or circuit court com- missioner until such attorney shall have entered his appearance in the "Common Rule Book" and shall have served a notice thereof upon the attorney for the opposite party; or, until such attorney shall have served a notice of his appear- ance or retainer upon the attorney for the opposite party, and filed a copy thereof with the clerk: Provided, that if no attorney shall have ai)peared for the opposite party, then such service shall he made upon the opposite party if found within the state. If the opposite party cannot be foiuid within the county, and no attorney shall have appeared for him, upon filing due proof of such fact, notice of appearance and of trial may be given by posting the same on the bulletin board, or otherwise conspicuously, at the front door of the court house, at least twenty days before the term at which a trial of said cause is intended to be had: Provided further, that in case of notice of trial, the pro- visions of Circuit Court Rule No. 33 shall also be observed. Rule 2. ENROLLMENT OF ATTORNEYS. All the present members of the bar of the court shall sign the roll of attorneys, and all attorneys at law practicing in this court shall, before they shall h,- recoRnired as attorneys at law of this court, sign the roll of attorneys of this court and exhibit satis- factory evidence to the court that they are duly licensed attorneys at law, and qualified to act as such in this court. Rule 3. REGULATING DISMISSAL FOR NON-PROSECUTIOX. When an issue of fact shall be joined in any cause, and the plaintiff shall neglect to' bring such issue to trial within three years from the date of joining such issue, the court, on the application of the defendant, by motion entered in the special motion book, may give the like judtrment by the defendant, as in cases of non-suit; or may, upon just terms, allow a f urthcE . t,yj^e for. the. trial of such issue. Rule 4. REGULATING PRACTICE IN APPEAL CASES. When a case is appealed by the defendant from a Justice court, and no plea has been filed in said court by the defendant, the defendant has ten days after the appeal has been perfected in which to file his plea and serve a copy of said plea upon the plaintiff, and after ten days have expired and no plea having been filed,' the plaintiff may enter the default of defendant for want of said plea, and pro- ceed to judgment in like manner as in other cases at default, and originally commenced in this court. Rule 5. FIXING DAYS FOR XATUR.NLTZATION. The first day of each regular term of this court is herebv designated and fixed as the stated day for hearing, and final action on, petitions for naturalization filed in this court under the provisions of an «Vct of Congress, approved June 29th, .\. D. 1906, entitled "An Act to Establish a Bureau of Immigration and Naturalization and to Provide for a Uniform Rule for the Naturalization of .Miens Throughout the United States." Rule 6. HEARING OF PETITIONS FOR NATUTR-ALIZATTON. Tn every petition for naturalization in which no final order has been made within six months after the date of filing thereof, the clerk of the court shall cause a notice to be mailed to tlic last known address of the petitioner to the effect that unless such petitioner shall appear in court with his witness for the final hearing of his petition on the next regular day set _ for hearing naturalization matters after the date of .said notice, or shall witliin such time show to the court good reason for hi.s failure so to appear, the said petition, shall be dis- missed: Provided, that when said ne.xt regular day set for hearing naturaliza- tion matters shall he within sixty days after the ■-] -.li; .-,) 7~ji'-..- ,' : '.:■-. ■ •• Mn.vbi; i ".:Joo3 slofl fiommo')" orfl «i sirji ^d ifi «iri bs-'sJ (688) MICHIGAN LOCAL CIRCUIT COURT RULES. 410 ALGER COUNTY. There are no local rules for this county. SCHOOLCRAFT COUNTY. Rule 1. DEFAULT ABSOLUTE. One day in term having elapsed, and it appearing to the court now here that the requisite number of days under and in accordance with Circuit Court Rule 23, cannot be had whereby parties may make defaults absolute, and take assessments and judgments thereunder and by reason of such default; it is therefore ordered that all parties may take said assessments and judgments instanter, after making their interlocutory judg- ments absolute, and as provided by rule 2.3. Rule 2. WRIT OF CERTIORARI. If either party in cases of writs of certiorari shall consider the record or transcript filed imperfect, when the same is filed in vacation, he or they may within ten days thereafter enter a rule in the special motion book, requiring the court or officer before or by whom the proceedings below were conducted, to make further return according to the requirements of such rule within ten days after service of a copy thereof on such court or officer. Rule 3. WRIT OF CERTIORARI. The party serving a copy of such rule shall annex thereto a notice requiring the court or officer on whom the same is served, in case such rule is not duly complied with, to appear before the circuit court on the first day of the next term thereof, to show cause why no attachement shall issue against him. And on proof of the service of such notice, a copy of such rule, if no sufficient cause be shown to contrary, an attachment shall issue accordingly. Rule 4. APPEARANCE IN .APPEAL C.\SES. No attorney shall be recognized or deemed to have appeared in any case removed to this court by appeal or writ of certiorari, from judgment taken in Justice court, until he shall first have entered his appearance in the common rule book, and served notice thereof upon the opposite party or his attorney. (688) Twelfth Circuit, Baraga, Houghton and Keweenaw Counties. There are no local rules for this circuit. (689) Thirteenth Circuit, Antrim, Charlevoix, Grand Traverse and Leelanau Counties. Rule 1. ATTORNEY FEE. That from and including this term of court, the attorney fee be fixed at ten dollars for all cases on continuances by motion of either party. (690) Fourteenth Circuit, Muskegon and Oceana Counties. Rule 1. In cases appealed to this court, appearances shall be entered in the "Common Rule Book," or filed with the clerk, and notice thereof served. Rule 2. All special motions and petitions in term, except motions for con- tinuance, shall be heard on Monday of each week, unless otherwise specially ordered and directed, and Monday of each week, when this court is in session, shall be known as "Motion day. Such motions or petitions may be noticed for any Monday, and in case court shall not be in session on the day for which they are noticed, they shall stand for hearing on the first day that court shall be in session thereafter. Rule 3. The clerk and register of this court shall keep a motion docket. The calendar for motion day shall be made up by him prior to the opening of court on said day, and he shall place thereon all motions at law and petitions and motions in chancery that have been filed or entered in his office. Such motions or petitions shall be taken up in the order in which they are entered upon the calendar, and, if either party appears, be disposed of when reached, unless continued by agreement, or on cause shown by affidavit. Rule 4. The first Tuesday after the third Monday in February, April, Sep- tember and December are hereby designated and fixed as the stated days for hearing, and final action on, petitions for naturalization filed in this court imder the provisions of the Naturalization Act of June 29, 1906. (691) Fifteenth Circuit, Branch and St. Joseph Counties. BRANCH COUNTY Rule 1. APPEARANCE IN APPEAL CASES. No attorney shall be deemed to have appeared in any civil cause appealed to this court from any judgment rendered by a justice of the peace until such attorney shall have en- tered his appearance by rule in the "Common Rule Book." 411 FIFTEENTH CIRCUIT. (691) Rule 2. NOTES OF ISSUE— WHEN TO BE FILED. In all cases, both at law and in chancery, a party or attorney desiring that a cause be placed on the calendar for any term for trial, arRument or hearing, shall file with the clerk the proper note of issue at least eight days before the commencement of auch term. Rule 3. DEMAND FOR JURY. In case any party filing a note of issue shall desire a trial of the cause by jury the note of issue shall contain a demand for such trial. And if the party receiving a notice of trial in any cause shall desire a trial thereof by jury, such party shall file with the clerk at least eight days before the first day of the term for which such cause is noticed, a demand that the same be tried by jury. And in preparing the calendar of causes for the term the clerk shall separately arrange all such causes for trial by_ jury under the head of "Jury Trials." In all causes where no demand for trial by jury has been filed with the clerk eight days before the first day of term the parties shall be deemed to have waived the right to such trial except upon cause shown. Rule 4. DEFAULTS ABSOLUTE AND JUDGMENT THEREON. The party in whose favor default may have been entered in term or in vacation may, at any time after one day in term shall have intervened, have a rule entered making such default absolute and for such judgment as the party is entitled to by reason of default. Rule 5. TERM FEE ON ORDER NISI FOR PAYMENT OF COUNTY FEE. On every order for the payment of a county fee in special cases there shall be assessed an attorney fee of five dollars to be paid by the appellant at the time of the payment of the county fee, and in default of payment the appeal shall be dismissed. Rule 6. SPECIAL MOTION DAY. Every Monday during the term of this court shall be special motion day on which motions shall have preference over calendar causes not on trial. Rule 7. CALL OF CALENDAR. NOTICE OF PEREMPTORY CALL. The calendar will be called informally at the opening of the court on the first day of each term for the nurpoKp of informing the court as to the bu';iness to be done, but the court will give the bar one day's notice before peremptory call of the calendar. The first five causes on the calendar for trial by jury shall be considered on call for the second day of each term. Rule 8. CASES ON CALL. A list of cases following the order of the calendar (except as to cases especially assigned) will be set down as subject to call on each day, and no case will be called which is not on the list for that day. When a case is assigned for a particular day it will be placed at the head of the list set down for cpll on that dav. Rule 9. CHANCERY AND LAW FILES. No files or papers belonging to either chancery or law cases shall be removed from the clerk's office except upon written order of the court. All decrees and orders prooerlv belonging to the files when signed by the court shall be received and retained by the clerk. ST. JOSEPH COUNTY Rule A. In pro confesso divorce cases, no case will be heard unless the same is regularly upon the printed term calendar and none shall be placed upon such calendar by the register in chancery unless the cause when placed on such calendar be then regularly rerdy for hearing. Rule B. The clerk shall not permit any file or paper entered, filed or received in his office to be taken therefrom without the written order of the judge of this court; nor shall any person take from such office any such file or paper without such written consent. Rule C. No book shall be taken from the countv library without the consent of the clerk accompanied by a written receipt given by the applicant, stating date of taking, description of book, and a promise to return same within a time to be stated and not exceeding ten days. The clerk shall provide a suitable book with appropriate printed and non-detachable receipt forms. Rule D. In all instances of pro confesso or in part pro confesso, quiet title cases, no cause will be heard unless the same is regularly upon the printed term calendar, and none shall be placed upon such calendar by the register in chancery unless such cause when placed on such calendar be then regularly ready for hearing; and in all such cases, at the time of the placing of the same upon the term calendar, the solicitor for complainant shall file with the judge of this court a brief typewritten bill of particulars of the several matters and things alleged in the bill to be clouds upon the title and against which quiet title degree is prayed. And when adverse possession is made the basis for relief, the court will require full, clear and complete proof thereof. ((^21)) MICHIGAN. |iQCMj:;CIH(rMITlCQIIRT RULES. 4V2 , Rule 1. All notes of I issuo! shall heii-eaiter ibe-filedi^-ithi tl4fe!'"cleifk-bf' this court at least fourteen days before the first day of ea^h > term of this courti' In case any party filing a note of issue; shall desire a trial of the : same by jury, the note of issue shall contain a demand for such trial, and if the partj^ receiving a notice of trial in any cause shall desire a trial thereof ,hv juiryi such party shall tile with the clerk, at least fourteen days before i the first day of the term for which such cause is to be noticed, a demand that the same be tried by jury; and in preparing the calendar for causes; for the term the clerk shall separately arrat^ge all puch ga\ises,fO(r trial t by; jury under the head. 0|f, "Jury Cases."., -. ,„-,,,., ,i.^|.., ,i.,:,. -,,,•; '„:,.,j -.rh" ;,, ,'. ' - . ' ■•.-■,!■ . Rule 2. In all pases wh^r^ no detnand,, of trial, [by jujryr.has.been. filed witH the clerk at least fourteen days before the first day of the term, the parties shall be deemecj to have wteived ,tlie rightj of such, trialj except' upon, catltsB' shown; and all such causes ;.,s;^ll Jbi^ separately arranged under ntbei keadYofi "Non-jury Cases." -, ■!.,'■■■ ,, . ,.• f'^^.!, -,.;.,,,^,, Rule 3. The calender for each term of this court so separately arranged shall be mailed to the address of each resident, attorney , at ; least fouJi days before the first day of each term , of this, court „b35i,t}jp,l,clQrJ«.j,! sjoiiv/ ni cricq ,y./Nr»x «. 1 X. ^. .V ■.i'-' . _; ^1' ''"" -'i'ir- ^f«i* yne le .'^E'n (692) Sixteenth Circuit, Macomb County, - ^ ; ■' , ;;.,;;.,, !,-,,i!fv> Rule 1. Notes of issue for the several terms .§l}all,.lbe filed -wi^h'^tW'*^^ of the court at least eight days before the first jay of ^he term, apd shall state whether the case is to be tried by jury or by court, and the clerk in making out the calendar sh^ll place the jury cases separate from thq other cas« and first in the call for trial. The clerk shall cause at least twicnty-five copies of the calendar for each term to be printed and ready for distribution to the court and bar as early as the Saturday preceding the term; atid it shall contain, in addition to the list of cases, the oncers of , the court, the resi'lent attorneys of the county and the names of the jiirprs summoned, together wi'tli their several places of residence. ,. ,,m it Rule 2. Counsel addressing the' 'cgtirt'oir" examining or, cross-examining ,',.j^ witness shall arise and stand, unless th^ ' court shall i other\viSe permit; ' ,; Rule 3. A party bringing a cause into this court by rippeal shall. \y'ithin' ten days after the time limited for the justice to rriake his return, cause his appearance to be entered with the Clerk, of this court a,nd give jiotice thereof to the appellee; arid the appellee shall, within ten days ^fter said notice, cause his appearance to be entered with the clerk of this court, and in default of such appearance being entered as above proyided, the, opposite paiity^ may , en^er, his default, which after two days in terhij,,rtiay^'^e^mide,;abs)0^utg /arni j^i had thereon as the case may require.,','. ,,.',, , 'i-r--- , ' y J -'r ,/ / rr'i < .'■■.: " Rule 4. When a cause is appealed by the defendant, who has not pien..f^o fii .^ •r,r, -I'li.-i Rule i. Upon the filing of an inforn^atiou in the nature Rf. a qMOnWarrcfniet) si. writ of summons shall issue und^r , the , seal of, , the,; count, .-vyhich, «hnll ^ be served ana returned in like manner as, in personal a,cti()JJ6, Upon ; the returi) of such , summons duly served_ on the respondent, an -order,,. shall , lventy , days after service on him, ;of a popy of, the informati,pn' and, notice, of such order; aind the respondent shall appear ,::), said, actipn and .file' his ansiiy;er to ,puch informar tion within said twenty days; or such further time as may be granted by the court for that purpose; and the infornant shall reply thereto within twenty 1-413 .'-tELRAWDi ;RAF1DS JUSTICES' CRt''iltnG,£8. <^(693) days after the filing of such answer, or such further ti'njt as shall be granted by the court for that purpose. The isene so framed shall be at once placed tipon the calendar of the theti pending term for trial, and shall be kej^t upon the calendar of every term of court thereafter, until tried or otherwise dis- posed of. Eitiicr party may entitle himself to have the cause tried by a jury •,by paying to the clerk the jury fee te<|uired in civil ca*es. Or the cotirt may uiwn its own motion dirL-cr the cause to be fried by 3 jury. In all casps wherein the respondent has not been sooner served with a copy of the informa- tion and notice of the order mentiunod in this rule, he shall cau^^e hi? appear- ance to be entered and notice thereof served on informant or his attorneys within twenty days after the return day of the summons, or judgmetit by , default may be entered. The informant Rhall cause a copy of the informatidn :to be served upon the rcspdndent or his attorneys within twenty days aftfer receipt .of notice of such appearance by the respondent, and the respondent shall answer to such ■ informatirtn and the infotrhant shall reply to such, answer, and the issue thus framed shaH proceed to final determination, within the time and in the manner lixcd and prescribed for the said pleadings and proceedings jihithe former portion of. thi«tirulei" Jn.'iS'J'i 10 > ■j-jri;;.'Rule 3. Arrogated. 1. :v';t(>r! ^i tl .Jpz sid i to 'Rule 4. In all cases and proceedings 'fcrowglit into this court by appeal, rlo party thereto shall be considered or treated as having appeared therein in this . toort, except by entry of a 'rule to that effect in the common rule book; but when either party will have ' so appeared, the other party shall appear by -service of notice of retainer. - ; Rule 5. No cause in which issue is joined Will be brottght o^ ' foir' "trlil, leither before the court or jury, untir the stenographer's fee has been Tiaid, and vtlie clerk's certificate for tlie same has been tiled in said cause. Rule 6. A note of issue in any cause shall be served on the clerk of tWs court at least eight days before the first day of the term at which the trial such cause shall take place, and a.' party desirous of having a trial of atty cause by jury shall, at least eight days before the tirst day of the term of court for which said catise is noticed for trial, file with the clerk of the court a demand for such jury, and pay to the clerk at the same time the' j-dry ftfe, rfr 'he shall be deemed to haVe waived his right to a trial bv jury. ' Ivil'-u (tl I "" Rule 7. There shall hereafter be kept a motion docket by the clerk arid register of this court, and the calendar for each motion day in term shall be made up by the said clerk upon each Satjjj-d^y previous to such motion day and said clerk shall place upon sriyw' caleridaf afl' motforis at law or petitions or motions in chancery of which he shall receive written notice prior to such Saturday; and such motions shall be taken up in the order in which they are , entered upon the calendar, and, if either party appears, be disposed of when reached, unless continued on cause shown by affidavit. , ' Rule 8. In all cases of special rnotions, except n motion for continuance, a copy of such motion shall be served on the attorney of the opposite party, with j?!?Si,'^°P',^^.j°fj PP^."^? ^B°.^ jyhich, the same ia founded, as required by Rule 28, ■M/P'i^ ^f%? '.Wio^^y;r(VtY^"^PfJ9#„pwp,l?..^f?Mfln^.: Wni^ss f^r,^ber,; tinpe..he granted. bns ,m Justices' Court Rules of Grand Rapids. •rli The attention of attorneys and litigants is hereby called to the following iruies of practice adopted by the Justices, and to provisions of Act No. 29», Public lActS of 1911, under which the court is now operating: — . i • i >[': Rule 1. Ihitil further notice, the regular panel of jurors shall consist of twenty-four. Under the statute these jurors have the same quaifications as Circuit Court jurors. Challenges for cause are the same as in courts of .i-ecord. Peremptory challenges are limited to two for the plaintiff and two ftJr ptt Rule 2. Terms of this court shall begin on the first Monday in each month unless such day shall fall on a holiday. In that event the term shall begin for that month on the ne.\t succee . ; ,i!t .ihn^ .•(-!. i ' •• , II.. Rule 4. Jury cases will be t»ieu( {\y,/ moii%W. 5fi.;.Jn,,c%vil..flasft$, ^^Ijeijxiry .will, not ,b«; .?eca|le|d after die jury (Calendar (694) MICHIGAN LOCAL CIRCUIT COURT RULES. 414 has been disposed of, except in cases of rare emergency. Criminal jury cases will be tried as near the opening of the term as feasible. Rule 6. Justices sit en banc during the call of the cases at 9 o'clock city time each morning except holidays and Sundays. The Justices alternate monthly m presiding oyer the call, examining the jury panels and attesting veniries as senior justice. The presiding Justice shall call all cases regardless of whether the summons or writ was issued by him. The other Justice during the morning call shall record pleadings and adjournments and assist the presiding Justice to conduct the call as rapidly as may be. Rule 7. The attention of attorneys and litigants is called to the fact that the general law requiring the Justice to wait one hour after the call before deciding cases, does not apply to this court. Cases are subject to dismissal or decisio" in this court as soon as called. The call will not de interrupted, however, except for some emergency, and the final disposition and giving of judgments will be deferred until the call is entirely completed. Rule 8. Attorneys and litigants are requested to remain seated and to observe silence as far as possible, until their cases are called. Cases will be So arranged that each attorney or litigant may dispose of all cases in which he is interested before resuming his seat. It is believed that a careful observance of this rule will greatly facilitate the progress of business during the call of cases. Rule 9. The morning call of all cases will be held in Court Room No. 1, Justice Creswell's court room, adjoining the Clerk's office. Litigants should report there at 9 o'clock of the return day without regard to the name of the Justice which appears in the summons. Rule 10. The Justices charge the juries in this court as in courts of record. Attorneys are requested to prepare their requests to charge seasonably and submit the same in writing in order to be considered by the court. Rule 11. Attorneys are required to serve copies of all written pleadings and papers in all cases, on the opposite party or his attorney, in the same manner in so far as practical as in courts of record. Rule 12. A judgment fee of One ($1.00) Dollar must be paid to the clerk of the court before the trial of any cause or proceeding, except garnishee cases. In garnishment proceedings, a judgment fee is only required, where issue is joined and a trial had. The entry fee in this court in all cases is One ($1.00) Dollar. (694) Eighteenth Circuit, Bay County. Rule 1. CALENDAR. The clerk shall cause to be printed for the use of the court, and the members of the bar, at least 75 copies of each term docket, and shall have the same ready as early as Monday next preceding the first day of the court. Rule 2. OPENING OF THE COURT. Court will open on the first day of each term at the hour of ten o'clock in the forenoon at which time the docket will be called informally, for the purpose of informing the court about the business to be done. Unless otherwise ordered by the court, the first week of the term will be devoted to business not requiring a jury; and the trial of criminal cases will begin on the first day of the second week of the term, and will be completed before taking up the trial of jury civil cases. Rule 3. ASSIGNMENT OF CASES. As soon as practicable after the informal call of the docket the court will assign jury civil cases for trial on a particular day, and, except for cause shown, in the order in which they appear upon the printed docket. When a case is so assigned, it shall not be taken up before that day. When the trial of jury civil cases has been entered upon, it is expected that such trials shall continue until all jury cases for the term are disposed of. It is expected that each jury civil case will be tried when reached on its first assigned date, unless before that otherwise disposed of. A jury case may, on cause shown, be taken from the call for its assigned date, and re-assigned for a later date; but such re-assigned case when then reached will be tried unless otherwise disposed of before that time; Provided, that no case will be re-assigned unless sufficient cases are pending and ready for trial to keep the jury continuously occupied. Sufficient time during term will be allotted for the trial of chancery cases and non-jury law cases, generally the first week and an allotted period near the end of each term, but such cases will_ be taken up at any time (except on Saturdays) when the court is not trying jury cases. Chancery cases and non-jury law cases will be assigned to a day certain at the request of the solicitor or attorney for either party. Rule 4. TIME OF AND DISPOSITION OF BUSINESS. The daily ses- sions of the court shall be from 9 to 12 o'clock in the forenoon and from 415 NINETEENTH CIRCUIT. (695) 2 to 6 o'clock in the afternoon. These hours will not be departed from except in cases of emergency. No jury case will be taken for trial on Saturday. Rule 5. Saturday forenoon of each week of the term is set apart for the hearing of motions and the transaction of ex parte business. Rule 6. WRITTEN REQUESTS. In all cases tried by a jury it is ex- pected that as early in the trial as possible, and before the argument to the jury is commenced, counsel will submit in writing to the court and to opposing counsel, such instructions as they may desire to be given to the jury. Rule 7. TERM FEE ON CONTINUANCE. In every case continued for the term there shall be paid by the party moving for a continuance a term fee ot $10 in addition to all other costs of preparing for trial at such term, which costs may be taxed forthwith by the clerk, on oral notice, said term fee and costs to be paid to the attorney of the party against whom the continuance is granted, before the order for the continuance is entered by the clerk. Rule 8. APPEAL CASES. In all cases brought into this court on appeal, notice of trial or motion served on the attorney who appeared and conducted the trial in the court below, shall be deemed sufficient, unless notice of retainer is given by some other attorney. Rule 9. SEATS INSIDE THE BAR. No person shall be permitted to take a seat within the bar of the court, except attorneys, students-at-law, clients or advisors, during the trial of their cases, and ofiScers of the court, and it shall be the duty of the sheriff to see that this rule is at all times strictly enforced. Rule 10. IN CRIMINAL CASES. It shall be the duty of the prosecuting attorney to deliver to the respondent's attorney, when known, in criminal cases, a copy of the information filed and properly indorsed at least one day before a trial is had thereon, unless otherwise ordered. Rule 11. In case a witness accepts service of a subpoena, or is regularly subpoenaed for any day in term, and there is a clause in the subpoena that such witnesses need not appear in court until notified either orally or oih rwise, and such witness agrees thereto in writing, and fails to appear on the day designated by such notice, he shall be deemed to have been regularly sut> poenaed for the day so designated and bis attendance may be compelled as in other cases. Rule 12. No witness attending court in obedience to a subpoena shall be at liberty to absent himself therefrom on account of non-payment of fees, unless upon personal application to the attorney of the party subpoenaeing him, his fees shall remain unpaid. Rule 13. No person shall be at liberty to avail himself of either of the two foregoing rules, unless notice of their requirements shall be served with the subpoena. Rule 14. STANDING RULES. Petitions for naturalization of aliens will be heard on the third Friday in the month of February, April, June, September and November at the hour of two o'clock in the afternoon. Rule 15. In every petition for naturalization in which no final order has been made within six months after the date of the filing thereof, the clerk of the court shall cause a notice to be mailed to the last known address of the petitioner to the effect thnt unless such p titioner shall appear in court with his witnesses for the final hearing of his petition on the next regular day set for hearing naturalization matters after the date of said notice, or shall within such time show to the court good reasons for his failure so to appear, the said petition shall be dismissed. Provided, That when said next regular day set for hearing naturalization matters shall be within sixty days after the dntp of said notice, the said petitioner shall be notified to appear at the next regular day set for hearing naturalization matters after said sixty days shall have ex- pired; and provided further, That the thirty days preceding any general election shall not be included in computing the time within which a petitioner shall appear for final hearing. In all cases in which such notices are so sent to petitioners for naturalization in which the petitioners neglect or fail so to ap- pear or to show the court good reasons for such neglect or failure to appear, the petitions shall be thereupon dismissed. (695) Nineteenth Circuit, Lake,| Manistee, Mason and Osceola Counties. Rule 1. Defaults may be made absolute on any day and at any time in term. Rule 2. Notes of issue joined in any civil cause pending in the court, shall be served on the clerk at least six days before the first day of any term of court in order to entitle such cause to be placed on the docket for trial at such court. im) MICHIGAN LOCAL CIRCiUrIX- CQURT RULES. 416 5q^,., , Rule 3. On a first application for the continuance of a cause, it shall be necessary for the party making such application to set forth the iiacts expected to be established by the witness, on account^ of whose absence the application shall be made, unless the covirt shall otherwise order. All rules of this court inconsistent with this order are hereby amended. / I ( i r' Rule 5. In all Issues of Fact either party desirous , of, a, jury shall file with , the clerk of the court a demand in writing ;it the time of filing Note of Issue, and at the same time pay to said clerk the jury fee prescribed by law, and in case said demand is n-t made as aforesaid and said fee paid, the richt to trial by jury shall be deemed waived, and a jury will not be allowed by the court except upon some satisfactory showing why this rule shall not be com- plied with. It is further ordered that the clerk in making up the trial calen- dars, classify the cases and put the jury and non-jury cases separate and. apart from each other upon said calendar. ,._, . ,.;; , rr. .. i'- ■)■'■. ;■).! .'■;:.;).,'■ Rule 6. In all cases appealed from jv^tice cotirt, npitipe-of trial nrpst t>e servt d vinon the adverse party or parties to the cause, unless such party or " parties shall have appeared in the court by attorneys, which appearance shall be entered on the common rule book or by serving notice of retainer.. ,: _, T Rule 7. No cause of any description shall be heard unless said cause is ; placed upon the calendar by the clerk of the court before the first day of the term; unless a good and substantial showing is made by parties interested, why said cause was not placed on the calendar before said time. Attorneys will therefore govern their cases accordingly. Further: That the rule relating to til'ng "Notes of Issue" with the clerk must hereafter in all caseS; be complied with in order to entitle parties to have their causes heard. ■!;,; oj.7v> Rule S. All requests to charge a jury shall be written in ink in a plain legible hand writing, and each point shall be made separately and numbered in consecutive order, and there shall be left between each, point thus ^yritten at least, three full ruled lines of vacant space, and: thf ^^gue^^S; t^,,'^ej,bgnded{ylHp before the arguments to the jury begin. ' , ', . . i . , "i . Rule 9. No files shall be taken from the clerk's office for any purpose whatever without an order in writing from the circuit judge of this judicial circuit. ;nj 'j3;j£bii9JJe tid bns bs'ieirstH-ih 09 x^b orii 'k (696) Twentieth Circuit, Allegan and Ottawa Counties. '' Rule 1. NOTES OF ISSUE DOCKET. Notes of issue (both in law and chancery, to be filed with the clerk in proper form, giving names of parties, date of issue or date of filing bill, and attorneys or solicitors, not less than ten days before the first day of the term; and the clerk shall cause to be printed for the use of the court and the members of the bar, at least thirty copies of the docket, and have the ;.ame ready for use as early as Saturday, next preceding the opening of the court. ' ■• ■ ) /'I ' ' /. '^- !•■'. r.i ■.] on trial, excent bv consent of nart'ps. until it is reached by call from the "Peremptory call," but the court may, from day to day, increase the number of cases upon the "Subject to call," as the business of the court rray require. Rule 6. The first day, and each Monday thereafter during the term, shall be motion days, and all motions or petitions requiring notice shall be noticed for one of said days. The clerk shall provide and keep a book to be known as the "Motion Docket" in which shall be entered by the attorneys and solicitors, all such motions and petitions as aforesaid, as they may desire the court to hear. Such entry may consist merely of the title of the cnse. nnture of t^e mnfion and the names of the attorneys or solicitors representing the respective parties. Such motions will be heard in the order in which they occur upon said "Motion Docket" unless otherwise arranged. Rule 7. Continuance fees and costs may be taxed by the clerk, without notice, subject to summary aopeal to the court, and when taxed shall be payable on demand; if not then paid, upon the due proof of such fact, said case shall be reinstated upon the calendar. Rule 8. In cases appe.-iled from justice court, the prevailing oartv in this court will be awarded costs in whole or in part, in accordance or in proportion as the judgment appealed from is affirmed or reversed by the judgment of this court. Rule 9. The third Wednesday in February and the third Wednesday in September of each year for the final action on petition for Naturalization and the grrtnting of Certificates of Citizenship. Rule 10. The calendar of the terms of this court shall be printed in book form, five by eight inches in size, upon which shall be printed the subject matter required by circuit court Rule 18, and the same shall be printed on double pages of such book form. Thp said double pages shall be ruled into vp-t'cal columns and headed as follows: "Docket No.." "File No.." "Title." "Cause of action," ".\ttornevs." "Memoranda." and such calendar sh?ll also contain the following information: "Terms of court of 29th judical circuit." "Officers of this court," ".\ttornevs at the bar." "Special and nisi Prius rules," "List of regular panel of jurors." and an "Index to calendar." Such calendar «:hall be in size, form, genera! arrangement and qualitv of work substantially like the calendar printed for the June. 1912. term of this court. Such calendar shall be printed and distributed by the clerk to members of (706) MICHIGAN LOCAL CIRCUIT COURT RULES. 422 this bar having business thereon at least five days before the first day of each term of court. (706) Thirtieth Circuit, Ingham County. Rule 1. STENOGRAPHER FEES. The stenographer fees shall be paid in the first instance, by the plaintiff, before the taking of testimony commences. See Section 51, Act 183, Laws of 1879. Rule 2. JURY FEES. The jury fee of three dollars shall be paid by the party demanding the jurv and before the jury is sworn. Section 6474, C. L. 97. Odell V. Reys, 40 Mich. 23. Rule 3. PRO CONFESSO DIVORCE CASES. Pro confesso divorce cases be noticed for a regular term of court and be printed upon the calendar for the term at which they are heard. (707) Thirty-First Circuit, St. Clair County. Rule 1. JURY. The jury will be expected to be in their places in the court room at 9 o'clock a. m. on the first Tuesday in each jury term and on each Monday thereafter until discharged, unless the court otherwise orders. Rule 2. CALENDAR— HOW MADE UP. The clerk in arranging the cal- endar shall number all the cases consecutively, leaving not less than ten blank spaces between the criminal and jury cases, and a like space, between the jury, court and chancery cases. Rule 3. REARRANGEMENT OF DOCKET AND CALL OF CASES, (a) On the first day of the term the calendar will be called to ascertain what cases are for trial. In the absence of either party cases will be set at the discretion of the court. The jury cases will then be arranged in such order as counsel may agree and the number of the cases thus arranged shall be printed by the clerk on a slip of paper the size of the calendar and distributed among the attorneys. (b) No changes will be made in the cases as rearranged, except for good cause arising after the rearrangement. (c) No less than five cases in the rearranged order will be on call each day, and cases once on call must be tried or go over the term, unless otherwise ordered by the court. (d) That all of the cases on each calendar shall be_ arranged for trial in their order as rearranged and shall be tried by either judge, except in cases where one or both of the present circuit judges are disqualified, and that said circuit judges shall alternate in the trial of cases as the business of the court and the convenience of the judges shall make practicable; that while one of the judges is engaged in the trial of jury cases the other judge when competent shall hear court and chancery cases, motions, petitions, and other work that may be dnne in chambers. Rule 4. MOTIONS, PETITIONS, ETC. Arguments on motions and peti- tions, except for a new trial and arrest of judgment, are hereby limited to fif- teen minutes on a side, unless otherwise ordered. Rule 5. DEMAND FOR JURY. In making up the calendar the clerk will place all cases on the jury docket in which a jury has been at any time demanded. Rule 6. T.'XKING FILES FROM THE CLERK'S OFFICE. No order will be granted under Circuit Court Rule 38, except on showing good reasons therefor. Rule 7. HOURS OF HOLDING COURT. When the jurv is in attend- ance the hours for holding court shall be as follows: In the morning from nine to eleven-thirty o'clock, and in the afternoon from half-past one to four o'clock, standard time. The circuit judge engaged in hearing such cases shall not, except in cases of special exigency, be called upon to transact any business other than that connected with the case on trial. Rule 8. N.ATURALIZATION. All final hearings of petitions for the nat- uralization of aliens under an act of the United States Congress known as the Naturalization Act of June 29th, 1906, shall be held on the first Friday in the months of Febriiary, Mav, September and December at the opening of court or as soon thereafter as the^ hearing can be reached; and in case such Friday occurs on a Ifgal holiday, such hearing shall be held on the day following. In every petition for naturalization in which no final order has been made within six months after the date of the filing thereof, the clerk of the court shall cause a notice to be mailed to the last known address of the petitioner to the effect that unless such petitioner shall appear in court with his witnesses for the final hearing of this petition on the next regular day set for hearing naturalization matters after the date of said notice, or shall within such time show to the court good reasons for his failure so to appear, the said petition shall be dismissed. Provided, that when the next regular day set for hearing 423 THIRTY-THIRD CIRCUIT. (709) naturalization matters shall be within sixty days after the date of said notice the said petitioner shall be notified to appear at the next regular day set for hearing naturalization matters after said sixty days shall have expired: and provided, further, that the thirty days preceding any general election shall not be included in computing the time within which the petitioner shall appear for final hearing. In all cases in which such notices are sent to petitioners for naturalization in which the petitioners neglect or fail so to appear or to show the court good reason for such neglect or failure to appear, the petition shall thereupon be dis- missed. (708) Thirty-Second Circuit, Gogebic and Ontonagon Counties. Rule 1. CALENDAR. It is hereby ordered that the clerk cause; to be pro- vided for the use of the officers of this court and members of the bar at least 25 copies of the term calendar or docket, and that he have the same ready for use at least three riavs before the oncning of court. Rule 2. FIRST DAY OF TERM. The first day of each term shall be devoted to the arranging of the order of trials, the hearing of motions, argu- ments of law, settling of bills of exceptions, and miscellaneous business, and all such matters arising before such time, shall be brought up on said first day of term. Rule 3. CITIZENSHIP. .Applications for citizenship shall be heard on the first and second davs of each term. Rule 4. JURY (GOGEBIC COUNTY). The jury shall be summoned to appear on the second day of the term of court, at 9:00 o'clock in the forenoon, except for the August term, which term is non-jury, unless otherwise ordered by the court. Rule 4. JURY (ONTONAGON COUNTY). The jury shall be summoned to appear on the first day of the term of court, at two o'clock in the afternoon; except for the December term, which term is non-jury unless otherwise ordered by the court. (709) Thirty-Third Circuit, Cheboygan, Emmet and Mackinac Counties. CHEBOYGAN COUNTY. Rule 1. DEFAULT. The time for making default absolute for the present terms and further terms, until the further order of the court, be and the same is hereby shortened to one day in term. Rule 2. PUBLICATION OF NOTICE OF SEIZURE OF WATER CRAFTS. The notice required by Sections 10795 and 10796 of the Compiled Laws of 1897, relating to proceedings against "Water Craft" shall be published once in each week for three successive weeks in the Cheybogan Tribune, a newspaper published and circulating in this county. This order to stand in place of the order made and entered in the October term 1R84 of this court. Rule a. NOTES OF ISSUE .AND PRINTING OF CALENDAR. Notes of issue shall be filed with the clerk at least ten days before the first day of the term and it is furthermore ordered that the clerk cause the calendar to be printed and a copy forwarded to the circuit judge, the official stenographer and each attorney or firm of attorneys having business appearing on said calendar, at least five davs before the first dav of term. Rule 4. NATURALIZATION OF ALIENS. The first day of each regu- lar term of this court hereafter to be held, is hereby stated and designated as the day whereon shall be heard all applications for naturalization under the laws of the United States. MACKINAC COUNTY. Rule 1. All notes of issue shall be filed with the clerk at least eight days before the first day of the term, and that the clerk cause to be provided, for the use of the officers of the court and members of the bar, at least twenty copies of the term calendar or docket, and that he have the same ready for use at least one day before the opening of court. Rule 2. No attorney shall be deemed to have appeared in any civil cause coming into this court by appeal from any judgment rendered by any justice of the peace, until such attorney shall have entered his appearance in the com- mon rule book. Rule 3. The party in whose favor default may have been entered jn term time Or in vacation may in all cases, at any time after one day shall have intervened, or if entered in term time, then at any time after the expiration of two days thereafter, have a rule entered in the common rule book to make such (710) MICHIGAN LOCAL CIRCUIT COURT RULES. 424 default absolute, and for such judgment as the party is entitled to by reason oi said default. (710) Thirty-Fourth Circuit, Arenac, Crawford, Gladwin, Ogemaw, Otsego and Roscommon Counties. ARENAC COUNTY. Rule 1. Notice of issue shall be filed with the clerk at least eight days before the first day of the term. Rule 2. The clerk shall cause to be printed for the use of the court and the members of the bar at least twenty-five copies of the calendar; and shall mail to the judge, stenographer and each attorney of record in all cases noticed for said term, a copy thereof, as early as Saturday ne.xt preceding the first day of the term, and shall file five copies of the same in his office. Rule 3. Court will open on the first day of each term at nine o'clock in the forenoon, at which time the docket will be called informally for the purpose of informing the court about the business to be done. Rule 4. As soon as possible after the informal call of the calendar, the court shall assign both civil and criminal cases for trial on a day certain, and when a case is so assigned it shall not be taken up before that day, unless the exigency of the case or stipulation of the parties require it in the discretion of the court. Rule 5. In all cases tried by jury, attorneys for respective parties, before commencing the closing argument, shall submit in writing to the court any instructions they may desire the court to give the the jury. Rule 6. The time specified in the circuit court rules for moving to set aside defaults, or make defaults absolute, is hereby limited to one day in each term, unless otherwise ordered. Rule 7. In every case continued for the term there shall be paid by the party moving the continuance a term fee of ten dollars in addition to all costs of preparing for trial at such term, which costs may be taxed forthwith by the clerk on oral notice, said term fee and costs to be paid to the attorney of the party against whom the continuance is granted, before the order of the continu- ance is entered by the clerk. Each day's additional cost, until the same is paid may in like manner be added thereto, and if the same is not paid when the same is reached upon the call, such case shall be subject to trial at the option of the party entitled to such costs and fees. Rule 8. No person shall be permitted to take a seat within the bar of the court except attorneys, students at law, clients or advisors during the trial of their causes, press reporters and officers of the court, unless by request of the court or an attorney, and it shall be the duty of the sheriff to see that this rule is at all times enforced. Rule 9. It shall be the duty of the prosecuting attorney to deliver to re- spondent's attorney, when known in criminal cases, a copy of the information filed and properly indorsed, at least one day before the trial is had thereon, and if practicable, before the first day of the term. Rule 10. A criminal case in which counsel is assigned to defend the ac- cused will not be taken up for trial on the day on which such assignment is made, without the consent of such counsel. Rule 11. The party in a suit in said court demanding trial thereof by jury, shall not be required to pay any jury fee before going to trial. Rule 12. Pro confesso divorce cases will not be heard unless regularly upon the calendar, except by special application in open court. Rule 1.3. No attorney shall be deemed to have appeared in this court in any civil case brought to this court from anv inferior tribunal until such attorney shall have entered his appearance in the "Common Rvile Book" or served notice of retainer on the opposite party, or his attorney if he has one. Rule 14. The foregoing rules as adopted and an-endments hereafter made, and all rules hereafter adopted bv the court, shall be printed in each calendar Rule 1.5. (AREN.AC AND GLADWIN COUNTIES.) The fir.^^t day of the September and December terms of this court at 1:00 p. m. are hereby designated and fixed as the stated days for hearing, and the final action^ on petitions for naturalization filed in this court under the provisions of the Naturalization Act of June 29, 1906. Rule 1.5. CRAWFORD COLTNTY. Petitions for the naturalization of aliens shall be heard on the first day of February and July terms of said court at the hour of one o'clock in the afternoon. Rule 15. (OGEMAW COUNTY.) Petitions for naturalization of aliens will be heard on the first day of each regular term of said court at one o'clock in the afternoon. 425 THIRTY-FIFTH CIRCUIT. (711) Rule 15. (ROSCOMMON COUNTY.) Applications for naturalization of aliens will be heard on the first day of each January and October terms of this court at the hour of one o'clock in the afternoon. Rule 15. (OTSEGO COUNTY RULE.) The first day of the February and July terms of this court at 1 o'clock p. m., are hereby designated and fixed as the stated days for hearing and final action on petitions for naturalization filed in this court under the provisions of the Naturalization Act of June 29, 1906. (711) Thirty-Fifth Circuit, Livingston and Shiawassee Counties. LIVINGSTON COUNTY. Rule 1. CONTINUANCE FEES. All cases placed on the calendar now and hereafter and continued for trial either by affidavit, consent or upon motion or that the attorney making such motion, or filing such affidavit, or causing the same to be placed on the calendar, or countermanding notice of trial, pay to the clerk of the court, at the time of making such motion or filing such affidavit the sum of one dollar as additional clerk's fees for making up calendar for term, and entering said order in the journal. Rule 2. DEFAULTS .ABSOLUTE. The rule limited for making defaults absolute and for judgn-ent, as the parties may be entitled by such default, be and the same is herebv shortened to one day in term. Rule 3. JURORS AND PRINTING CALENDARS. That the jurors be subpoenaed to appear before court on the first day of the term, at one-thirty o'clock in the afternoon. It is further ordered that the calendars be printed and in possession of the clerk, on the Wednesday preceding the first day of each term of court. Rule 4. EXCEPTIONS IN THE TRIAL OF CASES. Wherever an ob- jection is made or a motion denied by the court in the trial of cases, an excep- tion shall follow on the record without counsel requesting the notation of such exception. SHIAWASSEE COUNTY. Rule 1. The first day of the term shall be devoted to arrangements, mo- tions, settling bills of exceptions, preliminary hearing of ex parte matters, pre- liminary call of the calendar and arrangement of the call board mentioned in Rule 3. Rule 2. The jury shall be called for the second day of the term at nine o'clock a. m. Rule 3. The clerk shall provide and keep a call board located in a con- spicuous place within the bar; said board shall be marked in three horizontal lines the upper of which shall be headed " ON TRI.\L," the next line below, "PEREMPTORY CALL FOR," and the third line, "SUBJECT TO CALL." On the first day of the term the court will order placed upon the peremp- tory call line of said board, at least three cases, designated bv their consecutive subject to call to the peremptory call list, a sufficient number in their order designed as aforesaid. As a case is placed upon trial its number will be trans- ferred from the peremptory call line to the line headed "On Trial." Each day of the term, after the first day. the court will rearrange the peremptory call for the following dav by transferring them from said list of cases, designated as subject to call to the peremptory call list, a sufficient number in their order aforesaid, to make said peremptory call list to contain at least three cases; the court will at the same time make the said list of cases subject to call to con- tain at least five cases as aforesaid by taking from the term calendar until the same shall become exhausted. No case will be placed upon trial except by consent of all parties, until it is reached by call from said peremptory call list, but the court may from day to day increase the number of cases to be placed upon said call board as the business of the court n^ay require. The foregoing rule is to apply to all cases upon the term calendar when an issue is joined. Rule 4. The clerk shall provide and keep a book to be known as "Motion Docket," in which shall be entered by the attorneys and solicitors all such mo- tions or petitions not exempted by rule 7 as they may desire to bring to the attention of the court; svich entry shall consist merely of the title of case, a brief statement of the motions or petitions, and the names of the attorneys or solicitors representing the respective parties. Rule 5. The first day and each Monday thereafter during the term shall be motion dav, and all motions or petitions required to be noticed shall be noticed for one of said days. Rule 6. On the hearinp of all motions nnd petitions except motions for a new trial, the time consumed in argument shall not exceed 15 minutes on each side, and the argument of motions for a new trial shall consume no more than (712) MICHIGAN LOCAL CIRCUIT COURT RULES. 426 30 minutes on each side. And in any case no argument will be heard on mat- ters not expressly and properly raised by the record of the motion or petition, and the record showing properly made in opposition thereto. Rule 7. In all cases continued over the term, the party applying for the continuance shall, before the order is entered by the clerk, pay to said clerk the sum of one dollar for clerk's fee, and to the attorney or solicitor of the party against whom such continuance is granted, the sum of ten dollars, term fee, besides such taxable costs as the party last aforesaid may have properly incurred in the preparation for trial at said term, which costs will then and there, with- out further notice, be taxed by the clerk, subject to summary appeal to the court, and when taxed shall be payable on demand, and if not then paid, upon proof by affidavit of such fact, said case will be reinstated upon the calendar and stand for trial at said term. Rule 8. On a motion to strike a case from the calendar for the fault of the opposite party, or his attorney or solicitor, the prevailing party shall be en- titled to a motion fee of five dollars for making or opposing said motion as the case may be, but the court may exercise its discretion in special cases should justice demand. Rule 9. In all appeal cases, if the appellant shall have bettered himself twenty-five dollars, then appellant shall recover full costs, otherwise the court shall award such costs as may seem to him just. Rule 10. The clerk shall procure to be printed for the use of the court and bar at least sixty copies of the term calendar. The calendar shall be four by eight inches in size, and shall contain four cases on each page, and shall have one blank page at the end of each class of cases entered thereon. Besides the cases for trial and hearing, said calendar shall contain notice of the times fixed for holding the terms of this court, the rules adopted by the court, a list of the officers of the court, a list of the attorneys of the county, a list of the jurymen drawn for the term with their residence, and an index to said calendar which shall include the cases entered thereon, and a time calendar. Said calendar shall be ready for delivery at least four days before the first day of the term. No cases except criminal cases and appeal cases noticed under the statute, shall be placed upon said calendar except in compliance with this rule. Rule 11. No divorce case will hereafter be heard until it appears printed upon the term calendar, placed there after the same is actually at issue by the filing of the note of issue. In all divorce cases where the husband is com- plainant, if there shall be issue less than 14 years of age, the prosecuting attor- ney shall appear for said children, and contest said bill, unless otherwise or- dered by the court. Rule 12. That the party calling a jury in any trial of a cause, pay the clerk of this court the jury fee before said cause is tried, and in any trial where the jury is ordered by the court, the plaintiff and defendant shall each pay one-half of the jury fee. That in all cases the jury and stenographer's fees shall be paid before the trial of the cause commences. If the plaintiff neglects or refuses to pay such of said fees as by the law and rules of this court it is his duty to pay as herein required, he shall be nonsuited. If the defendant shall neglect or refuse to pay such of said fees as it is his duty to pay under the law and said rules as herein required, his plea shall be stricken from the files and he shall be precluded from making any defense thereunder. Rule 13. The first day of September and January terms of this court shall be "Naturalization Day," and all petitions for naturalization shall be noticed for, and heard on such days. Rule 14. Every person receiving an adverse ruling in the trial of any suit in this court, either in law or chancery, may have an exception thereto without asking the same in open court. (712) Thirty-Sixth Circuit, Cass and Van Buren Counties. Rule 1. PRO CONFESSO DIVORCE CASES. In pro confesso divorce cases all questions put to witnesses shall be reduced to writing by the commis- sioner and all witnesses shall be interrogated as to age, vocation and residence, and as to their relationship to the complainant. Rule 2. No divorce suit will be heard unless the same is properly upon the printed calendar, and none shall be placed upon the calendar by the register in chancery unless the cause is then ready for hearing by order pro confesso or replication. Rule 3. Before a decree of divorcement shall be granted the complainant must appearand testify in open court to the charges stated in the bill of com- plaint, the time of hearing to be fixed by the court. 427 THIRTY-SEVENTH CIRCUIT. (713) Rule 4. None of the files, nor the report of the commissioner with the testimony taken by him, shall be removed from the clerk's office by stipulation or otherwise for any purpose, unless by special order of the court. Attention is also called to Chancery Rule 29. Rule 5. SPECIAL MOTIONS— WHEN TO BE HEARD. Special motions will be heard each Monday morning during the term time, upon the opening of court; and such motion shall be noticed for hearing accordingly. Rule 6. NOTES OF ISSUE— WHEN TO BE SERVED. Notes of issue, notices of hearing, and the list of criminal causes to be tried, shall be served on the clerk at least fourteen days before the first day of each term. Rule 7. WHEN CASES MAY BE ADDED TO THE CALENDAR. Crim- inal cases accruing after the service of the regular list upon the clerk, and de- fault cases, may be added to the trial calendar on the first day of the term, but not thereafter. Rule 8. SHERIFF— DUTIES OF. On the first day of each term and on all days during which criminal cases shall be on trial the sherif and one other officer shall be in attendance. On other days the sheriff alone shall attend. In cases of inability upon his part to attend, the sheriff shall cause one of his deputies or some other officer to supply his place. Rule 9. CLERK— DUTIES OF. The clerk shall not permit any paper on file in his office to be taken therefrom. It shall be the duty of the clerk or his deputy to be in constant attendance upon the court throughout ea<;h term, and to have the journal of proceedings in readiness for the judge's signature upon the opening of court each morning. Rule 10. Motion for continuance will not be heard after Wednesday of the 1st week of the term, except in special emergency, and then upon proper showing to the court. In all continuances, except in criminal or default cases, a clerk's fee of one dollar shall be paid. (713) Thirty-Seventh Circuit, Calhoun County. Rule 1. No party shall be deemed to have appeared by attorney in this court in any civil case brought into this court by appeal from the judgment of the justice of the peace or by certificate of a justice of the peace, until his attorney shall have entered an appearance in the book of corrmon rules, or filed the same with the clerk of the court, and given notice thereof to the op- posite party, if he shall have entered his appearance in like manner. Rule 2. The calendar will bo called informally at the opening of the court at two o'clock in the afternoon on the first day of each term, for the purpose of informing the court about the business to be done; but the court will give the bar one day's notice before the call of the calendar. Rule 3. Time in which to announce as to a party being ready for trial, or in which to make a motion to strike out or to continue will not be granted beyond the call of the calendar except upon a sufficient showing being made by affidavit filed with the clerk at or before the time the case is reached at the call of the calendar; but a party shall not be deprived by this rule of the right to make a motion for continuance at a later day in term upon cause shown. Rule 4. The first day of the term, and every Monday during The term shall be special motion days. All motions shall be entere I in the order of date of filing same, in a motion docket to be kept by the clerk, and all motions will be heard in the order in which they shall appear upon said motion docket. After the jury work is completed, on the odd Mondays (first, third and fifth) of each month during term, court will be in session at Battle Creek, and on the even Mondays (second and fourth) of such months the court will be in session at Marshall; and following the hearing of motions on these days the court will hear pro confesso divorce cases and other non-contested matters. Rule 5. The motion docket will be called at the coming in of the court on motion days, and on the last day of term and every motion not answered to and disposed of shall be deemed to have been continued to the next motion day. Rule 6. The jury will be in attendance at two o'clock in the afternoon of the second Monday of the term and remain in attendance until the jury cal- endar is cleared, unless otherwise directed by the court. Rule 7. A list of cases following the order of the calendar (except as to cases especially assigned), will be set down as subject to call on each day and no case will be called which is not on the list for that day. When a case is assigned for a particular day, it will be placed at the head of the list set down for call on that day. Rule 8. When a jury has been demanded by both plaintiff and defendant, the jury fee shall in the first instance be paid by the plaintiff, and the jury and stenographer fee shall in all cases be paid to the clerk of the court before the case is reached for ttial. (714) MICHIGAN LOCAL CIRCUIT COURT RULES. 428 Rule 9. Whenever error is to be alleged upon the charge of the court in any case, which is to be taken to the supreme court on a writ of error or otherwise, it shall be the duty of the party alleging error to make and file with the clerk of court a brief statement setting forth the part or parts of the charge complained of and to which exceptions are taken, and the same shall be incor- porated in the statement of facts presented for a settlement of the bill of ex- ceptions in the case. Rule 10. In all pro confesso divorce cases the decree must be presented to the register of this court together with the fee required in such cases within five days from the time the order is granted permitting the decree to be taken; and if not done within such time the order permitting such decree to be taken will be set aside. The register will present the decree to the court with the statement that the fee has been paid and then if satisfactory, will be signed by the judge. No decrees are to be presented to the judge for signature except by the register. Rule 11. Cases for divorce upon the calendar in which the appearance of the defendant has been entered by solicitor will be placed upon call at the time of the hearing of chancery cases, upon request of the solicitor for either party, and the solicitor for the opposite party will be ^v^i at least i.ne day's notice thereof before the case will be taken up for hearing by the court. (714) Thirty-Eighth Circuit, Monroe County. Rule 1. Notes of issue shall be filed with the clerk at least eight days before the first day of the term. Rule 2. The clerk shall cause at least fifty copies of the calendar to be printed at the expense of the county for the use of the court and bar, and have the same ready for distribution at least two days before the first day of each term. Rule 3. The jury and reporter fees shall in all cases be paid to the clerk before the cases can be tried. Rule 4. Pro confesso divorce cases will not be heard unless regularly upon the calendar, except upon special application in open court. Rule 5. No attorney shall be deemed to have appeared in this court in any civil cause brought to this court from an inferior tribunal until such attor- ney shall have entered his appearance in the common rule book. Rule 6. The appellant cannot notice his case, nor have the same placed upon the docket for trial until the entry fee has been paid, but the appellee may notice the same and place it upon the docket for trial, and may then move to dismiss or pay the fee and proceed to trial. Rule 7. In all issues of fact, cases shall be put on call on the day pre- ceding the day on which the trial shall be ordered. Rule 8. In all cases of divorce, where the charge is a wantoru refusal to support, no divorce will be granted, except from bed and board, unless such refusal has continued for a period of two years: and hereafter in fro confesso cases all decrees for divorce will be denied, unless the proof; correspond with the statutory requirements as construed hy the supreme court in contested cases. Rule 9. In all cases where the defendant is charged with bastardy, the usual notice of trial, as on civil cases, must be given, but the requirement shall not afFect the obligation of the defendant to comply with the conditions of his bond. Rule 10. The second Friday of April and November are hereby designated and fixed as the stated days for hearing naturalization filed in this court under the provisions of the Naturalization Act of June 29, 1906. (715) Thirty-Ninth Circuit, Lenawee County. Rule 1. The clerk shall procure to be printed sixty copies of the court calendar for use of the court and bar, at each term of said court, and shall mail to each attorney or firm having cases on the calendar one copy of such calendar two days before the first day of term. Rule 2. Final action will not be taken, on default or otherwise in any cause not upon the calendar for the term. Cases in which the right to a decree or final order accrues after the calendar is made up, will, on the written re- quest of counsel, be put on by the clerk afterwards, but in other cases there must be a special application to the court. Rule 3. The party calling for a jury in any trial of a cause shall pay to the clerk of this court the jury fee before said cause is tried. .And in any trial when the jury is ordered by the court, the plaintiff and defendant shall each pay one-half of the iury fee. Rule 4. No attorney shall be deemed to have appeared in any civil cause appealed to this court from any judgment rendered by a justice of the peace. 429 THIRTY-NINTH CIRCUIT. (715) until such attorney shall have filed notice of appearance or retainer with the clerk. Rule 5. No cause in which an entrance fee is required by law to be paid, shall be entered by the clerk, or placed upon the calendar, until such fee is paid is required by Section (315) C. L. '97. Rule 6. Upon the determination of all special motions, except motions for security for costs, the prevailing party shall be entitled to a rule fee cf five dollars, unless otherwise specially ordered. Rule 7. The first day of term shall be given to calling calendar and hear- ing motions. The jury shall be required to report at nine o'clock a. m., on the second day of term. Rule 8. Criminal cases shall be on peremptory call at the opening of court for the second day of term. The first three civil cases on calendar shall be on peremptory call in their order for the afternoon of said second day of term, unless otherwise ordered. Rule 9. After call of calendar, the first three cases on regular call shall proceed to trial when reached, unless otherwise ordered. Rule 10. Monday of each week shall be known as "motion day," and all petitions and special motions, except motions for continuance, shall be noticed for hearing on Monday. If court is in session on that day such motion will be heard, unless otherwise ordered. If court is not in session on such Monday, then said motion or petition shall stand for hearing on the first day thereafter when court is in session. The clerk and register of this court shall hereafter keep a motion docket, and the calendar for such motion day, shall be rrade up by said clerk on each Saturday, previous to said motion day, and said clerk shall place upon such calendar all motions at law, or petitions, or motions in chancery, of which he shall receive written notice prior to noon on each Saturday. Such motions or petitions shall be taken up at the opening of court, in the order in which they are entered upon the calendar, and if either party appears, be disposed of when reached, unless continued by agreement, or on cause shown by affidavit. If said motion or petition is not then called up it will be deemed to have been waived. Upon filing said motion with the clerk, he shall be paid $1.00. INDEX INDEX DIRECTIONS FOR USING THE INDEX [After you have found the desired subject of a rule look for the court in black-faced type.] References are to rule and parenthetical number ABATEMENT IVHCHIGAN CIRCUIT COURT RULES AT I.AW plea in, Rule 6. (63) ABATEMENT U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES amendment of plea in, Eastern District, Rule 18, (284) plea in, Eastern District, Rule 18, (284) Western District, Rule 8. (321) time of filing, Eastern District, Rule 20, (286) ABATEMENT U. S. COUiRT OF APPEALS COURT RULES allowance of, Rule 19, (618) ACCEPTANCE MICHIGAN CIRCUIT COURT RULES AT LAW affidavit of genuineness of, Rule 40, (97) ACCIDENTS MICHIGAN INDUSTRIAL ACCIDENT BOARD RULES nature of, to be reported. Rule 1, (192a) ACCOUNTING MICHIGAN CIRCUIT COURT RULES IN EQUITT form of. Rule 18(a), (134) ACCOUNTS MICHIGAN PROBATE COURT RULES filing of. Rule 1. (154) preparation of, Rule 1, (154) ACCOUNTS TT. S. DISTRICT COURT GENERAL ORDERS IN BANKBTTPTCT marshal's. Rule, 19, (247) referee's. Rule 26, (254) trustee's. Rule 17, (245) ACCOITNTS U. S. DISTiRICT COURT GENERAL EQUITT COURT RULES contents or decree on, of decedent's estate. Rule 73, (472) form of, on reference to a master. Rule 79, (278); New Rule 63 (493a63) ACCOUNTS U. S. DISTRICT COURT LOCAL ADMIRALTY COURT RULES Commissioners', how made. Rule 45, (539) ACTION U. S. DISTRICT COURT GENERAL EQUITY COURT RULES joinder of. New Rule 26, (493a26) ACTIONS AT LAW U. S. DISTRICT COURT GENERAL EQUITY COURT RULES transfer of, to equity. New Rule 22, (493a22) ADDRESS OF COMMISSIONER U. S. INTERSTATE COMMERCE COMMISSION RULES location of. Rule 21, (636a21) ADJOURNMENT MICHIGAN PROBATE COURT RULES granting of. Rule 9, (162); Rule 15, (168) ADJ MICHIGAN RULE BOOK. 434 References are to rule and parenthetical number ADJOUiRNMENT U. S. COURT OP AFFI:AX.S COURT RULES judge or clerk may make, Rule 4, (603) ADJOURNMENT TT. S. INTERSTATE COMIKCERCE COMMISSION RULES granting of, Rule 8, (63i6aS) ADJOURNMENT XT. S. SUFBEME COURT RULES granting of, Rule 3i7, (673) ADJUDICATTiONS TT. S. DISTRICT COURT GENERAL ORDERS IN BANKIRTTPTCY cost in contested, Rule 34, (262) ADMINISTRATION ACCOUNTS MICHIGAN PROBATE COURT RULES examination of, IRule 11 sec. 3, (164) form of. Rule 11 sec. 1, (164) notice of hearing on. Rule 11 sec. 2, (164) ADMINISTRATOR MICHIGAN PROBATE COURT RULES appointment of, Rule 4, (157) ADMIRALTY, XX. S. GENERAL, (541) local admiral ty. (496) ADMIRALTY XJ. S. DISTRICT COURT GENERAX. ORDERS IN BAmCRUPTCY application to take further proof in. Rule- 14, (242) ADMIRALTY U. S. COURT OF APPEALS COURT RULES method of taking testimony in Rule 35, (634) objections to taking evidence in. Rule 12, (611) further proof in. Rule 14, (6il3) record in. Rule 14, (613) ADMIRALTY XT. S. SUPREME COURT RULES record in. Rule 8 sec. 6, (644) ADMISSIONS XOICHIGAN CIRCUIT COURT RULES AT LAW genuineness of documents as to. Rule 23, (80) statement in defendant's plea to be taken as, Rule 23, (80) ADMISSIONS MICHIGAN CIRCUIT COURT RULES IN EQXJIT'2' genuineness of documents are, on demand, Rule 15(a), (131) ADMISSIONS XT. S. DISTRICT COURT LOCAL COMMON LAW RULES facts by notice annexed to plea, Western District, Rule 9, (322) ADVANCE PEE XT. S. DISTRICT COURT LOCAL COMIMON LAW COURT RULES clerk may charge. Eastern District, Rule 4, (270); Western District, Rule 2, (315) AFFIDAVIT MICHIGAN CIRCUIT COURT RULES AT LAW genuineness of acceptance of service of, Rule 40, (97) merits shown in, Rule 12(b), (69): Rule 15, (72) showing death of party by, Rule 44(b), (101) existence of corporation, Rule 3(d), (60) AFFIDAVIT MICHIGAN CIRCUIT COURT RULES IN EQUITY default in serving bill shown by. Rule, 7(c), (123) genuineness of acceptance of service of, Rule 15(a), (131) motions and petitions on, Rule 15(a), (131) regularity of, in divorce cas.es. Rule 219(c), (145) foreclosure cases, Rule 28(d), (124) taxation of costs on, Rule 23, (139) AFFIDAVIT MICHIGAN RAILROAD COMMISSION RULES taking of, Rule 7, (177) 435 INDEX. AME References are to rule and parenthetical number AFFIDAVIT U. S. DISTRICT COUIRT LOCAl COISOIOIT LAW COUIvT RULiES continuance Western District, Rule 22. (335); Eastern District, Rule 3o, (301) denial of rxfcution, Eastern District, Rule 28, (294); Western Dis- trict, Rule 10, (323) genuineness of. Western District, Rule 38, (351) inquest cases, Eastern District, Rule 34, (300); Western District, Rule 16(a), (329) merits, Eastern District, Rule 25, (2-91); Western District, Rule partnership of corporation, Eastern District, Rule 27, (293); West- ern District, Rule 5, (318) prosecution of cases in forma pauperis, Western District, Rule 62. (3i75) time of plea of issue to be verified by. Eastern District, Rule 28, verification of, before whom. Eastern District, iRiule 4. (270)- West- ern District, Rule 5, (318) AFFIDAVIT U. S. DISTRICT COURT IiOCAI. ADMIKAI.TY COURT RULES contents of, by poor defendant. Rule 40, (535) AFFIRMATION XT. S. DISTRICT COURT GENTISAIi EQUITY COURT RULES parties may make. Rule 91, (490); New Rule 78, (493a78) A(JREEMENT IkQCHIGAlI' SUFSEIUX COURT RULES cases put at the foot of the calendar. Rule 44, (44) counsel's, must be in writing', Rule S'.i, (33> AG-REEMENT IVEICHIGAK lUmVSI^XAlM ACCIDENT BOARD RULES counsel's, to be in writing. Rule 39, (96) AGREEMENT V. S. DISTRICT COURT LOCAIi COMMON LAW COURT RULES written, when stipulation. Eastern District, Rule 3, (269); Western District, Rule 37, (350) AGREEMENT I/HCHIGAIT II'^JXTSTKIAI. ACCIDENT BOARD RI'LKS compensation, must be in writing. Rule 5, (192e) ALCONA COUNTY I.OCAI. CZRCnXT COURT RULES, (699) ALGER COUNTY LOCAL CIB-CTJIT COURT RULES, (687) ALIAS WRIT MICHIGAN CIRCUIT COURT RULES AT LAW issuance of, Rule 1(b), (58) ALLEGAN COUNTY LOCAL CrBCITIT COURT RULES, (696) ALPENA COUXTY LOCAL CIKCUIT COURT RT'LES, (702) ALTERATIONS IT. S. DISTRICT COURT GENERAL ORDERS IN BANKUtTPTCT petitions and schedules as to. Rule 5, (233) AMENDMENTS MICHIGAN CIRCUIT COURT RULES AT LAW declaration open to, without leave of court wlien, Rule 10, (67) demurrer open to, without leave of court when. Rule 10. (67) pleas open to, without leave of court when. Rule 10, (67) AMBNT)MENTS MICHIGAN CIRCUIT COURT RULES IN EQUITY answer may take on, before replication is put in. Rule 16(f), (132) complainant may make, without leave of court. Rule 16(a), (132) complainant's, made before notice for argument of demurrer. Rule 16(d;, 132) consistent, to original bill, Rule 16(c), (132) defendant may make, without leave of court. Rule 16(a), (132) demurrer overruled complainant may make. Rule 16(c), (132) filing of. Rule 17(a), (133) AME MICHIGAN RULE BOOK. 436 References are to rule and parenthetical number AMENDMENTS — Continued making and inserting of, Rule 17(b), (133) practice on, Rule 17, (133) service of, Rule 17(c), (133) time of making of. Rule 16(b), (132) answer after, are made, Rule 17(d), (133) replication filed no, can be made. Rule 16(g), (132) AMENDMENTS ^aXCSXGAJSr BAIXSOAD COIVCMISSION COURT RULES allowance of. Rule 8, (178) AMENDMENTS U. S. DISTRICT COURT IiOCAI. BANKRUPTCY COURT RULES allowance of, to schedules in involuntary cases. Rule 6(b), (198) AMEND:MEXTS TT. S. district court GUTSTEJiAJ. OiRDERS IN BANKBUPTC7 allowance of. Rule 11, ■(239) printing of. Rule 11, (239) signing of. Rule 11, (239) verification of. Rule 11, (239) AJMENDMENTS TJ. S. DISTRICT COURT I.OCAI1 COSCIVION IiAW COURT RULES declarations, pleas, and demurrers. Eastern District, Rule 22, (2S8): Western District, Rule 12, (325) plea in abatement, Eastern District, Rule 18, (284); Western Dis- trict, Rule 8, (321) pleadings, rule not required. Eastern District, Rule 22, (288) time to plead to, Eastern District, Rule 18, (284) AMENDMENTS U. |S. DISTRICT COUIRT GENBRAI. EQUITY COURT RULES abandonment of. Rule 30, (429) allowance of, to answer when, Rul.© 60, (459) leave of court when. Rule 60, (459) prohibited when, Rule 52, (451) application for, filing of. Rule 28, (427) bill may have, New Rule 28, (493a2S) defect of parties remedied by, New Rule 43, (493a43) granting of. Rule 5, (404) making of, after answer, Rule 29, (428); Rule 46, (445) after replication. Rule 29, (42i8) before answer, Rule 28, (427) permission for. New Rule 19, (493al9) pleadings for. New Rule 45, (493a45) time of making, to bill, Rule 28, (427) AMENDMENTS U. S. INTERSTATE COIVKMERCE COMMISSION RULES allowance of. Rule 7, (63'6a7) AJMENDMENTS U. S. CUSTOMS APPEALS COURT RULES permission to make, Rule 11, (636cll) ANSWER IkXICHIGAN CIRCUIT COURT RULES IN EQUITY contents of. Rule 10(d), (126) division of, into i>aragraphs, Rule 10(c), (12'6) filing of sworn. Rule 10(a), (126) objections to, Rule 10(f), (126) practice on. Rule 10, (126) signing of. Rule 10(e), (126) verification of. Rule 10, (126) ANSWER MICHIGAN RAUiBOAS COMMISSION COURT RULES contents of, Rule 4, (174) filing of. Rule 4, (174) satisfaction before making, iRule 4, (174) statement of. Rule 4, (174) service of. Rule 4, (174) time when carrier complained against must. Rule 4, (174) 437 INDEX, APP References are to rule and parenthetical number ANSWER XT. S, DISTRICT COURT I.OCAI. EQUITY COURT RULES cost In, Rule 5, (382) frame of, Rule 4. (381) service of copy of. Rule 1, (378) paragraphs of. Rule 4, (381) waiver of sworn, Rule 14, (391) ANSWER tJ. S. DISTRICT COURT OENXRAI. EQUITY COURT RULES allowance of, cost on separate, when. Rule 62, (461) exception to, bill to be taken pro confesso. Rule 64, ('463) amendments of, when. Rule 60, (459); New Rule 30, (493a30); New Rule 33, (493a33) cause at issue on filing? of. New Rule 31, (493a31) contents of. New Rule 30, (493a30) costs upon. Rule 25, (424) determination of exception to. Rule 65, (464) court always open for filing of. Rule 1, (400) defects of parties stigeested in. New Rule 43. (493a43) defendant may compelled to. Rule 18, (417) defendant to. New Rule 16. (•4n3al6), Nerw Rule 29, (493a29) enforceability of plaintiff's right to full. Rule 63, (462) exceptions for insufficiency of. New Tivlf ."3. C493a33) exceptions to, hearing to be set down, Rule 63, (462) failure to produce documents nffeets, N'ew Rule 58, (493a58) filing of exceptions to, when, Rule 61, (460) supplemental, when. Rule 46, (445) time of, Rule 18, (417) granting of filing of, on application. Rule 5. (404) insisting of. on defense available by plea. Rule 39, (438) interrogatories need no. Rule 44, (443) master's report identified with. New Rule 61. (-193a61) matter need not be contained in. Rule 39, (438) necessity of. to fortify plea. Rule 32. (431) nominal parties to. when. Rule 54, (453) new and supnlemental. New Rule 32. (■493a32'> part, and demurrer or plea to part. Rule 38, (437) recitation of, as to decree. Rule 86, (485) suhT>n«pa to compel. New Rule 7, (493a7) sufficiency of, Rule 61, (460) time for. New Rule 12. ('493al2'); New Rule 17, (493al7) verification of, before whom, Rule 59, (458) ANSWER U. S, DISTRICT COURT aENEBAi; AD1VIIBAI.TY COURT RULES garnishees. Rule 3 7, (577) verification of. Rule 29, (567) ANSWT^R U. S. UTTEHSTATE COMMERCE COMMISSION RUIZES time for, Rule 4, (636a4) ANSWE'R TTTB NATURE OF CROSS-BILL IN MICHIGAN CIR- CUIT COURT RULES IN EQUITY practice on. Rule 11, (127) ANTRIM COUNTY I.OCAX. CUtCUIT COURT RULES. (689) APPEAL MICHIGAN CIRCUIT COURT RULES AT I-AW note of issue in. Rule 16, (73) service of papers in. Rule 33, (90) special leave to. Rule 45, (102) APPEAL IN CHANCERY MICHIGAN SUPREME COURT RULES extension of time for return on. Rule 16, (16) motion to dismiss. Rule S, (8); 9, (9) notice of. when due. Rule 14, (14) return on, to be filed when. Rule 15, (15) APPEAL U. S. DISTRICT COURT OENERAXi ORDERS IN BANK- RUPTCY court of bankruptcy's. Rulo 36 sec. 1, (264) making of, Rule 3i6, (264) APP MICHIGAN RULE BOOK. 438 References are to rule and parenthetical numben APPEAIv TT. S. DISTRICT COURT GENEBAI, EQUITY COURT RULES costs in, New Rule 76, (493a76) omissions corrected by. New Rule 76, (493a76) record on. New Rule 75, ((493a75); New Rule 76, (4'93a76): New Rule 77, (493a77) statement agreed upon by, New Rule 77, (49Sa77) suspension of injunction on, Rule 93, (492); New Rule 74, (493a74) APPEAL TJ. S. DISTRICT COURT lOCAl ADMISAiTY COURT RULES proceedings for the purpose of an, when, Western District, Rule 30, (523) time and mode of taking, Rule 29, (523) APPEAL tJ. S. DISTRICT COURT GEITERAI, AISMrE&AI.TY COURT RULES further proof taken on, Rule 50, (590) making of, how, (Rule 45, (585) rules applicable in certain cases of, Rule 58, (598) testimony of, Rule 49, (589) transcripts on, Rule 52, (592i) APPEAL U. S. COURTS OF A.FFJ1A.ImS COURT RULES allowance of. Rule 37, (636) method of taking testimony in admiralty cases after. Rule 35, (634) review on. Rule 14 sec. 2, (613) returnable of, Rule 14 sec. 5, (613) APPEALS \J. E. CUSTOMS APPEALS COURT RULES taking of. Rule 10, (636clO) APPEALS, TJ. S. COURT OF, (600) APPEAL FROM COURT OF CLAIMS U. S. SUPKEME COURT RULES order in reference to. Rule 49, (685) APPEARANCE U. S. DISTRICT COURT GJlNIlTt,A^ ORDERS IN BAKTKBtJPTCY appellant's non-. Rule 22, (250) appellee's non-. Rule 22, (250) either party's non-. Rule 22, (250) entry of, by counsel. Rule 16, (244) party docketing case as to. Rule 16, (244) APPEARANCE IJ. S. DISTRICT COURT I.OCAT. COMMON LAW COURT RULES defendant may be by praecipe, Eastern District, Rule 10, (276) equity docket to contain. New Rule 3, (493a3) notice of. Eastern District, Rule 15, (2'81), Wtestern District, Rules 4 and 53, (317), (366) praecipe for. Eastern District, Rule 14, (280) subpoena is the process to compel. New Rule 7, (493a7) suits other than by capias. Eastern Disti-ict, Rule 14, (280) APPEARANCE TT. S. DISTRICT COURT GEmSRAI. EQ^ITT COURT RULES defendant's day of. Rule 17, (416) entry of, in order book. Rule 17, (416) manner of making. Rule 17, (416) nominal parties need not make, when. Rule 54, (453) APPEARANCE TT. S. CTTSTOMS APPEALS COURT RULES assistant attorney general need not file notice of. Rule 15, (636cl5) notice of, served on whom, Rule 16, (636cl6) APPEARANCE V. S. STTPREME COURT RULES defendant's non-, by counsel or otherwise, Rule 17, (653) neitiier party make, by counsel or otherwise. Rule 18, (&54) plaintiff's non-, by counsel or otherwise. Rule 16, (652) 439 INDEX. ARG References are to rulo anrl parenthetical numbcii APPEARANCE BAII. V. S. DISTRICT COURT I.OCAI. COIiUVION Z^AW COURT RULES judgment against. Eastern District, Rules 11 and 12, (277), f278) liability of, when special is sufficient, Eastern District, Rule 11, (277) time of filing-. Eastern District, Rule 10, (276) APPOINTMENT U. S. DISTRICT COURT OENXTSAI. ORDERS IN BANKSUFTCrZ' notice of trustee of liis. Rule 16, (244) ARBITRATION XT. S. DISTRICT COURT GSTSTERAJ. ORDERS IN BANKBUPTCY manner of submission to. Rule 33, (261) submission of controversy to, Rule 33, (261) ARENAC COUNTY I.OCAI. CIBCXJIT COURT RULES, (710) ARGUMENT MICHIGAIT SUPBIIME COURT RULES call of cases for. Rule 45, (45) counsel may make, when. Rule 27, (27) motion for rehearing submitted without oral, Rule 51, (51) oral, not allowed, when. Rule 42. (42); Rule 55, (55) submission of, on briefs, Rule 47, (47) thirty days' notice must be given for. Rule 34, (34) tim.e allowed for. on final hearing. Rule 46. (46') motions, Rule 27, (27) ARGUMENT ICZCHIGAN' CIRCUIT COURT COURT RULES AT LAW defendant when to have opening and closing, Rule 24(c), (81) ARGUIMENT MICHTGAK PSOEATE COURT RULES filing of printed or written. Rule 14, (184) oral. Rule 11. (181) service of printed or written. Rule 14, (184) ARGUMENT TJ. S. DISTRICT COURT I^OCAI. COMMON LAW COURT (RULES open and close. Western District, Rule 24, (337) time and manner of. Western District, Rule 24, (337) ARGUMENT V. S. DISTRICT COURT I.OCAX EQIJITY COURT RULES general rule for. Rule 20, (397) ARGUMENT IT. S. COURT OF APPI:AX.S COURT RULES appellant entitled to open and corehide tlie oral. Rule 25 sec. 1, (624) cross appeals as to. Rule 25 se^:. 1. (624) number of counsel on each side to make. Rule 25 sec. 1, (624) time allowed for oral. Rule 25 sec. 3. (624) ARGUMENT TT. S. INTEBSTATE COllCMEBCE COMMISSION RULES application for oral, Rule 1.",. (0.'!6al5) ARGUMENT V. S. COMMBBCB COURT RULES regulation of. Rule 2. (636b2) ARGUMENT TT. S. CUSTOMS APPEALS COURT RULES time allowed for, Rulo l-l. (MIBAI.TY COURT RULES reduction of, new sureties. Rule 6, (546) taking of, on arrest, Rule 3, (543) BAIL TT. S. STJPBEME COURT RULES granting of, when and how. Rule 36 sec. 2, (672) BAILIFF U. S. COURT OF APPEALS COURT RULES duties of. Rule 6 sec. 1, (605) oath of, Rule 6 sec. 1, (605) BAN MICHIGAN RULE COOK. 442 References are to rule and parenthetical number BANKRUPTCY U. S. GENERAL ORDERS IN, (229) BANKRUPTCY I.OCAZ. COURT RULES, Eastern District of Mich- igan (193) BARAGA COUNTY I.OCAI. CIRCUIT COURT RULES, (688) BARRY COUN^TY I.OCAI. CIRCUIT COURT RULE'S, (681) BAY COUNTY I.OCAI. CIRCUIT COURT RULES, (694) BENZIE COLTNTY LOCAL CIRCUIT COURT RULES, (704) BERRIEN COUNTY LOCAL CIRCUIT COURT RULES, (678) BILL OF COMPLAINT BUCHIGAN CIRCUIT COURT RULES lU: EQUITY commencement of chancery suits by. Rule 1(a), (117) contents of the verification of, Rule 2(b), (120) division of, into paragraphs. Rule Kb), C117) non-compliance of, with paragraph rule. Rule 1(d), (117) officer authorized to take oath may take verification to. Rule 2'(c), (120) omission of prayer of process in, Rule 1(c), (117) verification of. Rule 2, (118) BILL OF EXCEPTIONS U. S. SUPREME COURT RULES AT LA-W amendment to. proposed in writing. Rule 47(f), (104) assiernment of all the alleged error in detail shall accompany the. Rule 47(e), (104) contents of. Rule 47(d), (104) copy of, served on opposite party. Rule 47(f), (104) court may grant further reasonable time for settlement of, Rule 47(f), (104) delivery of, to proposed appellant. Rule 47(g), (104) filing of assignment of error with. Rule 47(g), (104) furnishing of stenographer's minutes for settlement of. Rule 47(c), (104) notice of when and where, will be settled, Rule 47(f), (104) practice on settlement of. Rule 47, (104) signing of. Rule 47(e) and (g), (104) time of filing of, Rule 47(g), (104) settlement. Rule 47(a), (104) service shall accompany the, Rule 47(e), (104) BILL OF EXCEPTIONS U. S. COURT OF APPEALS COURT ■RULES contents of. Rule 10, (609) BILL OF EXCEPTIONS U. S. SUPREME COL'RT RULES allowance of, Rule 4, (640) BILL OF PARTICULARS MICEIGrAN CIIRCUIT COURT RULES AT LA"W discretion of court as to. Rule 4(b), (61) filing and service of, by defendant. Rule 4(c), (61) service and filing of. Rule 4(a), (61) settling bill of exceptions in relation to. Rule 4(a), (61) BILL OF PARTICULARS U. S. DISTRICT COURT LOCAL COM- MON LA-W COURT RULES (V)ntents of, "Western District, Rule 6, (.'519) demand for. Eastern District, Rule 23, (2«9) nonsuit is not filed or insuflficient, Eastern District, Rule 23, (289) notice of inquest of damages. Rule 16, Western District, (329) testimonv upon. Eastern District. iRule 2i3, (289) time of filing. Eastern District, Rule 2Z, (2i89) BILLS U. S. DISTRICT COURT LOCAL EQUITY COURT RULES creditors'. Rule 5, (382) foreclosure. Rule 5, (3i82) frame of. Rule 4, (381) verification of, 'R,uLa 21, (3©8) 443 INDEX. BOT References are to rule and parenthetical numben BILLS V. S. DISTRICT COURT OEITCBAX. EQUITT COURT RULES allowance of demurrer or plea will make, amendable, Rule 35, (434) amendment of. New Rule 2S. C4y:!a2.S) amendments mav be made, when. Rule 28, (427) after replication. Rule 29, (428) after answer. Rules 29, 46, (428), (445) before answer or plea, Rule 28, (428) after notice, Rule 29, (428) after motion without notice. Rule 2'9, (428) answer ot amended, New Rule 32, (493a32) bill of revivor of, when to be filed. Rule 56, (455) contents of. X^w Rule 25. M<''^n?5) contents of prayer of. Rules 21, 23, (420), (42'2) stockholders against corporation. Rule 94, (4-93) unnecessary recitals. Rules 26, 85, (425), (484) copy of, including all amendments, when furnished. Rule 28, (427) costs on. Rule 25, (424) courts alwavs op°n for filing of. Rule 1, (400) dismissal of. Rule 3S, (437) frame and form of. Rule 20, (419) granting of filing of, on application when, Rule 5, (404) introductory part of. Rule 20, (419) nominal parties need not answer unless. Rule 54, (453) omissions from. Rule 21, (420) parties to, when proper, Rule 22, (421) recitation of, not in decree, iRule 86, (485) signing of, by counsel, Rule 24, (423) stockholder's, Rule is-i, (-iu:',); New Rule 27, (493a27) supplemental. Rule 57, (456) taking pro confesso of. Rule 64. (463) time at taking pro confesso. Rules IS, 19, (417), (418) BILLS OF REVIVOR TJ. S. DISTRICT COURT GEmBAI. EQtjrr-y COURT RULES form of. New Rule 35, (493a35) BOND MICHIGAN FROBATE COURT RULES securities on, Rule 6, (159) BOND U. S. DISTRICT COURT LOCAL EAITKItTrPTCT COURT RULES form of, in reclamation proceedings. Rule 28, (221) new sureties, when. Rule 28(c), (220) BOND U. S. DISTRICT COURT I.OCAI. AEMXRAIiTY COURT RULES proceedings whene general indemnity is given. Rule 34, Western Dis- trict, (529) BOND U. S. DISTRICT COURT GENERAI. ADDORALTTr COURT RULES suits on bottomry. Rule 18, (558) BOND TJ. S. COLTRT OF APPEAXS COURT RULES supersedeas and costs, Rule 1 :', soc I, (612) BOOKS AND PAPERS MICHIGAN CIRCUIT COURT RULES AT IkAW production of. Rules 50-57, (114), (120) BOOKS, PAPERS AND DOCUMENTS MICHIGAN RAHiSOAD COMMISSION RULES production of. Rule 13, (183) BOOKS P.\PKRS AND DOi^T'MENTS V. S. INTEEETZATE COM- MEBCE COMMISSION RULES subpoenas for. Rule 12, (636al2) BOTTOMRY U. S. DISTRICT COURT GENEBAI. ADMHtAlTY COURT RULES freight brought into court in case of. Rule 38, (578) BOX MICHIGAN RULE BOOK. 444 References are to rule and parenthetical number BOTTOMRY BOISTDS TJ. S. DISTRICT COURT I.OCAI. ASMIRAIr TTT COURT RULES suits on, Rule 18, (558) BRANCH COUNTY I.OCAI. CIKCUIT COURT RULES, (691) BRIEF mCHIGAK SUPSZIlVIi: COURT RULES application for rehearing on, Rule 51, (51) appellant's contents of. Rules 40, 41, (40), (41) appellee's contents of, Rule 41, (41) copies of appellant's, when to be served. Rule 41, (41) appellee's, when to be served, Rule 41, (41) cost of printing, taxable, Rule 48, (48) failure to serve, in time, Rule 41, (41) printed in mandamus, prohibition and certiorari proceedings, Rule 56, (56) rehearing in. Rule 51, (51) service of, by appellant. Rule 41, (41) appellee, Rule 41, (41) submission of cause on. Rule 47, (47) motion on, Rule 30, (30) supplemental, Rule 41, (41) BRIEF IVIICHiaAN BAII.BOAS COlMnynSSION' RULES filing and service of printed or written, Rule 14, (184) BRIEF U. S. COURT OF AFPEAIiS COUIRT RULES contents of. Rule 24 sec. 2, (1), (2), (623) copies of, Rule 2'7 (626) filing of. Rule 24 (6-28) BRIEF TJ. S. INTERSTATE COIJOCEKCI! COMMISSION RULES filing Of, Rule 14, (636al4) BRIEF V. S. CUSTOMS APPEALS COURT RULES printing of, Rule 8, (636c8) BRIEF U. S. SUPBtEME COURT RULES contents of. Rule 21 sec. 2, (657) form of printed. Rule 21, (657) non-receival of, after argument. Rule 26 sec. 4, (662) service of, Rule 6 sec. 4, (642) time for filing. Rule 21, (657) BUSINESS ADDRESS IVCICHZGAIT CIRCUIT COURT RULES AT I.AW counsel's, on pleadings, etc.. Rule 1, (58); 2, (59); 3(a), (60) CALENDAR MICHIGAN SUPREME COURT RULES call of, daily, iRule 45, (45) causes may be stricken from, Rule 38, (38) order of cases, Rule 4i3, (43) re-arrangement of, on the first day. Rule 44, (44) CALENDAR MICHIGAN CIRCUIT COURT RULES AT iAW clerk makes up the Rule 18, (76) cost after countermand of notice of trial. Rule 13, (71) precedence of cause on. Rule 18, (76) CALENDAR MICHIGAN CIRCUIT COURT IN EQUITY application of law rules, 15a, (131) order of causes. Rule 18, (134) CALENDAR U. S. DISTRICT COURT GENERAL EQUITY COURT RULES causes go on, when, New Rule 56, (493a56) CALENDAR U. S. CUSTOMS APPEALS COURT RULES causes placed on. Rule 7, (636c7) CALHOUN COUNTY LOCAL CIRCUIT COURT RULES, (713) 445 INDEX. CHA References are to rule and parenthetical number CAPIAS V. S. DISTiRiICT COURT XiOCAI. COMMON LAW COURT RULES bail in suits on, Eastern District, (Rule 10, (276) form of, Western District, Rule 3, (316) writ when returnable, Eiastern District, Rule 9, (275): Western Dis- trict, Rule 3, (316) CAPITAL MICHiaAir BAHAOAS COIVIMZSSION RULES office of commission at. Rule 1, (171) CARRIERS SIZCHIGAN BAZLBOAD COMMISSIOIT RULES compliance with orders against, Rule 18, (188) CARRIERS U. S. INTERSTATE COMMERCE COMMISSION RULES application by, Rule 19, (636al9) CASE-MADE MICHaGAW CIRCUIT COURT RULES AT tAW practice on. Rule 48, (105) CASES U. S, DISTRICT COURT LOCAI. BANKBTTPTCY COURT RULEIS closing of, when, Rule 33, (226) CASES IT. S. COURT OF AFFEAI.S COURT RULES advancement of, Rule 3 sec. 7, (602) dismissal of, iRule 20, (619) docketing of, iRule 16 sec. 1, (615) " — two or more, argued as one, Rule 3 sec. 6, (602) CASES TJ. S. SUPREME COURT RULES dismissal of in vacations, Rule 28, (664) hearing of, involving same question. Rule 26 sec. 8, (662) passing of, how restored to call, Rule 26 sec. 9, (662) CASS COUNTY IiOCAIi CIB-CUIT COURT RULES, (712) CAUSES Xr. S. DISTRICT COURT LOCAI. EQUITY COURT RULES removal of, from state courts, Rule 21, Western District, (399) CERTIFICATE OP ENROLLMENT MICHIGAN FBOBATE COURT RULES attachment of, to all papers filed. Rule 17, (170) CERTIORARI MICHIGAN SUPBEME COURT RULES, calendar cause as to. Rule 43, (43) costs on. Rule 49, (49) extension of time return to, Rule 7, (7) issue and return day of, Rule 4, (4) mandamus, proceedings, reviewable by, Rulel2, (12) motion as to, when heard as such. Rule 12, (12) notice to. Rule 16, (16) proceedings on, printed briefs. Rule 56, (56) return to. Rule 6, (6) test of. Rule 4, (4) CERTIORARI U. S. COURT OF APPEALS COURT RULES diminution of the record by, will not be awarded in any case. Rule 18, (617) motion for, must be in writing and verified. Rule 18, (617) CERTIORARI U. S. SUPBEMZ COURT RULES proceedings by, for diminution of record. Rule 14, (650) CERTIORARI MICHIGAN CIRCUIT COURT RULES AT LAW hearing in, Rule 46(d), (103) jurisdiction In, Rule 46(a), (103) CESTUI QUE TRUST U. S. DISTRICT COURT GENEBAL EQUITY COURT RULES making of, party when. Rule 49, (448) CHAMBER U. S. DISTRICT COURT GENEBAL EQUITY COURT RULEIS motions, rules and orders at. Rules 3 to 4, (402) to (403); New Rule 1, (493al) CHA MICHIGAN RULE BOOK. 446 References are to rule and parenthetical number CHAMBER ORDEIRS MXCSIGAir CIRCUIT COURT RULE'S AT making and signing of, Rule 11(c), (68) CHAMBER ORDERS MICHIGAIT CIRCUIT COURT OaULES IN EQUITY making of. Rule 15(a), (131) rules applicable to, Rule 15, (131) CHANCERY CAUSES MICHIGAK CIRCUIT COURT RULES IN EQUITY rules applicable to. Rule 15, (131) CHANCERY COURT RULES MICHIGAN CPRCUITS, (117) CHARLEVOIX COUNTY X.OCAI. CIBCTTIT COURT RULES, (6S9) CHEBOYGAN COUNTY X.OCAI. CIBCTJIT COURT RULES, (709) CHIPPHT\^A COUNTY I.OCAI. CIRCUIT COURT RULES, (687) CIRCUIT COURT RULES AT LAW IN MICHIGAN, (58) CIRCUIT COURT RULES IN EQUITY IN MICHIGAN, (117) CIRCUIT COURT OF APPEALS U. S. DISTRICT COURT GEN- ERAL ORDERS IN BANKRUPTCY court of bankruptcy to, Rule 36 sec. 1, (264) CIRCUIT COURT U. S. DISTRICT COURT I.OCAI. ASMrBAIiTY COURT RULES rules of, Rule 43, (540) CITATION U. S. DISTRICT COURT GENEKAIi ORDERS IN BANKRUPTCY return day of, Rule 14, (242) service of, Rule 14, (2'42) CITATION U. S. COURT OP APPEAI.S COURT RULES returnable of. Rule 14 sec. 5, (613) CITATION U. S. SUPBEIXE COURT RULES service of. Rule 8 sec. 5, (664) CLAIMS U. S. DISTRICT COURT I^OCAJ. BANKRUPTCY COURT RULES petition for re-examination of. Rule 32(c), (225) CLAIMS U. S. DISTRICT COURT 6ENERAX. ORDERS IN BANK- RUPTCY acknowledgment of, before whom. Rule 21, sec. 5, (249) assignment of. Rule 21 sees. 3 and 5, (249) compounding of. Rule 2'8, (257) deposition supporting assigned, Rule 21 sec. 3, (249) deposition to prove, Rule 21 sec. 1, (249) manner of making proof of Rule 21 sec. 1. (249) proceedings as to assigned, Rule 21 sec. 3, (249) proof of, of persons contingently liable for bankrupt. Rule 21, sec. 4. (249) re-examination of, how made. Rule 21 sec. 6, (249) transmission of proved, to clerk. Rule 24, (252') CLAIMS U. S. DISTRICT COURT OENERAIk ASIVDRALTY COURT RULES proof of, Rule 55, (595) verification of. Rule 26, (566) CLARE COUNTY I.OCAIi CIRCUIT COURT RULES, (697) CLERK MICHIGAN SUPREIVIE COURT RUIZES calendar to be. made up by. Rule 44, (44) certiorari returnable at the office of, (Rule 4, (4) duties of. Rule 1, (1) fees of. Rule 2, (2) issuance of final process by, Rule 52, (52) ■motion docket to be kept by. Rule 21, (21) prohibition of, from practice and residence of, Rule 1, (1) 447 INDEX. CLE References are to rule and parenthetical number CLERK V. 8. DISTRICT COURT I.OCAI^ BAITKKUPTCY COURT RULES certificate of, Rule 8(c), (200) examination of referee's record of a concluded case by, Rule 31(b), (224) fees of, when paid. Rule 16(a), (2'09) filing fee received by. Rule 16(b), (209) forms to be furnished by, Rule 23(a), (216) inventory to be tiled by receiver with, iKule 25(a), (216> notice may be given by, Rule 8(c), (200) time when all cases deemed closed for fees to, Rule 16(d), (209) CLEIRJv U. S. DISTRICT COURT GENEBAI. ORDERS IN BAITK- BUPTCY compensation of. Rule 35, Par. 1, (263) CLERK V. S. DISTRICT COURT I.OCAI. COIVOIOK XULVT COURT RULES collect advance fee. Eastern District, Rule 4, (270); Western Dis- trict, Rule 2, (315) duties of, relating to juries, Eastern District, Rules 41, 42, (307 (308) execution against surety. Eastern District, Rule 4, (270) fees of, placing cause in term calendar. Western District, Rule 56, (369) filing of papers with. Western District, Rule 35, (348) money deposit for costs, Eastern District, Rule 4, (270) non-resident, must seal, Eastern District, Rule 43, (309) notice to both parties, Eastern District, Rule 30, (296) oath administered by, Eastern District, Rule 43, (309) open and file depositions. Eastern District, Rule 30, (296) reference to, Eastern District, Rule 26, (292) security for costs. Eastern District, Rule 4, (270) withdrawal of files not permitted. Western District, Rule 35, (348) CLERK V. S. DISTRICT COURT ZkOCAI^ EQ UITY COURT RULES duty of, to require security for costs from alien and non-resident plaiatiffs. Rule 2, (37'9) CLERK V. S. DISTRICT COURT GENEBAX. EQUITY COURT RULES attendance of. Rule 2, (401) duties of. New Rule 2, (493a2); New Rule 58, (493a58) equity docket, journal and order book. New Rule 3, (493a3) motions grantable by. Rule 5, (404); New Rule 5, (493a5) office of, when open. Rule 2, (401) subpoena issued by. New Rule 12, (493al2) verification of pleadings by. New Rule 36, (493a36) writ of assistance issued by, New Rule 9, (493a9) CLERK U. S. DISTRICT COURT I^OCAI^ AJTVrrRAT.'Tg COURT RULES party commencing suits must pay advance foo to. Rule 11, (505) warrants and proceedings to be returned to. Rule 33, (52) CLERK TJ. S. COURT OF AFPEAXS COURT RULES attorneyship of, Rule 5 sec. 2, (604) bond given by, Rule 5 sec. 3, (604) disposition of fees by, Rule 36, (635) docket made up by, must be printed. Rule 3, (602) duty of, as to costs. Rule 31 sec. 5, (630) account of fees. Rule 36, (635) fees of, before, transcript of record. Rule 31 Sec. 6, (630) filing of record with, before return day, Rule 16 sec. 1, (615) oath of. Rule 5 sec. 3, (604) office of, Rule 5 sec. 1, (604) opinions handed to. Rule 2i8 siec. 1, (627) papers not to be permitted by, to be taken, Rule 5 sec. 4, (604) recording of opinions by. Rule 28 sec. 1, (627) supervision of printing of opinions by. Rule 28 sec. 1, (627) CLE MICHIGAN RULE BOOK. 448 References are to rule and parenthetical number CLERK XT. S. CUSTOMS APPEALS COURT RULES duties of, Rule 1, (636cl) fees of. Rule 13, (636cl3) office of. Rule 1, (636cl) CLERK TT. S. SUFSESO: COURT RULES fees of, may be attached. Rule 10 sec. 8, (646) office of, Rule 1, (637) prohibition of, to practice as attorney, Rule 1, (637) residence of, Rule 1, (637) table of fees of. Rule 27 sec. 7, (663) CLERK'S FEES IT. S. SUBB-EME COURT RULES security for, Rule 10 Par. 1, (646) CLERK'S OFFICE V. S. DISTRICT COURT GENEBAIi HQJJITZ COURT RULES commissions, orders, processes, rules, etc.. New Rule 1, (493al) master report to, New Rule 66, (493a66) open when. New Rule 2, (4 93a2) restraining orders filed in, New Rule 73, (493a73) statement as to appeal in. New Rule 75, (493a75) OLEIRK'S OFFICE U. S. DISTRICT COURT XiOCAI. ASMIBAIiTY COURT RULES commissioners' accounts must be filed in. Rule 45, (539) papers not to be taken from. Rule 42, (538) CLINTON COUNTY I.OCAJ^ dRCTTIT COURT RULES, (705) COLLISION TT. S. DISTRICT COURT GEZTEBAi; ADMIRALTY COURT RULES damages by. Rule 59, (599) suits for damage by. Rule 15, (555) COMMERCE COMMISSION RULES, (63'6al) COMMERCE COURT RULES, (636tol) COMMISSION RULES RAILROADS OF MI'CHIGAiN, (171) COMMISSION MICHIGAN- BAHiROAS COMMISSION RULES address of the. Rule 20, (190) decisions of. Rule 11, (181) COMMISSION U. S. DISTRICT COURT IiOCAIi COMMON lAW COURT RULES interrogatories in, how settled. Eastern District, Rule 29, (295) issuance of. Eastern District, Rule 29, (295) COMMISSION XT. S. DISTRICT COURT GEXTEIBAIi EQUITY COURT RULES court always open for issuing of. Rule 1, (400) form of last interrogatory in, Rule 67, (466) issuance of, ex parte to take testimony. Rule 67, (466) certificate of master. Rule 67, (466) taking of testimony de bene esse by. Rule 67, (466) COMMISSIONERS MICHIGAN CIRCUIT COURT RULES IN EQUITY accounting before, Rule 18(a), (134) appeal from order of. Rule 20, (136) Duty of. Rule 18(b), (134) proceedings before. Rule 18, (134) report of. Rule 19, (13'5) restriction, on powers of. Rule 21, (137) COMMTiSSIONE[RS> U. S. DISTRICT COURT IiOCAIi COMMOJff I.AW COURT RULES depositions taken by, Western District, Rule 54, (367) objection to depositions, Eastern District, Rule 30, (296) 449 INDEX. COM References are to rule and parenthetical number COMMISSIONERS V. S. DISTRICT COURT aUTSTEIKAJt EQUITY COURT RULES attendance of witnesses before. New Rule 52, (493a52) evidence taken before. New Rule 49, (493a49) notice of talking testimony before, New Kule r»3, f493a53) objections to evidence before, New Rule 51, (493a51) refusal to attend or testify before, Rule 6 7, (466) COMMISSIONKRS U. S. DISTRICT COURT I.OCAIi ASMIBAZiTT COURT RUKB'S libellant entitled to an oral examination of the garnishee before a, Rule 16, Western District, (BO'S) reports of. Rule 19, (513) COMMISSIONERS V. S. DISTRICT COURT GEZTXSAI. AI>MIB- ALTY COURT RULES references to, Rule 44, (584) COMMISSIONERS' RETURNS TJ. S. DISTRICT COURT IiOCAIi ADMISAI.T7 COURT RULES record of. Rule 35, (530) COMMON LAW COURT RULES MICHIGAN, (58) United States, (267) COMMON ORDERS UICHIGAjr CIR;CUIT COURT RULES IN EQUITY law rules relating to, Rule 15(a), (131) COMMON RULE ICECHiaAir CIRCUIT COURT RULES AT I.AW definition of, Rule 11(a), (68) COMMON RULES ItHCHIG-AIT CIRCUIT COURT ItULES AT filing of, with clerk. Rule 11(b), (68) COMMON RULE U. S. DISTRICT COURT I.OCAX. COMMQST LAW COURT RULES book. Eastern District, Rule 5, (271); Western District, Rule 13, (326) entered how, Eastern District, Rule 5, (271) COMMON RULE BOOK MICHXGAJT CIRCUIT COURT RULES AT I.AW clerk to keep a. Rule 11(a), (6&) entries to be made in, Rule 11(a), (68) COMPENSATION MICHIGAN INPUSTRTAIi ACCIDENT BOARD RULES receipt for, Rule 7, (192g) COMPLAINANT MICHIGAN BAXLKOAD COMMISSION RULES burden of proof on, Rule 11, (181) COMPLAINTS MICHIGAN BAII.SOAI> COMMISSION RULES petition must set forth, Rule 3, (173) COMPLAINTS U. S, INTEItSTATE COMMERCE COMMISSION RULES petition. Rule 3, (636a3) COMPOSITION U. S. DISTRICT COURT I.OCAX. BANKRUPTCY COURT RULES certificate or report of referee in case of, must be presented to judge before confirmation. Rule 12(e), (205) confirmation of a, an order for distribution to be made. Rule 12a (b), (205) copy of order to show cause for, mailed to creditors, Rule 12a (d), (205) notice of time and place creditors may appear before referee in case of. Rule 12a (f), (205) CO^I MICHIGAN RULE BOOK. 450 References are to rule and i>arenthetical number COMPOSITION — Continued objections to, by parties interested, Ruule 12a (g) (205) offer of, Rule 12a, (a) (205) petition for the confirmation of a. Rule 12a (c), (205) practice in cases of, Rule 12a (b), (205) COMPOSITION TT. S. DISTRICT COURT GEimX&AI^ ORDERS IN BAITKRUPTCY opposition to. Rule 32, (260) COMPUTATION OF TEVIE SUCHIG-AH' SUFXtEUTE COURT RULES notice of -motion, extra time as to, Rule 28, (28) orders as to. Rule 25, (25) service of papers as to. Rule 25, (25) time to be added in. Rule 23, (23) CONTEMPT U. S. DISTRICT COURT I.OCAI; COMMON I^AW COURT RULES service on party charged with. Western District, Rule 32, (345) CONTEMPT OP COURT TJ. S. DISTRICT COURT GUTS^SrAX, EQUITY COURT RULES refusal to attend before master, examiner or commissioner is, Rules 67, 78, (466), (477) CONTESTED CASES aUCHIG-AIT SAXDROAS COIOCISSIOir RULES hearing of, where. Rule 1, (171) CONTINUANCE MICHIG-AIf SITFBEMi: COURT RULES motion for. Rule 45, (45) parties not ready to argue case results in. Rule 45, (45) CONTINTJANCB MICHIGAN CIRCUIT COURT RULES AT I.AW costs on, Rule 22, (79) motion for, Rule 22, (79) CONTINUANCE MICHIGAN PROBATE COURT RULES granting of. Rule 15, (168) CONTINUANCE TJ. S. DISTRICT COURT IiOCAIi COMMON LAW COURT RULES motion for, Eastern District, Rule 35, (301); Western District, Rule 2'2, (335) plea plus darrein continuance. Western District, Rule 11, (324) CONTINUANCE TJ. S. DISTRICT COURT GENEBAI. EQUITY COURT RULES allowance of. New Rule 57, (493a57) CONTINUANCE U. S. DISTRICT COURT IiOCAXi AB3VIIBAI.T7 COURT RULES affidavit for, Rule 39, (534) CONTINUANCE U. S. COURT OF AFFEAI.S COURT RULES motion for, cause shown, Rule 3, Par. 4, (602) stipulation for, Rule 3, Par. 4, (602) CO-PARTNERSHIP U. S. DISTRICT COURT LOCAL BANK- RUPTCY COURT RULES contents of, Rule 1(b), (193) service of subpoena in case of, by publication in involuntary pro- ceedings, Rule 2(b), (194) COPIES OP PAPERS MICHIGAN BAUjBOAB COMMISSIOJiT RULES furnishing of. Rule 17, (187) CORPORATIONS MICHIGAN CIRCUIT COURT RULES AT IiAW affidavit showing existence of. Rule 3(d), (60) CORPORATIONS U. S. DISTRICT COURT IiOCAIi COMMON IiAW COURT RULES proof of, required by affidavit. Eastern District, Rule 27, (293); Western District, Rule 5, (318) 451 INDEX. COS References are to rule and parenthetical number CORPORATIONS V. S. DISTRICT COURT GEIOISAi; ORDERS IN BAITKRUFTCT proof of debt due a, Rule 21, Par. 1, (249) COSTS MICHIGAN SUPKEDCE COURT RULES clerk to tax, Rule 50, (50) clerk's fees, taxable as. Rule 2, (2) cost of printing taxable as. Rule 48, (48) counsel fees taxable as. Rule 49, (49) notice of taxation of, Rule 50, (50) COSTS ancHioAir circuit court rules at IiAW discontiiiaiice by plaintiff as to, Rule 27Ca)(b), (84) genuineness of documents as to, on proving, Rule 23, (80) joint defendants as to, Rule 27(c), (84) payment of, after suit is commenced, Rule 42, (99) setting aside default as to, Rule 12(b), (69) tender of. Rule 42, (99) verdicts of different kinds as to, Rule 27(c), (84) COSTS MICHIGAN- CIRCUIT COURT RULES IN EQUrTT allowance of, to prevailing parties. Rule 22, (138) amendment without leave of court as to, Rule 16(a) (d) (e), (132) security for, Rule 3, (119) solicitor's fees taxable as. Rule 22, (138) testimony taken before commissioner as to, Rule 14(e) (130) taxation of, Rule 23, (139) COSTS tr. S. DISTRICT COURT GENEKAI. ORDEIRS IN BANK- RUPTCY execution for. Rule 31, (259) opinions taxed as, Rule 32, (260) payment of, Rule 32, (260) table of, Rule 31, (259) COSTS U. S. DISTRICT COURT IiOCAI^ COMMON LAW COURT RULES clerk may take money deposit for. Eastern District, Rule 4, (270) collection of advance fees, Eastern District. Rule 4, (270) countermand notice of trial, "V^^'estern District, Rule 15, (328) discontinuance, "Western District, Rule 26, (339) execution against surety. Eastern District, Rule 4, (270) form of security for, Eastern District, Rule 4, (270) judgment against. Eastern District, Rule 4, (270) motions for continuance, Western District, Rule 22, (335) plea plus darrein continuance, Western District, Rule 11, (277) security for, required of non-residents. Eastern District, Rule 4, (270) state court cases. Eastern District, Rule 4, (270) stenographer's fees, Eastern District, Rule 37, (303); Western Dis- trict, Rule 57, (370) surety for, must be a resident. Eastern District, Rule 4, (2 70) tender of payment, after suit is brought, Western District, Rule 39, (352) COSTS IT. S. DISTRICT COURT I.OCAI. EQUITY COURT RULES security for, Rule 2, (379) COSTS U. S. DISTRICT COURT GENEBAi; EQUITY COURT RULES amendment with or without payment of. Rules 28, 29, (427), (428) answer from nominal party as to, Rule 54, (453) bills and answers as to, Rule 25, (424) contents of, Rule 86, (485) continuances as to. New Rule 5 7, (493a57) determination of exceptions to scandalous matter as to. Rule 26, (425) exceptions to master's report as to. Rule 84, (483) exception to master's report as to, New Rule 67, (493a67) filing of separate answers, as to. Rule 62, (461) granting of, on hearing of demurrer or plea. Rules 34, 35, (433), (434) COS MICHIGAN RULE BOOK. 452 References are to rule and parenthetical number COSTS — Continued incompetents, of, New iRule 51, (493a51) infractions of the rules as to. New Rule 7&, (493a76) parties. New Rule 40, (493a40) payment of. New Rule 8, (493a8) plaintiff to be paid, when. New Rule 17, (493al6) proof of genuineness. New Rule 58, (493a5S) references to master. New Rule 59, (493a59) solicitors offending, New Rule 76, (493a76) stenographer's fees. New Rule 50, (493a50) terms as to, New Rule 20, (49'3a20) COSTS TJ. S. DISTRICT COURT IiOCAI. ADSHIRAIiT-Z- COURT RULES libellant to give like security for, Rule 10, (503) security for, Rule 9, (502) COSTS U. S. COURT OF APPEAI.S COURT RULES allowance of, affirmance of judgment. Rule 31 sees. 1 and 2, (630) bill of. Rule 31, (630) bonds relating to. Rule 13 sec. 1, (612) duty of clerk as to, Rule 31 sec. 5, (630) reversal of decree or judgment as to. Rule 31 Sec. 3, (630) United States a party no, allowed, Rule 31 sec.4, (630) COSTS U. S. CO]&00:RCE COURT RULES table of, Rule 3, (636c3) COSTS U. S. STTPBESO: COURT RULES non-recoverable of, where United States is party, Rule 24 sec. 4, (660) printing record as to. Rule 10 sees. 2, 6 and 7, (646) taxation of, Rule 24, (66) COUNSEL U. S. DISTRICT COURT IiOCAZi COMMON lAW COURT RULES certificate of, to demurrer. Western District, Rule 7, (320) examine or cross-examine witness, "Western District, Rule 24, (337) open and close. Western District, Rule 24, (337) statement of case or defense by, Western District, Rule 24, (337) time allowed to, for argument. Western District, Rule 24, (337) COUNSEL V. S. DISTRICT COURT aXiNEBAI. EQUITY COURT RULES certificate of, rule 31, (430) consent of. New Rule 57, (493a57) notice of. New Rule 53, (4fl3a53) signature. New Rule 24, (493a24); New Rule 69, (493a69) COUNSEL TJ. S. SXJ2»KEMi: COURT RULES admission of, Rule 2 sec. 1, (638) appearance of, Rule 9 sec. 3, (645) non-appearance of. Rule 18, (654) number of, to be heard on argument. Rule 22 sec. 2, (658) time allowed, for argument. Rule 22 Sec. 3, (658) motion, Rule 6 sec. 2, (642) COUNSELORS AT LAW V. S. DISTRICT COURT IiOCAIi COM- MON I.AW COURT RULES admission of. Eastern District, Rule 1, (26'7) oath of office of. Eastern District, Rule 1, (267) COUNTER-CLAIM tJ. S. DISTRICT COURT GENEBAI. EQUITY COURT RULES answer must state, New Rule 30, (493a30) reply to. New Rule 31, (493a31) COURT MICHIGAN CIRCUIT COURT RULES IN EQUITY general practice of. Rule 35, (152) COURT MICHIGAN PSOBATE COURT RULES petitions to. Rule 3, (156) 453 INDEX. CRE References are to rule and parenthetical number COURT XT. S. DISTRICT COURT GUNEIbAIi ORDERS IN SAJSTK.- BUPTCY bankrupt subject to order of the. Rule 12 sec. 1, (2'40) general trustees to act in classes of cases shall not be appointed by the, Rule 14, (242) official trustees shall not be appointed by the, Rule 14, (242) COURT XT. S. DISTRICT COURT GEMXBAIi EQTJITT COURT RULES appellant's statement to a.ppToval of. New Rule 75, (493a75) appointment of master, New Rule 68, (493a68) contempt of. New Rule 52, (493a52) cost of incompetent, New Rule 51, (493a51) district, may make rules, New Rule 79, (4.93a79) impertinent, scandalous, and redundant matter, New Rule 21, (493- a21) testimony to be taken in. New Rule 46, (493a46) COURT TJ. S. DISTRICT COURT GEKEKAX. ADMHtAIiTT COURT RULES freight brought into, when. Rule 38, (578) rules of an inferior. Rule 46, (586) COURT XT. S. COURT OF APPEAiS COURT RULES calling of cases for argument by, Rule 3 sec. 3, (602) clerk may adjourn, when. Rule 4 sec. 1, (603) hearing of cases by thie. Rule 3, (602) judge make necessary order of, when. Rule 4 sec. 2, (602) name of. Rule 1, (600) place of holding, Rule 3 sec. 2, (602) quorum of, Rule 4 siec. 1, (603) terms of. Rule 3, (602) COURT U. S. CUSTOMS APPEALS COURT RULES sessions of, iRule 9, (63Gc9) COURT FILES VaCTCiaAJSt CIRCUIT COURT RULES AT X^W removal of. Rule 38, (95) COURT OF CLAIMS XT. S. SUPBEME COURT RULES order in reference to, appeals from, Rule 49, (685) COURT TRIAL XT. S. DISTRICT COURT I.OCAI. BANKItXTPTCY COURT RULES judge in, may refer to a special master. Rule 7(b), (199) COURTS OF THE STATE XT. S. DISTRICT COURT LOCAI. COM- MO»r I.AW COURT RULES proceedings on removal from. Western District, Rule 61, (374) rules of, to govern when. Western District, Rule 60, (373) CRAWTORD COUNTY LOCAL CIRCUIT COURT RULES, (710) CREDITO RS' BILLS MICHIGAIT CIRCUIT COURT RULES IW EQXTITY answer to, Rule 30(b), (146) contents of, Rule 30(a), (146) court may appoint receiver on, Rule 30(d), (146) practice peculiar to. Rule 30, (146) verification of. Rule 30(c), (146) CREDITORS XT. S. DISTRICT COURT IiOCAI. BANKRUPT C? COURT RULES final meeting of. Rule 17, (210) objection of. to confirmation of composition. Rule 12 a (g), (205) CREDITORS XT. a DISTRICT COURT GENEBAI. ORDERS IN BAKKBXTPTCY court mav call a special meeting of, when. Rule 25, (253) first meeting of, Rule 10, (238) CRE MICHIGAN RULE BOOK. 454 References are to rule and parenthetical number CREn>ITORS' BILLS TJ. S. DISTRICT COURT l^OCAIi EQUITY COURT RULES contents of, Rule 6, (383) injunction upon. Rule 10, (387) verification of. Rule 7, (384) CREDITORS IT. S. DISTRICT COURT GEKERAI. EQUITY COURT RULES claim before master, New Rule 65, (493a65) CREDITORS' FINAL MEETING U, S. DISTRICT COURT IiOCAIi BAITKBUFTCY COURT RULES trustee shall attend before the referee at. Rule 17(b), (210) CRIER U. S. COURT OF APPEAL COURT RUI^EIS duties of, Rule 6 sees. 1 and 2, (605) oath of. Rule 6 sec. 1, (605) CRIME U. S. DISTRICT COURT LOCAI. ADMIRAXTY COURT RULES CRIMINAL RULES U. S. COURTS, (537) CROSS-BILL U. S. DISTRICT COURT &ENJ1-RAI. EQUITY COURT RULES counter-claim as, New Rule 30, (493a30) necessity of. Rule 92, (471) CROSS-LIBELS U. S. DISTRICT COURT GENEtBAi; ADMXRAIiTY COURT RULES proceedings on, Rule 53, (593) CUSTODY U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES papers served on person in. Eastern District, Rule 2, (268) CUSTODY OF PRISONERS U. S. SUPKEME COURT RULES habeas corpus proceedings as to, Rule 34, (670) DAMAGES U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES assessment of. Eastern District, Rule 26, (292); Western District, Rule 14, (327) CUSTOMS APPEALS COURT RULES, (636cl) DAMAGES U. S. DISTRICT COURT GENERAL EQUITY COURT RULES application for preliminary injunction. New Rule 73, (493a73) avernment in bill as to. New Rule 30, (493a30) DAMAGES U. S. SUPKEME COURT RULES delaying proceedings compensated by. Rule 23 sec. 2, (659) DEATH OP PARTY MICHIGAN SUPBEME COURT RULES proceedings on. Rule 53, (53) suggestion of. Rule 53, (53) DEATH OF PARTY MICHIGAN CIRCUIT COURT RULE.S AT LAW suggestion of. Rule 44(b), (101) DEATH OF PARTIES U. S. DISTRICT COURT GENERAL EQUITY COURT RULES revivor. New Rule 45, (493a45) DEATH OF PARTY U. S. COURT OP APPEALS COURT RULES proceedings as to. Rule 19 sec. 3, (618) x> i m representatives in the event of, must appear when. Rule 19 sec. 2, (618) stay of proceedings in the event of. Rule 19 sec. 3, (618) DEATH OF PARTIES U. S. SUPREME COURT RULES efEect of. Rule 15, (651) proof of. Rule 21, (249 ) 455 INDEX. DEC References are to rule and parenthetical number DEBTS IT. S. DISTRICT COURT GEKEKAZ^ ORDERS IN" BAITZ- BUPTCT persons accused of any, Rule 41 a, (537) DEBT TT. S. DISTRICT COURT 0X:1«T:RAI. ADMIRAIiTT COURT RULES Imprisonment for, Rule 47, (587) DECISION V. S, CTTSTOMS APPEALS COURT RULES final, Rule 12, (636cl2) DECLARATION MICHIGAir CIRCUIT COURT RULES AT I.AW affidavits attached to, in cases brought by corporations. Rule 3(d), (60) prima facie evidence of incorporation, Rule 3Cd), (60) amendments may be made by adding new counts to the. Rule 10(c) (67) amendments of, without leave of court. Rule 10(a), (67) contents of, Rule 3(a), (60) insurance policies, Rule 3(c), (60) forms of, Rule 3(a), (60) Indorsement of amended. Rule 10(d), (67) rule to amend, not required. Rule 10(d), (67) statement of losing and finding omitted in trover. Rule 3(b), (60) time of filing of, after issuance of original writ, Rule 2(a), (59) service of, after receiving notice of appearance, Rule 2(c), (59) DECLARATION TT. S. DISTRICT COURT IiOCAXi COSIMOir LAW COURT RULES amendment of, Eastern District, Rule 22, (288); Western District, Rule 12; (325) non-joinder plea, Eastern District, Rule 18, (284) demurrer. Eastern District, Rule 18, (284) copy to be served on opposite party, when. Eastern District, Rule 15, (281) form of. Eastern District, Rule 16, (282); Wiestern District, Rule 5, (318) Insurance policy. Eastern District, Rule 17, (283) notice to file. Eastern District, Rule 15, (281) time of filing. Eastern District, Rule 4, (270); Western District, Rule 15, (328) DECREE IMXCHIGAir CIRCUIT COURT RULES IN EQUITY enrollment of. Rule 24, (141) DECREE 11. S. DISTRICT COURT I.OCAX. EQUITY COURT RULES pro confesso. Rule 29, (569) DECREE TT. S. DISTRICT COURT GENEBAI. EQTTITY COURT RULES clerical error in, how corrected. Rule 85, (484); New Rule 72, (493a72) compelling obedience to. New Rule 8, C493aS) contents of, for accounting of estate. Rule 73, (472) deficiency included in. Rule 18, (417); New Rule 10, (4S3alO) discharge of attachment as to. New Rule 8. (493a8) entry of, on default, Rules 18 and 19, (417) and (418); New Rule 16, (493al6) equity journal as to, New Rule 3, (493a3) injunction as to. New Rule 74. (493374) pleading not to be recited In, Rule 86, (485); New Rule 71, (493a71) pro confesso. Rule 16, (415); New Rules 16 and 17, (493al6) and (493al7) reversal of. New Rule 46, (493a46) setting aside of. Rule 19, (418); New Rule 17, (493al7) statement on appeal as to. New Rule 77, (493a77) •writ of assistance as to. New Rule 9, (493a9) DEC MICHIGAN RULE BOOK. 456 References are to rule and parenthetical number DECREE TJ. S. DISTRICT COURT GISNllBAX. ASDOBAI.T-S' COURT RULES pro confesso, Rule 29, (569) setting aside of, Rule 40, (580) DECREE U. S. COURT OF AFFEAXiS COURT RULES allowance of costs on. Rule 31, sec. 2, (630) reversal of, as to costs on, Rule 31, sec, 3, (630) DEBDDS Xr. S. DISTRICT COURT OEIOSBAi; EQUITY COURT RULES decree for delivery. New Rule 8, (493^8) DEFAULTS MICHIGAIT CIRCUIT COURT iRULBS AT LAW assessment of damages in, by court, jury or clerk, Rule 12(d), (69) entry of, in commonrule book. Rule 12i(a), (69) filing of. Rule 12(a), (69) plea withdrawn, case shall stand as on, Rule 12(c), (6'9) proceedings on. Rule 12, (69) setting aside of. Rule 12(b), (69) time of entering judgment on. Rule 12(c), (69) DEFAULT miCHIG-AZT CIRCUIT COURT RULES UST EQUITY filing and serving of any pleading or notice as to. Rule 7(a), (123) order to set aside made on special motion, Rule 7(d'), (123) proceeding by complainant as to. Rule 7(b), (123) defendant as to. Rule 7(c), (123) DEFAULT U. S. DISTRICT COURT LOCAL BANKRUPTCY. COURT RULES proceedings on, Rule 5(b), (197) DEFAULT U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES absolute, Eastern District, Rule 26, (292) effect of failure to give security for costs. Eastern District, Rule 4, (270) entered, when. Eastern District, Rule 2>i, (290) failure to file bill of particulars, Eastern District, Rule 23, (289) judgment upon. Eastern District, Rule 26, (292) opened, whien, Eastern District, Rule 25, (291) plea withdrawn, when. Eastern District, Rule 26, (292) ; Western Dis- trict, Rule 14, (327) proceedings thereon, Western District, Rule 14, (327) DEIFAULT U. S. DISTRICT COURT QENEBAL EQXTITY COURT RULES answer. New Rule 16, (493al6) counter-claim, New Rule 31, (493a31) defendant in, when. New Rule 16, (493al6) practice on, Rule 18, (417); New Rule 32; (49'3a32) setting aside. New Rulle 17, (4«3al7) DEFAULT U. S. COURT OF APPEALS COURT RULES appellant in. Rule 24 sec. 5, (623) ajppellee in. Rule 24 sec. 5, (623) DEFECT U. S. DISTRICT COURT GENERAL EQUITY COURT RULES disregard in proceedings when. New iRule 19, (493al9) parties resisting objection, New Rule 43, (4'93a43) tardy objections to, New Rule 44, (493a44) DEFENDANT U. S. DISTRICT COURT GENERAL EQUITY COURT RULES answer of. New Rule 12, (4'93al2); New Rule 16, (4«3al6) heirs-at-law as, Rule 50, (449) joint and several obligees as. Rule 51, (450) naming of, in introductory part of bill, Rule 20, (419) prayer for subpoena, Rule 21, (420) notice of decree as to, New Rule 8, (49i3a8) omission of name of, when, Rules 22, 47, 48, (421), (446), (447) 457 INDEX. DEM References are to rule and parenthetical number DEFENDANT — Continued, refus^al of party to act as, New Rule 37, (493a37) service of subpoena on, New Rule 13. (■493al3) subpoena the process to compel answer of. New Rule 7, (453a7) time of depositions of. New Rule 47, (493a47) ■writ of sequestration, when. New iRule 7, (493a7) DEFENDANT U. S. STTPBEME COURT iRUL,l<3S non-appearance of, Rule 17, (653) DEFENSES SHCHiaAK CIRCUIT COURT RULES AT XiAW contents of special notice as to. Rule 7, (64) DEFENSES TJ. S. DISTRICT COURT OENllBAX. EQUrrY COURT RULES presentation of, New Rule 29, (493a29) statement of nature of. New Rule 20, (493a20) testing- sufficiency of. New Rule 33, (4'93a33) DEFICIENCY IT. S. DISTRICT COURT G-EZIlEBAXi EQtXITY COURT RULES decree to provide for, on foreclosure. Rule 62, (4*61); New Rule 10, (493al0) DELAY TJ. S. DISTRICT COURT GEKEBAL EQTTITY COURT RULES imposition of cost for. New Ruile 67, (493a67) master to certify reason for, New Rule 67, (4 93a6 7) statement regarding, in the ploadinss, New Rule 24, (493a24) DELTA COUNTY I.OCAI. dBCtJIT COURT RULES, (701) DEMURRER MICHIOAIT CIRCUIT COURT RULES AT I.AW amendment of. Rule 5(b), (62) amendments of. without leave of courts. Rule 10(b), (67) certificate of counsel arlded to. Rule 5(c), (62) filing of. Rule 4(d), (61) form of. Rule 5(a), (62) joinder in. Rule 4(d), (61) DEMURRER MXCHIG-AK CIRCUIT COURT RULES IN EQTTIT? cause not specified in. Rule 9(b). (12'5) certificate of counsel added to. Rule 9(c), (125) form of. Rule 9(a). (125) joinder in. Rule 9(d), (125) overruling of. Rule 9(e). (125) practice on, Rule (9), (125) DEMURRER TT. S. DISTRICT COURT LOCAIi COMMON I.AW COURT RULES amendment of. Eastern District, Rule 19, (285); Western District, Rule 7, (320) certificate of counsel to, "Western District, Rule 7, (320) form of. Eastern District, RuLe 21, (287); Western District, Rule 4. (317) joinder on, necessary. Western District, Rule 7, (320) judgments on. Western District. Rule 7, (320) special. Eastern District. Rule 19. (285) time of filing. Eastern District, Rule 15, (2-81) DEMURRER U. S. DISTRICT COURT QENEBAI. EQUITY COURT RULES abolishment of. New Rule 29, (493a29) affidavit of defendant to accompany. Rule 31, (430) application for. Rule 5, (404) certificate of counssel to accompany. Rule 31, (430) costs as to. if overruled. Rule 34, (433) sustained. Rule 35, (434) extension of, to matter covered by answer. Rule 37, (436) filing of, when. Rule 18, (417) overruling of. Rules 36, 37, (435), (436) plaintiff's failure to set down, for argument, Rule 38, (437) DEP MICHIGAN RULE BOOK. 458 References are to rule and parenthetical number DEPOSITIONS MICEiaAN- CIRCUIT COURT RULES AT LAW objections to the manner of taking. Rule 41, (98) objections to notice of. Rule 41(b), (98) reading of, on the trial. Rule 41(a), (98) DEPOSITIONS MICHIGAN BATLiBOAJ) COIbOaiSSION' RULES manner of taking. Rule 12, (182) DEPOSITIONS U. S. DISTRICT COURT XiOCAIi BAITKRUPTCY COURT RULES withdrawal of money from, Rule 14(a), (207) DEPOSITIONS FOR MONET V. S. DISTRICT COURT IiOCAIi BANKItUPTCY COURT RULES designation of in bankrupt estates. Rule 13, (206) DEPOSITIONS TT. S. DISTRICT COURT GENEKAL ORDERS IN BANKItTJPTCY contents of, Rule 21, sec. 1, (249) DEPOSITIONS XT. S. DISTRICT COURT I.OCAI. COIklMON LAW COURT RULES clerk to give notice to both parties. Eastern District, Rule 30, (296); Western District, Rule 55, (368) opening and filing by, Eastern District, Rule 30, (296); Western District, Rule 55, (368) commission for taking. Eastern District, Rule 29, (295); Western District, Rule 12, (325) objection to form of. Eastern District, Rule 30, (296); Western Dis- trict, Rule 55, (368) suppression of, during jury session, Eastern District, Rule 55, (368) DEPOSITION V. S. DISTRICT COURT GBNTIBAI. EQUITY COURT RULES cross-examination in, Rule 68, (467); New Rule 54, (493a54) de bene esse. Rule 70, (4^69) examiner to take. Rule 68, (4'67); New Rule 49, (493a49) exceptional instances. New Rule 47, (493a47) expense of taking, New Rule 50, (493a50) expiration of time for taking, New Rule 56, (493a56) master may take. Rule 80, (479); New Rule 62, (493a62) publication of. New Rule 55, (493a55) taking of. Rule 68, (467); New Rule 54, (493a54) DEPOSITIONS IT. S. UTTIEESTATE COINOIEIBCE COMMISSION RULES requirements. Rule 11, (636all) DIAGRAMS U. S. COURT OF APPEALS COURT RULES failure to exhibit, notification of counsel. Rule 34 sec. 2, (633) placing of. Rule 34 sec. 1, (633) DICKINSON COUNTY LOCAL CUtCTJIT COURT RULES, (701) DISCHARGE MICHIGAN CIRCUIT COURT RULES AT LAW defense of, must be shown by special notice. Rule 7(b), (c), (64) DISCHAROB IT. S. DISTRICT COURT LOCAL BANKBUPTCY COURT RULES failure to interpose objections in case of, Rule 12(e), (204) filing of appearance in opposition to. Rule 12(c), (204) issue when joined referred to referee in case of, Rule 12(f), (204) objections to the sufliciencv of the specifications must be filed with clerk in case of. Rule 12(d), (204) order to show cause in case of. Rule 12(b), (204) petition for. Rule 12(a), (204) DISCHARGE OF BANKRUPT V. S. DISTRICT COURT GENERAL ORDERS IN BANKRUPTCY application for. Rule 12, (240) :form of. Rule 31, (259) opposition to. Rule 31, (259) petition for, Rule 31, (259) 459 INDEX. DOC References ara to rule and parenthetical number DISCONTINUANCE SOCHIGAN CIRCUIT COURT RULES AT IkAW proceedings as to, Rule 27, (84) DISCONTINUANCE tr. S. DISTRICT COURT I.OCAX COMMON I^AW RULES effect upon suit, Eastern District, Rule 36, (349) time and manner of making, Eastern District, Rule 36, (302); West- ern District, Rule 26, (339) DISCOVERY MICaiGAK CIRCUIT COURT RULES AT LAW rules relating thereto, Rules 50 to 57, (114) to (120) DISCOVERY TJ. S. DISTRICT COURT I.OCAX. COMMON LAW COURT RULES books, papers, etc., how compelled, "Western District. Rules 41 to 48, (354) to (361) DISCOVERY TT. S. DISTRICT COURT GEHTEItAX. EQUITY COURT RULES default in answering as to, Rule 18, (417) extent of. Rule 39, (438) special interrogatories necessary to obtain, iRule 40, (439); New Rule 58, (493a58) DISMISSAL U. S. DISTRICT COURT LOCAL EANICKTIPTCT COURT RULES application for. of proceedings, Rule 8. (200) form and contents of petition of application of, in voluntary and involuntary cases. Rule 8(a), (200) order may be entered upon filing of petition for. Rule 8(b), (200) DISMISSAL OF CASE U. S. COURT OF APPEALS COURT RULES appellee may have, when. Rule 16 sec. I, (615) defendant's, when called for trial, Rule 22 sec. 1, (621) failure of parties to appear acts as a. Rule 22 sec. 3, (621) plaintiff's, when called for trial, Rule 22 sec. 2, (621) practice in Rule 20, (619) DISTRICT COURT XT. S. DISTRICT COURT GENEEAL EQUITY COURT RULES additional rules by. New Rule 79, (493a79) hearings of. New Rule 6, (493a6) open always for certain purposes. New Rule 1, (493al) DISTRICTS DIFFERING U. S. DISTRICT COURT GEKESAL ORDERS IN BANKBUPTCY petitions in, Rule 6, (234) DIVIDENDS U. S. DISTRICT COURT LOCAL BANKBUPTCY COURT RULES final. Rule 17(a), (210) DIVORCE CASES MICHIGAN CIRCUIT COURT RULES XS EQUTTY affidavit of regularity as to. Rule 29(c), (145) default as to. Rule 29(d), (145) hearing of, Rule 29(d), (145) practice peculiar to. Rule 29, (145) reference of, to commissioners. Rule 29(b), (145) requirements in bill in, Rule 29(a), (145) DOCKET U. S. DISTRICT COURT GENERAL ORDERS IN BANK- RUPTCY arrangement of. Rule 1, (229) clerk shall keep a. Rule 1, (229) contents of. Rule 1, (229) entry of address of counselor on, Rule 4, (232) inspection of. Rule 1, (229) DOC MICHIGAN RULE BOOK. 460 References are to rule and parenthetical number DOCKET XT. S. DISTRICT COURT GElOiBAIi EQUITY COURT RULES entry of suits in, iRule 16, (415); New Rule 3. (493a3) orders in, New (Rule 4, (493a4) master's report as to, New Rule 66, (493a66) DOCKET U. S. COURT OF AFFEAIiS COURT RULES clerk shall enter up a, all cases, Rule 17, (616) duty of appellant to, the case, Rule 16 sec. 1, (615) DOCKET U. S. SUPKEIUDB COURT RUL.EiS call of, Rule 20, (656) day-call of, Rule 2(1 sec. 4, (657) DOCKETING CASE IT. S. COURT OP APFEAIiS COURT RULES appelle may have. Rule 16 sec. 1, (615) DOCKETING CASE IT. S. STTPBEME COURT RULES duty of, by defendant, Rule 9 sec. 2, (645) plaintiff. Rule 9 sec. 1, (645) DOCUMENTS TJ. S, DISTRICT COURT COMmOir LAW COURT RULES genuineness of, when to be taken as admitted, "Western District, Rule 23, (336) indorsing of. Eastern District, Rule 8, (274) DOCUMENTS U. S. DISTRICT COURT GENEKAX EQUITY COURT RULES admission of, New Rule 58, (49i3a58) execution of. New Rule 58, (49i3'a5'8) inspection and production of. New iRule 58, (493a58) identification of, New Rule 61,(4i93a61) master may use. New Rule 61. (493a61);New Rule 64, (4i93a64) production of, New Rule 62, (493a62) DOWER jyaCHIGAlT PKOBATE COURT RULES assignment of, Rule 10, (163) proceedings in, Rule 8, C161) report of commissioners in, Rule 8, (161) EATON COUNTY IiOCAI, CIRCUIT COURT RULES, (681) EMMBT COUNTY I.OCAIi CIRCUIT COURT RULES, (709) EMPLOYER'S LIABILITY ACT rules of, (192a), (192i) ENGLISH FORMS OF DECLARATIONS U. S. DISTRICT COURT I.OCAI. COM3EON LAW COURT RULES adoption of, Eastern District, Rule 16, (282) ENTITLING PAPERS MICHIGAIT CIRCUIT COURT RULES AT LAW practice on, Rule 3'7, (94) ENTITLING PAPERS imCHIGAIf CIRCUIT COURT RULES IH EQUITY practice on, Rule 15(a), (131) EQUITY COURT RULES MICHIGAN CIRCUITS, (117) EIQUITY OOURA RULES U. S. GENEIRAL, (400) Local, (378) New Court, (493al) EQUITY U. S. DISTRICT COURT GEITEKAL ORDERS IN BAinC- RUPTCY proceedings in, governed by rules of equity, Rule 37, (265) EQUITY U. S. DISTRICT COURT GEITERAL EQUITY COURT RULES action at law erroneously begun in, New Rule 22, (493a22) 461 INDEX. EXA References are to rule and parenthetical number EQUITY DOCKET U. S. DISTRICT COURT GENXH-AI. EQXTITT COURT RULES entries in, Rule 18, (417); New Rule 3, (493a3) EQUITY JOURNAL IT. S. DISTRICT COURT GEITESAI. EQUITT COURT RULES clerk's duties regarding, New Rule 3, (493a3) ERROR see ASSIGNMENT OF ERROR or WRIT OF ERROR ERROR XT. S. DISTRICT COURT GEITBBAIi EQUITY COURT RULES assignment of, New Rule 5, (493a5) defect in proceedings as to. New Rule 19, (493al9) ERROR TJ. S. StTFBEME COURT RULES assignment of, Rule 21 sec. 4, (657) specification of. Rule 21 sec. 2, (075) ESTATE U. S. DISTRICT COURT I.OCAI. BANKRUFTCT COURT RULES closing of the, Rule 17(a), (210) ESTATE OF DECEDENT U. S. DISTRICT COURT OENEBAJb EQUITY COURT RULES accounting as to, Rule 73. (472); New Rule 45, (493a45) ESTATES IVQCHI&AN PROBATE COURT RULES partition and dower. Rule 8, (161) EVIDENCE MICHIGA17 CIRCUIT COURT RULES AT I.AW commencement of, by plaintiff, Rule 24(b), (81) EVIDENCE U. S. DISTRICT COURT GENEBAI. EQUITY COURT RULES admissibility of, :Rules 67 and 81, (466) and (480); New Rule 46, (493a46) answers to interrogatories. Rules 41, 42 and 43, (440'>, (441) and (442); New Rule 58, (493a58) examiner's returned to the court. Rules 66 and 67, (465) and (466) New Rules 49 and 51, (493a49) and (493a51) master directs his, Rule 80, (479); New Rule 62, (493a62) omission of, from bill. New Rule 25, (493a2'5) patent and trade-mark cases. New Rule 48, (493a48) record as to. New Rule 75, (493a75) rulings on objections to. New Rule 46, (493a46) EVIDENCE U. S. COURT OF AFPEAX.S COURT RUIiES models, diagrams and exhibits of material as, Rule 34, (633) EVIDENCE U. S. INTERSTATE COMMERCE COMMISSION RULES copies of documents. Rule 13, (636al3) EVIDENCE U. S. COMMERCE COURT RULES admission of. Rule 4, ((j:;Gl)4) EVIDENCE U. S. SUPREME COURT RULES objection to, in the record, Rule 13, (649) taking of, in admiralty, Rule 12 sec. 2, (643) taking of new. Rule 12 sec. 1, (648) EXAMINERS U. S. DISTRICT COURT GENERAI. EQUITY COURT RULES attendance of witnesses before, Rule 67. (466); New Rule 52, (493a52) duties of. Rule 67, (466); 57, (493a57) evidence taken before. Rule 67, (466); New Rule 49. (493a49) notice to be given by. Rule 67. (466); New Rule 53, (493a53> powerless as to relevancy or competency of questions. Rule 67, (466) New Rule 51, (493a51) refusal to testify before. Rule 67, (466) stenographers employed by, Rule 67, (466) EXA • MICHIGAN RULE BOOK. 462 References are to rule and parenthetical number EXAMINERS — Continued testimony before, Rule 67, (466); New Rule 4-9, (493a49) time withiin which testimony is to be taken before, Rules 67, 69, (466), (468) EXCEPTIONS MICHIGAN CIRCUIT COURT RULES AT LAW findings of court as to, Rule 26(c), (83) practice on settlement of. Rule 47, (104) EXCEPTIONS MICHIGAN CIRCUIT COURT RULES IN EQUITY abolishment of, as to answers. Rule 10(f), (126) reports of commissioners, Rules 19(b), (c), (135) EXCEPTIONS 1J. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES proceedings on, Rule 30, (570) EXCEPTIONS TO BAIL tJ. S. DISTRICT COURT I.OCAX COM- MON LAW COURT RULES notice of, how served. Eastern District, Rule 2, (268) EXCEPTIONS V. S. DISTRICT COURT GXINEBAI^ EQUITY COURT RULES abolishment of, New Rule 33, (493a33) making, to answer for inf;ufficiency, Rules 61, 62, 63, 64, 65: (460) (461). (462), (463), (464) scandalous and impertinent matter, Rules 26, 27, (425), (426) master's report, Rules 83 and 84, (482) and (483); New Rules 66 and 67, (493a66) and (493a67) EXCEPTIONS U. S. DISTRICT COURT IiOCAJI^ ASMIRAIVT7 COURT RULES mode of taking. Rule 16, (510) EXCEPTIONS U. S. SUPZCEME COURT RULES bill of, Rule 4. (640) EXECUTION OF WRITTEN INSTRUMENT MICHIGAN CIRCUIT COURT RULES AT I.AW admission of, Rule 8, (65) filing and service of affidavit denying. Rule 8, (65) EXECUTIONS U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES proceedings under. Eastern District, Rule 40, (306) return day of, Eastern District, Rule 58, (371) EXECUTION U. S. DISTRICT COURT GENESAL EQUITY COURT RULES collection of deficiency by, on foreclosure, Rule 92, (491) provisions as to. New Rules 8 and 58, (493a8) and (493a58) EXECUTORS MICHIGAN PROBATE COURT RULES appointment of. Rule 4, (157) EXEMPTION U. S. DISTRICT COURT GENERAL ADMIRALTY COURT RULES reason for. Rule 56, (596) EXHIBITS U. S. SUPREME COURT RULES models, drawings and materials as. Rule 3'3, (669) EXHIBITS OF MATERIAL U. S. COURT OF APPEALS COURT RULES notification of counsel as to, in cases of failure to do so, Rule 34 sec. 2, (633) placing of. Rule 34 sec. 1, (633) EXPENSES U. S. DISTRICT COURT GENERAL ORDERS IN BANKRUPTCY indemnification of clerk, marshal or referee by bankrupt for, Rule 10, (238) 463 INDEX. FIF References are to rule and parenthetical number EXTENSIONS OF TIME MICIEIGAll- CIRCUIT COURT RULES iwr EQirmr pleading as to, Rule 6, (122) EXTENSIONS OF TIME MTCHIGAN SAXCROAJ) COMMISSION RULES granting of, Rule 9, (179) FACTS U. S. DISTRICT COURT aSITBSAI^ EQUITY COURT RULES insufficiency of, New Rule 29, (■493a29) master's report as to, New Rule 61, (493a61) material, as to supplemental pleading, New Rule 34, (493a34) statement of. New Rule 25, (493a25) iFAILURE OF CONSIDERATION MICHIGAZr CIRCUIT COURT RULES AT IiAW defense of, to be specially pleaded. Rule 7(b), (c), (64) FEES MICHiaAK' CIRCUIT COURT RULES HT EQUITY register may tax his. Rule 23, (139) solicitors' fees taxable. Rule 22, (138) FEES U. S. DISTRICT COURT XiOCAIi BAI91C»UPTCY COURT RULES deposit of. with clerk. Rule 3(b), (195) schedule of referee's. Rule 29, (222) FEES U. S. DISTRICT COURT GEITEIBAI. ORDERS IN BAlfTK- BUPTCY clerk's, not to be paid before filing petition, Rule 35 sec. 4, (263) referee's, not to be paid before filing petition. Rule 35 sec. 4, (263) trustees, not to be paid before filing petition, Rule 35 sec. 4, (263) FEES U. S. DISTRICT COURT ImOCAJm COMMON LAW COURT RULES advance, to be paid clerk, "Western District, Rule 2, (315) clerk for putting case on calendar. Western District, Rule 56, (369) stenographer, to be taxable costs. Eastern District, Rule 37, (303); Western District, Rule 57, (370) FEES U. S. DISTRICT COURT GENEKAI. EQUITY COURT RULES stenographer. New Rule 50, (493aoO) FEES U. S. DISTRICT COURT I^OCAIi ADMraALTY COURT RULES advance, of clerk to be paid by party commencing suit. Western District, Rule 11, (505) custodian's. Rule 26, (520) FEES U. S. COURT OF AFPEAI^S COURT RULES clerk's, in removal cases. Rule 31 sec. 6, (630) disposition of. Rule 36, (635) FEES U. S. COMMERCE COURT RULES table of. Rule 3, (636b3) FEES U. S, SUFSEME COURT RULES attachment for. Rule 10 sec. 8, (646) security for. Rule 10 sec. 1, (646) table of clerk's. Rule 24 sec. 7, (660) FIERI FAri.\S U. S. DISTRICT COURT GENEBAI. ADMIBAI.TY COURT RULES libellant shall have a writ of execution in nature of, Rule 21, (561) FIFTEENTH-DAY MICHIGAN INDUSTBIAi ACCIDENT BOARD RULES disability lasting longer than. Rule 3, (192c) FIN MICHIGAN RULE BOOK. 464 References are to rule and parenthetical number FINAL, DECREE MICSIGAir CIRCUIT COURT RULES IN EQUITY appeal from, Rule 37, (153) proceedings after, Rule 37, (153) FINAL DECREE V. S. DISTRICT COURT I.OCAZ^ ASMIBAIiTY COURT RULES proceedings after, when stayed, Western District, Rule 30, (523) FINAL ORDER ^SICMZGAXr CIRCUIT COURT RULES IN EQUITY appeal from, Rule 37, (153) proceedings after, Rule 37, (153) FINAL PROCESS U. S. DISTRICT COURT aENEKAX. ASIKIBAI^- TY COURT RULES libellant shall have writ of execution in. Rule 21, (561) FINAL REPORT SnCEIGAN INSUSTIRIAI. ACCIDENT BOARD RULES construction of, Rule 9, (192i) termination of disability, Rule 8, (192ih) FINAL REPORT U. S. DISTRICT COURT IiOCAX BANKRUPTCY COURT RULES " trustee shall file with referee a, Rule 17(a), (210) FINAL SETTLEMENT MICHIGAN FBOBATE COURT RULES certificate of enrollment in, Rule 17, (170) FILES MICHIGAN SUPREME COURT RULES removable of, Rule 1, (1) FILES AND RECORDS MICHIGAN PROBATE COURT RULES withdrawal of, Rule 16, (169) FINES U. S. DISTRICT COURT I.OCAI. AI>MIRAI.TY COURT RULES book of, Rule 41, (536) remission of, Rule 32, (526) FINDINGS MICHIGAN RAHdROAS COMMISSION COURT RULES filing of. Rule 14, (184) FINDINGS U. S. DISTRICT COURT GENERAl. ORDERS IN BANKRUPTCY filing of, both facts and law, Rule 36 sec. 3, (264) FORFEITURES U. S. DISTRICT COURT I.OCAX. ADMIRAIiTY COURT RULES remission of. Rule 32, (526) FORMA PAUPERIS U. S. DISTRICT COURT I.OCAI^ BANKRUPT- CY COURT RULES petition in, Rule 4, (196) FORMS U. S. DISTRICT COURT GENERAL ORDERS IN BANK- RUPTCY observance of, Rule 38, (264) FORECLOSURE BILLS U. S. DISTRICT COURT I.OCAI. EQUITY COURT RULES contents of, Rule 5, (382) [FORECLOSURE CASES BUCHIGAN CIRCUIT (COURT RULES IN EQUITY affidavit of regularity to be filed in, Rule 28(d), (144) allegations as to subsequent purchasers, etc, In, Rule 28(a), (144) disposal of surplus moneys from sale in, Rule 28(f), (144) forty-two days' notice of sale necessary in. Rule 28(f), (144) notice of sale in, may be published when. Rule 28(e), (144) order of reference to commissioner in, Rule 28(b), (144) practice as to, Rule 28, (144) 465 INDEX, GUA References are to rule and parenthetical number FORECI>OSURB CASES XT. S. DISTRICT COURT GENEBAX. EQUITY COURT RULES deficiency in. Rule 92, (491); New Rule 10, (493al0) FRAUD MICSIGAIT CIRCUIT COURT RULES AT I^AW defense of, to be specially pleaded. Rule 7(b), (c), (64) GARNISHFE TT. S. DISTRICT COURT I.OCAI. ADMTBALTY COURT RULES answers by, Rule 15, (509) return by. Rule 14, (508) GARiNISHKKS V. S. DISTRICT COURT GENEBAI. ADMXBAIiTY COURT RULES answers by. Rule 37, (577) GENERAL ISSUE MICHIGAN CIRCUIT COURT RULES AT IiAW affirmative defenses under the. Rule 7(b), (64) contents of. Rule 7(a), (64) defense as to discharge under the, Rule 7(b), (64) failure of consideration under tlif». Rule 7(b), (64) fraud under the, Rule 7(b), (64) insurance policies under the, Rule 7(d), (64) license under the, Rule 7(b), (64) payment under the. Rule 7(b), (64) release under the. Rule 7(b), (64) satisfaction under the. Rule 7(b), (64) written instrument set forth in declaration under the, Rule 7(c), (64) special defense under the, Rule 7(b), (64) statement of fact in notice added to plea is an admission under the, Rule 7(e), (6f) GENERAL ISSTTR TT. S. DISTRICT COURT I.OCAX. COMMON I^AW COURT RULES made, how. Eastern District, Rule 21, (287) notice under plea, Eastern District, Rule 17, (283) plea of, when to be verified. Eastern District, Rule 28, (294) GENERAL ISSUE TJ. S. DISTRICT COURT IiOCAIi AI>MrBAI.rr COURT RULES pleading the, in seizure cases. Rule 30, (524) GENERAL ORDERS BANKRUPTCY, (229) GENERAL SESSIOiN MICHIGAN BAXEiBOAS COMMISSION RULES place of holding of, capital. Rule 1, (171) GENESEE COUNTY lOCAI, CIBCTTIT COURT RULES, (683) GENUINENESS OF DOCUMENTS MICHIGAN CIRCUIT COURT RULES AT I.AW admission as to, Rule 23, (SO) gladwin county i.ocai. circcjit court rules, (710) gogebic county locai. circuit court tlur.es, (70s) Grand traverse county x.ocai. cikcuit court rules (689) GRATIOT COUNTY I.OCAX. CIKCUIT COURT RULES, (705) GUARDIAN U. S. DISTRICT COURT GENEBAL EQUITY COURT RULES ad litem. Rule 87, (486); New Rule 70, (493a70) party. New Rule 37, (49'3a37> GUARDIAN AD LITEM 3VIICHIGAN CIRCUIT COURT RULES IN EQUITY security by. Rule 33, (149) GUARDIAN AD LITEM MICHIGAN PROBATE COURT RULES appointment of. Rule 12, (165) GUA MICHIGAN RULE BOOK. 466 References are to rule and parenthetical numiber GUARDIANS MICSZGAIT FROBATE COURT RULES application and liearing on petition for appointment of. Rnlc 5 sec 2, (158) appointment of. Rule 5 sec. 1, sec. 2, (158) contents of petition for appointment of, for incompetent persons. Rule 5, sec. 1, (158) proceeding in appointment of, Rule 5 sec. 1, sec. 2, (158) GUARDIANSHIP ACCOUNTS LUCHIGAN PROBATE COURT RULES examination of. Rule 11, sec. 3, (164) form of, Rule 11 sec. 1, (164) notice of hearing on, Rule 11 sec. 2, (164) settlement of, Rule 11, (164) HABEAS CORPT'S TT. S. DISTRICT COURT GEKTEKAI. ORDERS IN BANKBTTPTCY imprisoned debtors released by. Rule 30, (258) HABEAS CORPUS TT. S. COURT OP APFBAXS COURT iRULES custody of prisoner on. Rule 33, (6320 HABEAS CORPUS V. S. SUPREME COURT RULES custody of prisoners on. Rule 34, (670) HEARING michigah- raii;roaj> commission rules assignment of time and place for, by commission. Rule 11, (181) proceeding in, Rule 11, (181) HEARING TT. p. DISTRICT COURT I.OCAI. BAN-KRUPTCY COURT RULES time and place of. Rule 9, (201) HEARTNr: TJ. S. DISTRICT COURT I.OCAI. EQTJITY COURT RULES general rule for. Rule 20, (397) notice of, Rule 18, (395) HEARING v. S. DISTRICT COURT GENERAX EQUITY COURT RULES exceptions to report of master, New Rule 66, (493a66) final, as to points of law, New Rule 29, (493a29) interlocutory motions, New Rule 6, (493a6) merits, as to interlocutory motions, New Rule 1, (493al) HEARING U. S. COURT OP APPEAX.S COURT RUL.E& case call for, two calehdar sessions. Rule 17, (616) causes shall stand for, when. Rule 22 sec. 4, (621) continuance of, on motion for cause shown, Rule 3 sec. 4, (602) counsel will not be granted a, when there is no assignment of error, Rule 24 sec. 4, (623) filing of brief as to, Rule 3 sec. 4, (602) stipulation for continuance of. Rule 3 sec. 4, (602) HEARINGS U. S. IMTTERSTATE COMMERCE COMMISSION RULES time and place of, Rule 10, (636al0) HIGH COURT OP CHANCERY IN ENGLAND U. S. DISTRICT COURT GENERAI^ EQUITY COURT RULES practice of, Rule 90, (489) HILLSDALE COUNTY IiOCAI. CIRCUIT COURT RULES, (677) HOLIDAYS U. S. DISTRICT COURT GENERAI. EQUITY COURT RULES computation of time as to. New Rule 80, (493a80) 467 INDEX. INS References are to rule and parenthetical number HOUGHTON COUNTY I.OCAI; CrBCTJIT COURT RULES, (688) HURON COUNTY IiOCAI. CIBCUIT COURT RTT^RS, (700) HYPOTHECATION U. S. DISTRICT COURT GENHRAX. ASMTBAI.- TY COURT RULES suits apainst the ship or freight founded upon maritime, Rule 17. (557) IMPERTINENT MATTER U. S. DISTRICT COURT OESTIIRAI^ EQUITY COURT RULES expunging- of. Rule 26, (425); New Rule 21, (493a21) IMPRISONED DEBTOR U. S, DISTRICT COURT GENEBAX. OR- DERS IN BANKBUTTCY production or discliarge of. Rule 30, (258) INCOMPETENT PERSON SHCHIO-AK FBOBATB COURT RULES appointment of guardians for. Rule 5 sec. 2, (158) INCOMPETENT PERSONS IT. S. DISTRICT COURT GBNBBAI. EQUITY COURT RULES guardianship as to. Rule 25, (424) INDUSTRIAL ACCIDENT BOARD RULES (192a) INFANCY V. 8. DISTRICT COURT GEZTEBAX. EQUITY COURT RULES guardian ad litem for. Rule 87. (486): New Rule 70, (493a70) naming of, defendants in prayer for process. Rule 25, (424) prochein ami. New Rule 70, (493a70) INFORMATION XT. S. DISTRICT COURT IiOCAIi AOSUBAIiTY COURT RULES filing of, when. Rule 36, (531) INFORM.\TION U. S. INTERSTATE COIVEMEBCE COIVCIVIISSION RULES parties may secure. Rule 20, (636a20) INJUNCTION U. S. DISTRICT COURT GEITEBAI. EQUITY COURT RULES asking for. in bill. Rule 21, (420) granting of, when. Rule 55, (454) pending of, In appeal. Rule 93. (492); New Rule 74, (493a74) preliminary, New Rule 7^3, (493a73)) repetition for request of, in prayer for process. Rule 23, (422) specific performance, Npw Rule 8, (493aS) suspension or modification of, on appeal, Rule 93, (492) time of continuance of, Rule 55, (454) INGHAM COUNTY I.OCAI. CIBCUIT COURT RULES, (706) INQUEST MICHIGAN CIRCUIT COURT RULES AT I.AW notice of, on bills and notes. Rule 14(a), (71) notice of, on disputed accounts. Rule 14(b), (71) INQUEST U. S. DISTRICT COURT I.OCAX. COHOION ItAlT?- COURT RULES aflSdavits of merits. Eastern District, Rule 34, (300) notice of, how made. Eastern District, Rule 34, (300) taken, when. Eastern Distrirt. Kul*' ;;4, (300) INSANE PERSONS MICBIOAN FBOBATE COURT RULES appointment of guardians for, Rule 5 sec. 2, (158) INSURANCE POLICIES U. S. DISTRICT COURT I.OCAI^ COSOCON I^'W COURT RULES declared on. Eastern District, Rule 17, (283); Western District, Rule 5, (318) IN MICHIGAN RULE BOOK. 468 References are to rule and parenthetical number INTEREST Xr. S. COURT OF APFKAXiS COURT RULES dajnages and, allowed in admiralty when, Rule 30 sec. 5, 2 and 4. (629) judgments, when to bear, Rule 30 sec. 1, (62i9) rule of, applicable to equity, Rule 30 sec. 1, (62'9) INTEREST V. S. SUPREME COURT RULES act of March 3, 1S91, as to. Rule 39, (674) calculation of. Rule 23 sec. 1, (659) damagels as. Rule 23 sec. 2, (659) decrees, judgments for the payment of money shall bear. Rule as (659) INTERLOCUTORY ORDERS V. S. DISTRICT COURT GEKEKAI^ EQUITY COURT RULEiS making of, by judge, when and where. Rule 3, (402); New Rule 1, (497al) INTERLOCUTORY ORDERS U. S. COURT QP APPEAI^S COURT RULES appeals from. Rule 13 sec. 2, (612) INTERPRETATION U. S. DISTRICT COURT I.OCAI. BAITS- (BUPTCY COURT RULES cases not covered by rules, under what, Rule 35(b), (228) manner of, of rules. Rule 35(a), (228) INTERROGATORIES U. S. DISTRICT COURT I^OCAIi COMMON I.AW COURT RULES settlement of, Eastern District, Rule 32, (298); Western District, Rule 54, (367) INTERROGATORIES U. S. DISTRICT COURT GENEBAI^ EQUITY COURT RULES commission upon. Rule 67, (466) division and number of, Rule 41, (440) examiner practice as to, New Rule 52, (493a52) form of. Rule 71, (470); New Rule 58, (49'3a58) master to examine on, Rule 81, (480); New Rules 52, 63 and 65, (493a52), (493a63) and (493a65) necessity of answering Rule 44, (443); New Rule 58, (493a58) notice to file cross — , Rule 67, (466) office copy of, to contain what. Rule 41, (440) specifications when to be answered, (Rule 41, (440); New Rule 58, (493a58) words preceding the. Rule 43, (442) INTERROGATORIES U. S. DISTRICT COURT ItOCAI^ ABMXBAI^- TY COURT RULES answer to. Rule 13, (500) INTERROGATORIES U. S. DISTRICT COURT GEKEKAi; AD- MIBAIiTY COURT RULES answers to, Rule 32, (572) dispense with, when, Rule 33, (573) incriminating. Rule 31, (571) INTERVENORS U. S. DISTRICT COURT GEITERAI. AI>IkIIRAI.TY COURT RULES stipulations given by. Rule 34, (574) INTERSTATE COMMERCE COMMISSION U. S. COMMERCE COURT RULES appearance of counsel. Rule 5, (636b5) INTERSTATE COMMERCE COMMISSION RULES, (636al) INVENTORY avaCKlGAir PROBATE COURT RULES preparation and filing of. Rule 1, (154) 469 INDEX. JUD References are to rule and parenthetical number INVENTORY XT. S. DISTRICT COURT I.OCAI. BANKBUPTCY COURT RULES filing of, by trustees, Rule 26, (219) receiver's duty. Rule 25(a), (218) INVOLUNTARY BANKRT'rTr>' XT. S. DISTRICT COURT GEW- ERAI. ORDERS IN BANKRXJPTCY schedule in, Rule 9, (237) INVOLUNTARY PETITION XT. S. DISTRICT COURT I.OCAI. BANKB-UPTCY COURT RULES filing- of, issuance of subpoena by clerk. Rule 5(a'), (197) proceedings on default in, Rule 5(b), (197) IONIA COUNTY I.OCAI. CIBCUIT COURT RULES, (684) IOSCO COUNTY LOCAI, CIBCUIT COURT RULES, (699) IRON COUNTY I.OCAI. CIBCXTIT COURT RULES, (701) ISABELLA COUNTY I.OCAX. CIBCXnT COURT RULES, (69 7) ISSUE ailCHIGAK CIRCUIT COURT RULES IW EQUITY cause at, when. Rule 13, (129) filing of plea, demurrer, etc., brings cause at. Rule 13(a), (129) notice that such cause Is at. Rule 14(a), (130) proceedings after cause Is at. Rule 14, (130"5 ISSUE T/LLCWLOAXr BA1X.BOAD COlSOIISSIOir RULES joining of, Rule 11, (181) ISSUE U. S. DISTRICT COURT I.OCAX COMMOIT LAW COURT RULES contents of. Eastern District, Rule 32, (298) note of, when to be filed. Eastern District, Rule 32, (29'8) ISSUE U. S. DISTRICT COURT GENEBAI, EQUITY COURT RULES cause at, when. Rule G6, NfiS): New Rule 31. (•193a31) JACKSON COUNTY I^OCAX. CIBCUIT COURT RULES, (680) JOINDFR IN DT^MT-R"VR TT. S. DISTRICT COURT IcOCAL COM- MON I.AW COURT RULES form of. Eastern District. Rule 21, (287); Western District, Rule 7 (320) JOINING ISSUE TVCCCBriGAlT CIRCUIT COURT RULES AT LAW pleading facts arising subsequent to. Rule 9, (66) JOINT AND .cwT-T^AT, OBTTOFF^ U. S. DISTRICT COL^RT GEW- EBAL EQUITY COURT RULES parties to. Rule ,"1. (450); New Rule 42. (493a42") JUDGE MICHIGAN CIRCUIT COURT RULES AT LAW call In another, Rule 59, (116) JUDGF TT. S. DISTRICT COURT LOCA£ BAITiCBUPTCY COURT RULES application for dismissal made to. Rule S(c). (200'> hearing of question certified by referee by. Rule 11, (203) JUDGE U. S. DISTRICT COURT GENlilBAL ORDERS IN" SAHTR BUPTCY application for discharge decided by. Rule 12 sec. 3, (240) appointment of trustee sub.iect to approval of. Rule 13. (241) approval of a composition made by. Rule 13 sec. 3. (240) injunction to stay proceedings decided bv. Rule 12 sec. 3„ (240) removal of trustee only by, Rule 13, (242) review by. Rule 27, (245) JUDGE U. S. DISTRICT COURT GEKEEAL EQUITY COURT RULES orders by, in chambers, Rule 3. (402); New Rule 3. (493a3) notice as to interlocutory orders. New Rule 6, (493a6) verification of pleadings before, New Rule 36, (493a3G) JUD MICHIGAN RULE BOOK. 470 References are to rule and parenthetical number JUDGMENT MICHriOAir CIRCUIT COURT RULES AT LAW demand for. Rule 17, (74) JUDGMENT V. S. DISTRICT COURT I.OCAI. COIVIMOIT LAW COURT RULES appearance bail. Eastern District, Rules 11 and 12, (277), (27S); Western District, Rules 51 and 52, (36.4), (365) arrest of, motion, Eastern District, Rule 39, (305) default, Eastern District, Rule 25, (291) inquest of damages, Western District, Rule 16, (329) motion in arrest of. Eastern District, Rule 39, (305) plea withdrawn, Eastern District, Rule 26, (292) special bail, Eastern District, Rule 13, (279) surety for costs. Eastern District, Rule 4, (2<70); Western District, Rule 2, (315) JUDGMENT U. S. CUSTOMS APPEALS COURT RULES reversal or modification of, Rule 11, (636cll) JURATS V. S. DISTRICT COURT LOCAL COIffUON LAW COURT RULES verified, how. Eastern District, Rule 43, (309); Western District, Rule 59, (372) JURISDICTION U. S. DISTRICT COURT LOCAL C01VIM0I!r LAW COURT RULES removal of causes, "Western District, Rule 61, (374) JURISDICTION -O". S. DISTRICT COURT CIINEBAL EQTTIT-r COURT RULES omission of parties not within. Rules 22, 47, (421), (446) statement in the bill, New Ruie 2'5, (493a25) JURISDICTION U. S. SWUE^OE COURT RULES cases involving circuit court, Rule 32, (668) JURORS U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES drawing of. Eastern District, Rule 42, (308); Western District, Rule 64, (377) selection of. Eastern District, Rule 41, (307); Western District, Rule 63, (376) JURY MICHTGABT CIRCUIT COURT RULES AT LAW demand for. Rule 17, (74) JURY U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES reference to, Eastern District, Rule 26, (292) JURY V. S. DISTRICT COURT LOCAL ADMIRALTY COURT RULES trials by. Rule 22, (516) JURY TRIAL XJ. S. DISTRICT COURT LOCAL BANKRUPTCY COURT RULES proceedings of, exception, Rule 7(b), (199) JUSTICE COURT RULES Detroit, (679) Grand Rapids, (693) JUSTIFICATION U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES sureties on bail bond. Eastern District, Rule 10, (276) KALAMAZOO COUNTY LOCAL CIRCUIT COURT RULES, (685) KALKASKA COUNTY LOCAL CIRCUIT COURT RULES, (704) KENT COUNTY LOCAL CIRCUIT COURT RULES, (693) KEWEENAW COUNTY LOCAL CIRCUIT COURT RULES, (688) LAKE COUNTY LOCAL CIRCUIT COURT RULES, (6i95) LAPEER COUNTY LOCAL CIRCUIT COURT RULES, (682) 471 INDEX. MAN References are to rule and parenthetical number LACHES ir. S. DISTRICT COURT I.OCAI. BANKKUPTCY COURT practice in case of. Rule 33(a), (225) referee may certify facts to court in case of, when, Rule 32(b), (225) LAW TT. S. DISTRICT COURT GENERAI. EQUITY COURT RULES disposition of, New Rule 29, (493a20> matters determinable at, when arising in suits in equity, New Rule 23, (493a23) LAW LIBRARY TJ. S. STJPHEME COURT RULES mode of obtaining books from, Rule 7 sec. 1, T643) clerk to deposit records in, Rule 7 sec. 2, (643) LAW RULES MICHIGAlfl CIRCUIT COURT RULES, (58) applicability of, to chancery cases, Rule 15, (131) LEELANAU COUNTY I.OCAX CUtCUIT COURT RULES, (689) LENAWEE COUNTY I.OCAI. CiaCUIT COURT RULES, (715) LETVY UNDER EXECUTION TJ. S. I>ISTRICT COURT I.OCAI. COMlVIOir LAW COURT RULES practice on. Eastern District, Rule 40, (306) LIBEL XJ. S. DISTRICT COURT I.OCAX. ADMIKAI.TT COURT RULES answers to. Rule 18, (512) copies of. Rule 17, (511) exceptions to. Rule 18, (512) verification of a, when, Rule 8, (501) LIBEL XJ. S. DISTRICT COURT GENEKAI. ADMIEAI.TY COURT RULES amendment of. Rule 24, (564) contents of. Rule 22, (562); Rule 54, (594) filing of, Rule 57, (597) form of a. Rule 23, (563) proceedings on a cross — , Rule 53, (593) proceedings to, ship. Rule 54, (594) LIBRARY V. S. STXFKEIKCE COURT RULES conference room in, Rule 7 sec. 3, (643) LICENSE IVQCHIGAK CIRCUIT COURT RULES AT I»A.W defense of, must be specially pleaded. Rule 7(b), (64) LrVINGSTON COUNTY I.OCAI. CUtCUIT COURT RULES, (711) LOCAL BANKRUPTCY Eastern District of Michigan, (193) LUCE COUNTY I.OCAX. CIKCUIT COURT RULES, (687) MACKINAC COUNTY LOC.VL CIRCUIT COURT RULES, (709) MACOMB COUNTY LOCAXi OXBCUIT COURT RULES, (692) MAIL U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES service of notices and papers by. Eastern District, Rule 10, (276) time to be increased when service by. Eastern District, Rule 40, (306) MANDAMUS MICEIGAN SUPREME COURT RULES answer to petition for. Rule 13, (13) certiorari to review oases of. Rule 12, (12) clerk fees in cases of. Rule 2, (2) proceedings on cases of. Rule 13, (13) printed briefs, Rule 56, (56) MANDAMUS PROCEEDINGS MICHIGA2I CIRCUIT COURT RULES AT LAW admission of material allegation in petition in. Rule 46(c), (103) hearing in. Rule 46(d), (103) jurisdiction in. Rule 46(a), (103) order to show cause in, made by court or judge. Rule 46(b'> tl03) MANDATE TJ. S. COURT OF APPEAL COURT RULES issuance of. Rule 32, (631) proceedings on, Rule 32, (631) MAN MICHIGAN RULE BOOK. 472 References are to rule and parenthetical nunruber MANDATE XT. S. CUSTOMS APPEALS COURT RULES issuance of, Rules 6 and 12, (636c6) and (636cl20 INLANDATES U. S. SUPKEME COURT RULES dismissal of, Rule 24, sec. 5, (G60) vacation. Rule 2'8, (664) issuance of, Rule 3'9, (675) MANISTEE COUNTY X.OCAX. CIH.CUIT COURT RULES, (695) MARINERS U. S. DISTRICT COURT GENEEAI. ADMIBAIiTY COURT RULES suits by. Rule 13, (553) MARQUETTE COUNTY I^OCAI^ CIRC17IT COURT RULES, (701) MARSHAL XT. S. DISTRICT COURT IiOCAIi COMMOII' I.AW COURT RULES appearance bail, when to be filed, Eastern District, Rule 10, (276) duties of. Eastern District, Rule 2, (268); Western District, Rules 63 and 64, (376), (377) execution against for costs. Eastern District, Rule 4, (270) MARSHAL U. S. COURT OP APPEAIi COURT RULES duties of. Rule 6 sec. 2, (605) MASON COUNTY IiOCAI. CIRCUIT COURT RULES, (695) MASTER TT. S. DISTRICT COURT GEHEISAL EQUITY COURT RULES accounting before. Rule 79, (478); New ,Rule 63, (4'93a63) appointment and compensation, 82, (481); New Rule 68, (49i3a6S) cost on exceptions. Rule 84, (483); New iRule 67, (4'93a67) duties of, on reference. Rule 75, (474); New Rule 60, (593a60) estates accounting, Rule 73, (472) evidence before. Rules 80 and 81, (479) and (480); New Rule 65, (493a65) exceptions to report of. Rule 83, (482),; New Rule 66, (493a66) powers of, iRule 77, (476); New Rule 62, (493aG2) proceedings before, Rules 73 and 77, (472) and (476); New Rules 60 and 62. (493a60) and (493a62) references to, when. Rule 74, (473); New Rule 59, (493a5S) report of, Rule 76, (475); New Rule 61, (493a61) witnesses compelled to attend. Rule 78, (477); New Rule 61, (493a61) MASTERS ANT3 EXAMINERS TJ. S. DISTRICT COURT I.OCA]I^ EQUITY COURT RULES duties of, Rule 12, (389) right of, to use all documents. Rule SO. (476) MATERIAL MEN U. S. DISTRICT COURT GEZTEUAI^ AHlVnKA]^- TTT COURT RULES suits by. Rule 12, (552) MECOSTA COUNTY IiOCAX. CIRCUIT COURT RUDEiS, (703) MENOMINEE COUNTY I.OCAI. CIRCUIT COURT RULES, (701) MESNE PROCESS U. S. DISTRICT COURT I^OCAIi ADBHRAIiTY CKDURT RULES citation, when. Rule 2, (495) MESNE PROCESS U. S. DISTRICT COURT GE2TERAI. ADMISAIi- TY COURT RUDBS issuance of. Rule 1, (541) MERITS U. S. DISTRICT COURT LOCAL COIVCRXON LA^W COURT RULES affidavit of, Western District, Rule 17, (3(30) MICHIGAN CIRCUIT COURT RULES AT LAW, (5'8) MICHIGAN CIRCUIT COURT RULES IKT EQUITY, (117) MICHIGAN INDUSTRIAL ACCIDENT BOARD RULES, (192a) MICHIGAN PROBATE COURT RULES, (154) 473 INDEX. MOT References are to rule and parenthetical number MICHIGAN RAILROAD COMMISSION RULES, (171) MICHIGAN SUPREME COURT RULES. (1) MIDLAND COUNTY I.OCAX. CIKCUIT COURT RULES, (697) MINORS MICHIGAN PE.OBATE COURT RULES appointment of .coiardians IDi-, Rule 5 .'-ec. 1, (15S) MISNOMKR MICHIGAN CrBCUIT COURT RULES AT LAW abatement to be pleaded in cases of. Rule 6(b), (63) MISSAUKEE COUNTY I.OCAI. CIBC"DriT COURT RULES, (704) MODELS TJ. S. COURT OF APPEALS COURT RULES failure to exhibit, notification of counsel, Rule 34 sec. 2, (633) placing of. Rule 34 sec. 1, (633) MONEY XT. S. DISTRICT COURT GENSKAL ORDERS IN BAITK- RUPTCY payment of, deposited, Rule 29, (257) MONEY U. S. DISTRICT COURT GEITEKAL ADMIKALTT COURT RULES depositing of. Rule 42, (582) MONITIONS TJ. S. DISTRICT COURT GENERAL A331tIIItALT-? COURT RULES third persons. Rule 8, (548) MONROE COUNTY LOCAL CIRCTJIT COURT RULES, (714) MONTCALM COUNTY LOCAL CrBCTTIT COURT RULES, (684) MONTMORENCY COUNTY LOCAL CIRCUIT COURT RULES, (702) MOTION DAY TX. S. DISTRICT COURT GENERAL EQUrrST COURT RULES establishment of regular. Rule 6, (40r,); New Rule 6, (493a6) MOTION FOR CONTINUANCE MICHIGAN CIRCUIT COURT RULES AT LAW hearing of, Rule 22(a), (79) payment of costs upon granting of. Rule 22(c), (79) service of notice for, Rule 22(b), (79) MOTIONS MICHIGAN SUPREME COURT RULES * arguments of. Rule 27, (27) briefs on. Rule 30, (30) clerk's fees on. Rule 2, (2) cost on denial of. Rule 51. (51) counsel fees on, Rule 49, (49) docket for. Rule 31, (31) rehearing, Rule .'il, (5J) MOTIONS MICHIGAN PROBATE COURT RULES filing of. Rule 1, (154) preparation of. Rule 1, (154) MOTIONS XT. S. DISTRICT COURT LOCAL BANKRUPTCT COURT RULES notice and hearing of, -when. Rule 34, (227) MOTIONS TJ. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES argument of, Eastern District, Rule 7, (273); Western District, Rule 19. (332) arrest of judgment. Eastern District, Rule 39, (305) continuance excepted. Eastern District, Rule 7, (2'73); Western District, Rule 22, (335) continuance, what to contain. Eastern District, Rule 35, (301) denial of. Eastprn District. Rule 35. (301) making of, Rule 35, (301) filing and writing of. Eastern District, Rule 7, (273) MOT MICHIGAN RULE BOOK. 474 References are to rule and parenthetical number MOTIONS — Con'tlnued indorsement of, Eastern District, Rule 7, (2i73) judgment against surety for costs, Eastern District, Rule 4, (270) new trial, statement of, Eastern District, Rule 38, (304) making of, when, Eastern District, Rule 38, (304); Western Dis- trict, Rule 21, (334) notice of. Eastern District, Rule 4, (270); Western District, Rule 19, (332) judgment upon appearance bail, Eastern District, Rule 12, (278) service of. Eastern District, Rule 7, (273) judgment upon special bail. Eastern District, Rule 13, (279) stay of proceedings on. Western District, Rule 20, (333) two days' notice of argument required. Eastern District, Rule 7, (273) MOTIONS TJ. S. DISTRICT COURT I.OCAI. EQUITY COURT RULES notice of, Rule 17, (394) MOTIONS U. S. DISTRICT COURT GEITERAI. EQUIT-Z- COURT RULES amend bill, Rule 29, (i2'8); New Rule 28. (493a2«) courts always open for making interlocutory. Rule 1,(400) entry of, in order book. Rule 4, (403) ex parte, when no appearance, iRule 6, (405); New Rule 5, (593a5) granting of. Rule 2, (401) injunctions. Rule 55, (454); New Rule 73, (493a73) notice of, at chambers, Rule 3, (402); New Rule 1, (493al) order book entry. Rules 4 and 6, (403) and (405); New Rules 3 and 4, (493a3) and (493a4) power of judge to rescind or suspend. Rule 5, (404) proceedings when grantable of course. Rule 5, (404); New Rules 2 and 5, (493a2) and 493a5) requirement of notice, Rule 6. (405); New Rule 6, (493a6) lime Jo answer. Rule 19, (418): New Rule 16. (4'93al6) ungrantable of course. iRule 6, (105); New Rule 6, (49^3a6) vacation, iRule 55, (454); New Rule 1. (4i93al) MOTIONS U. S. COURT OF AFFEAIiS COURT RULES contents of, as well as itself, must be in writing. Rule 21 sec. 1, (620) dismissal of. Rule 21 sec. 3, (620) time allowed for argument of. Rule 21 sec. 2, 0620) written, and their contents. Rule 21 sec. 1, (620) MOTIONS IT. S. COMMEECE COURT RULES reduction to writing. Rule 6, (636b6) time shortened for hearing, Rule 6, (636b6) MOTIONS XT. S. SUPREME COURT RULES advancement of cases involving jurisdiction of circuit court by, Rul» 32, (668) adjudication of. Rule 2>6 sec. 4, (362) criminal cases by. Rule 26 sec. 3, (662) revenue cases by. Rule 26 sec. 5, (662) affidavits must support, as to notice and service of briefs. Rule 6 sec. 4, (642) affirmation of, ROle 6 sec. 5, (642') contents of. Rule 6 sec. 1, (642) dismissal of. Rule 6 sec. 4, (642) form of, to be in writing, Rule 6 sec. 1, (642) Monday shall be motion day, Rule 6 sec. 6, (642) notic- of, Rule 6 '^(Hs. 3 and 4. (^642) submission of, Rule 6 sec. 4, (642) time allowed for argument. Rule 6 sec. 2, (642) MOTIONS AND PETITIONS MICHIGAIT CIRCUIT COURT RULES AT I,A.W contents of. Rule 19(a), (76) continuance of. Rule 19(c), (7'6) day when, to be argued. Rule 19(c), (76) notice of the arguments of. Rule 19(b), (76) number of counsel to argue in cases of. Rule 19(d), (76) written in form must be. Rule 19(a), (76) 475 INDEX. NOT References are to rule and parenthetical number MOTIONS TO DISMISS JJ. 8. INTERSTATE COMMEBCU COM- MISSION RULES hearing of, Rule 5, (636a5) MOTIONS TO DISMISS IT. S. COSfCMESCZ: COURT RULES jurisdiction and insufficiency, Rule 7, (636b7) petitions and answers, Rule 7, (■t',:;6a7) MUSKEGON COUNTY I.OCAI. CIBCTXIT COURT RULES, (690) NB BXJ'iAT REGNO MICKIGA2I SUPHEME COURT RULES Tvrit of. Rule 21, (21) NEfWAYGO COUNTY IiOCAXi CrRCXTIT COURT RULES, (703) N^EW TRIAL MICHIGAN CIRCUIT COURT RULES AT LAW contents of motion for. Rule 21, (78) either party may bring on hearing on motion for, Rule 21, (78) motions for. Rule 21, (78) service of motion for, Rule 21, (78) NE:W trial XT. S. DISTRICT COURT IiOCAIi COIOION LAW COURT RULES motion for, what to contain. Eastern District, Rule 38, (304); West- ern District, Rule 21, (334) NOMINAL PARTIES U. S. DISTRICT COURT GENEBAI. EQUITY COURT RULES answer unnecessary as to, when. Rule 54, (453) practice as to, New Rule 40, (493a40) NON-APPEARANCE U. S. DISTRICT COURT LOCAL ADMISAL- TSr COURT RULES dismissal of. Rule 25, (519) NON-JOINDER V. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES amendment upon pleas in abolisliment of. Eastern District, Rule 18, (284) NON-RESIT >KXTS MIC3IIGAN CIRCUIT COURT RULES IN EQUITY security for costs by. Rule 3, (120) NON-RESIDENT SOLICITORS U. S. DISTRICT COURT LOCAL EQUITY COURT RULES service on. Rule 13, (390) NON-SUIT MICHIGAN CIRCUIT COURT RULES AT LAW submission to a. Rule 24(d), (81) NON-SIUT U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULEIS judgment of, upon failure to furnish bill of particulars. Eastern Dis- trict, Rule 23, (289); Rule 24, (290) NOTARY PUBLIC U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES administration of oaths. Eastern District, Rule 43, (309) seal of. Eastern District, Rule 43, (309); Western District, Rule 59, (372) District, Rule 59, (372) NOTES OF ARGUMENT MICHIGAN SUPREME COURT RULES filing of, with clerk when, Rule 44, (44) NOTES OF ISSUE MICHIGAN CIRCUIT COURT RULES AT LAW filing of. Rule 14(a), (71) NOTES OF ISSUE U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES contents of. Eastern District, Rule 32, (298) filing of. Eastern District, Rule 32, (298); Western District, Rule 8, (321) NOT MICHIGAN RULE BOOK. 476 References are to rule and parenthetical number NOTICE MICHIGAM- SXtTUHTlXIl COURT RULES arguments, Rule S4, (34) motions, Rule 2S, (28); Rule 44, (44) service of, authorized by mail, Rule 23, (23) service of. Rules 21-26, (21)-(26) taxation of costs, Rule 50, (50) NOTICE U. S. DISTRICT COURT LOCAI. BANKRUPTCY COURT RULES attorney must be given application for receiver by intervening cred- itors, Rule 24(d), (217) clerk may give. Rule 8(c), (200) contents of, for application for receiver. Rule 24(b), (217) attorney's appearance upon hearing petition for receiver, Rule 24(c), (217) order to show cause in composition cases. Rule 12a (f), (205) hearing motion on, when. Rule 34, (22 7) referee may give, Rule 8(c), (200) trustee shall give, of time and place of sales. Rule 27 (c), (220) NOTICE XT. S. DISTRICT COURT I.OCAX. COMMON lAW COURT RULES appearance of defendant, Eastern District, Rules 14 and 15, (280), (281) election to amend vipon plea in abatement of non-joinder, Eastern District, Rule 18, (284) exception to bail, how served. Eastern District, Rule 2, (268) filing of declaration, Eastern District, Rule 18, (284) general issue. Eastern District, Rule 17. (283) hearing of, on demurrer. Eastern District. Rule 7, (273) hearing of. Western District, Rule 19, (332) inquest. Eastern District, Rule 34, (300); Western District, Rule 7, (320) inquest of damaeres, bill of particulars to be served. Western District, Rule 16, (329) judgment against appearance bail. Eastern District, Rule 12, (278) special bail. Eastern Distr-ict. Rule 13, (279') motion, when to be given, Elastern District, Rule 7, (273); Western District, Rule 19, (332) removal cases, Eastern District, Rule 31, (2i97) service by mail of. Eastern District, Rule 2, (268) attorney. Eastern District, Rule 2, (268) party who has not appeared. Eastern District, Rule 2, (268) defendant in custody. Eastern District, Rule 2, (268) trial and proceedings thereon, Eastern District, Rule 31, (297); West- ern District, Rule 15, (328) writing of. Eastern District, Rule 2, (268) NOTICE V. S. DISTRICT COURT X.OCAI; ASMISAI.T7 COURT RULES attachement in personam, iRule 5, (498) form of. Rule 6, (499) publication of. Eastern District, Rule 24, (518); Western District, Rule 25, (518) requirement of, of hearing of suits in rem, Western District, Rule 4, (497) sale. Rule 23, (517) time of, if hearing to be published, Rule 4, (497) NOTICE IT. S. DISTRICT COURT GUNERAI^ EQUIT-ST COURT RULES commissioner may take testimony after, Rule 68, (467); New Rule 52, (493a52) de bene esse. Rule 70, (469) entry in order book sufficient, Rule 4, (403); New Rule 4, (493a4) injunction require^, Rule 55, (454); New Rule 8. (493a8) interlocutory orders a<= to. Rule i^. (404); Neov Rule 1, (493al) ■'■'codings, Rule 75, 474; New Rule 53, (49.3'a53) motions to amend answer, Rule 60, (459); New Rule 30, (493a30) bill, Rule 29, f428); New iRule 7, (493a7) chamber hearings, Rule 3, (402); New Rule 1, (493al) 477 INDEX. NOT References are to rule and parenthetical nunuber NOTICE — Continued personal, Rule 4, (403) solicitors Instead of parties. Rule 4, (403); New Rule 60, (493a60) lie commissioners, iRule 68, (467); New Rule 53, (493a53) id, M examiners. Rule 67, (466); New Rule 53, (49'3a53) masters, Rule 75, (474); New Rule 53, (4<»3a53) de bene esse, iRule 70, (469); New Rule 6, (493a6) publication of, Rule 69, (468); New Rule 55, (493a55) time of. Rule 4, (403) vacation hearings, Rule 3, (402); New Rialle 1, (493al) NOTICE IN XATi'RE OP DEMURRER UICSIGAir KAHiSOAD COMMISSION RULES practice in relation to. Rule 5, (175) NOTICE IN N'ATURE OF DEMURRER V. S. INTERSTATE COM- MENCE COMMISSION RULES regulation regarding. Rule 5, (636a5) NOTICT^ OV \PPEARANCE MICHIOAN CIRCUIT COURT RULES AT I.AW filing a copy of, Rule 2(b), (59) service of. Rule 2(b), (59) NOTICE OF APPEARANCE MICHIGAN CIRCUIT COURT RULES IN EQUITY effect and time of service of, Rule 5(a), (121) form of. Rule 5(b), (121) NOTICE OF ARGUMENTS MICHIGAN SUPBEME COURT RULES time of giving. Rule 34, (34) NOTICE OF EXCEPTIONS TT. S. DISTRICT COURT I.OCAIi COMMON I.AW COURT RULES service how made. Eastern District, Rule 2, (286) NOTICE OF INQUEST MICHIGAN CIRCUIT COURT RULES AT proceedings on, Rule 14, (71) NOTICE OF MOTIONS DIICHIGAN SUPBEME COURT RULES service of. Rule 28, (28) NOTICE OF MOTION OF CONTINUANCE MICHIGAN STJ7REME COURT RULES filing of, Rule 44, (44) NOTICE OF RETAINER MICHIGAN CIRCUIT COURT RULES AT LAW filing a copy of, with clerk. Rule 2(b), (59) service of. Rule 2(b), (59) NOTICE OF TAXATION OF COSTS MICHIGAN SUFBEMB COURT RULES service of. Rule 50, (50) NOTICE OF TRIAL MICHIGAN CIRCUIT COURT RULES AT compulsion of party to proceed after. Rule 13(c), (70) countermand of. Rule 13(b), (70) either party may give. Rule 13(a), (70) NOTICE OF TRIAL MICHIGAN CIRCUIT COURT RULES IN EQUITY service of, after testimony before commissioner, Rule 14(h) (130) cases where complainant takes no testimony. Rule 14 (i), (130) cause to be heard in open court. Rule 14(b), (130) NOTICE OF TRIAL V. S. DISTRICT COURT IiOCAI^ COMMON lAW COURT RULES countermand of. Western District, Rule 15, (328) OAK MICHIGAN RULE BOOK. 478 References are to rule and parenthetical num/ber OAKLAND COUNTT I.OCAI. CIRCTXIT COURT RULES, (682) RULES OATH TJ. S. DISTRICT COURT I.OCAI. EQUITY COURT RULES waiver of, Rule 14, (391) administration of. Rule 3, (380) OATH V. a. DISTRICT COURT OEITESAI. EQUITY COURT RULES affirmation in lieu of, Rule 91, (490); New Rule 78, (493a7S) answer under. Rule 59, (4i5S); New Rule f.S, (493a5S) interrogatories to be signed under. New Rule 58, (4'93a5S) petition for re-hearing under. New Rule 69, (493a69) stockholder's bill under. New Rule 27, (4i93a27) special relief by plaintiff under. New Rule 2i5, (493a25) OATH OF OFFICE U. S. DISTRICT COURT I.OCAX. COlVtMQlf IiA-W COURT RULES attorneys and counselors. Eastern District, Rule 1, (267) OATHS AND AFFIDAVITS U. S. DISTRICT COURT IiOCAIi COmMON LAW COURT RULES taken before wliom. Eastern District, Rule 43, (309); Western Dis- trict, Rule 59, (372) OBJECTTOX<^ TO DT^IPO^TTTONS U. S. DISTRICT COURT I.OCAIi COMMON I.AW COURT RULES time of making. Eastern District, Rule 3i0', (2'96) OCEANA COUNTY I.OCAX. CIRCUIT COURT RULES, (690) OFFICER V. S. DISTRICT COURT I.OCAI; COSXMOIT LAW COURT RULES administration of oaths by what. Eastern District, Rule 43, (309) service of papers on, Eastern District, Rule 2, (268) OFFICERS U. S. DISTRICT COURT 6ENESAI. EQUITY COURT RULES pleadings verified by. Rule 59, (458); New Rule 36. (493a36) official newlspapeirs u. s. district court i.ocai1 bah-ekuftcy court rules designation of, Rule 15, (208) OFFICIAL NEW;SPAPERS U. S. DISTRICT COURT I.OCAI^ AB- MTKAT.TY COURT RULES publication of, in newspapers, Rule 24, (511) OGEMAW COUNTY I.OCAI. CIRCUIT COURT RULES, (710) ONTONAGON COUNTY I.OCAI. CIRCUIT COURT RULES, (708) OPEN COURT MICHiaAN CIRCUIT COURT RULES IN EQUITY election to have testimony taken in. Rule 14(b), (130) OPENING AND CLOSING MICHIGAN CIRCUIT COURT RULES AT I^AW defendant, when to have. Rule 24(c), (81) OPINIONS U. S. COUiRT OF APPEALS COURT RULES printing of. Rule 28 sec. 2, (627) delivery of, to clerk. Rule 28 sec. 1, (627) ORDER BOOK U. S. DISTRICT COURT OENERAI. EQUITY COURT RULES appearances to be entered in, Rule 17, (416); New Rule 3, (493a3) clerk to keep. Rule 4, C403); New Rule 3, (493a3) entry in, of objection of defect of parties, Rule 52; (451); New Rule 43, (4'93.a43) entry of orders in. Rule 4, (403); New Rule 3, (4'93a3) not notice to parties. New Rule 4, (49i3a4) ORDER FOR TSRT^\NPE OF STOCK, ETC. MICHIGAN BAtL- ROAJ> COMMISSION RULES contents of, Rule 22, (192) 479 INDEX. OT References are to rule and parenthetical number ORDERS MICHIOAIT CIRCUIT COURT RULES AT LAW common, book, Rule 11(a), (68) entries mado to the lerord of all, Rule 11(c), (68) filing of. Rule 11(b), (68) judge shall sign all, made at chambers. Rule 11(c), (68) making of special rule. Rule 11(c), (68) practice in default. Rule 12, (69) signing of chamber. Rule 11(c), (68) ORDERS MZCHIGAir CIRCUIT COURT RULES IN EQTTITT chamber, how made. Rule 15 (a), (131) commissioneis' reports, ICiilc lii(b), (135) ORDERS MICHiaAir FBOBATE COURT RULES practice in relation to, Rule 17, (170) ORDERS MICHIQAN BATCAOAD COMMISSION RULES compliance with the, of commission. Rule 18, (188) ORDERS BANKRUPTCY. U. S. GENERAL, (229) ORDERS TT. S. DISTRICT COURT 0Z:N1:BAI. ORDERS IN BANK- RUPT CT contents of, Rule 23, (251) service of. Rule 4, (232) ORDERS XT. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES general and special, Western District, Rule 13, (326) OiRDERS U. S. DISTRICT COURT GENBBAI. EQUITY COURT RULES bill to bft taken pro confesso, New Rule 16, (493al6) correction of clerical error. New Rule 72, (493a72) • court always open for making interlocutory. Rule 1, (400)- New Rule 1, (4-93al) . v "^. equity docket, not notice, New Rule 4, (493a4) entry of, in order book. Rule 3, (402); New Rule 3, (493a3) granting of, by clerk, Rul/; 2. (401); New Rule 2, (493.a2) injunctions etc.. New Rule 73, (493a73) mailing without notice by clerk. New Rule 4, (493a4) n.ature of. New Rule 4, (4'93a4) notice of interlocutory, New Rule 6, (493a6) .persons, not parties, enforcement of. New Rule 11, (493all) pleadings not recited in. New Rule 71, (493a71) process compelling obedience. New Rule 7, (493a7) specific performance as to. New Rule 8. (493aS) suspension of injunction pending appeal. New Rule 74, (493a74) writ of assistance on refusing to obey. New Rule 9, (493a9) ORDERS U. S. INTERSTATE COMMERCE COMMISSION RULES compliance with. Rule IS. ((i.'lt'ialS) ORIGINAL "WRITS MICHIGAN CIRCUIT COURT RULES AT LAW alias or a pluries writ as, when issued. Rule 1(b), (58) time of issuance of. Rule 1(a), (58) contents of. Rule 1(a), (58) returnable of, Rule 1(a), (58) actions commenced by capias ad respondendum. Rule 1(f), (58) attachment suits. Rule 1(e), (58) action of replevin, Rule 1(d), (58) ORIGINAL WRITS U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES Teturn day of. Eastern District, Rule 9, (275) suits commenced by, when to file declaration, Eastern District, Rule 15, (281) OSCEOLA COUNTY LOCAL CIRCUIT COURT RULES, (695) OSCODA COUNTY LOCAL CIRCUIT COURT RULES, (699) OTSEGO COUNTY LOCAL CrBCXJIT COURT RULES, (710) OTTAWA COUNTY LOCAL CIBC17IT COURT RUX,ES, (696) PAP MICHIGAN RULE BOOK. 480 References are to rule and parenthetical number PAPERS MXCHiaAN CIRCUIT COURT RUKES AT I^AW entitling of, Rule 37, (94) PAPERS SOCHIGAK PBOBATE COURT RULES personal service of. Rule 14, (167) preparation and filing of. Rule 1, (154) PAPERS IT. S. DISTRICT COURT GElTIillAI^ ORDERS IN BAZTX. BUPTCT indorsement of. bv nlerk, iRule 2, (230) filing of. Rule 2, (230) attorney's, Rule 4, (232) reference, having been made. Rule 20, (248) PAPERS U. S. DISTRICT COURT I.OCAI. COlOaON LAW COURT RULES genuineness of, when taken to be admitted, Eastern District, Rule 23, (2-89) indorsement of, Eastern District, Rule 8, (274); Western District, Rule 35, (348) inspection of. Eastern District, Rule 8, (274) legibility of. Eastern District, Rule 8, (274) obtained how. Eastern District, Rule 8, (274) production of, how compelled, Western District, Rules 41 to 48. (354) to (361) removal of, from clerk's ofl!ice, Eastern District, Rule 8, (274) removal on court's order, Eastern District, Rule 8, (274) service by mail of. Eastern District, Rule 2, (268) making of, how. Eastern District, Rule 8, (274) defendant who has not appeared. Eastern District, Rule 2, (268) PAPERS XT. S. DISTRICT COURT LOCAIi EQUITY COURT RULES manner of serving, on solicitors. Western District, Rule 13, (390) PAPEIrS U. S. DISTRICT COURT GENJinAI. EQUITY COURT RULES clerk to enter in the equity docket. New Rule 3, (4i93a3) production of, when. New Rule 62, (493a62) PAPERS U. S. DISTRICT COURT LOCAL ADliXXRALTY COURT RULES legibility of. Rule 7, (500) removal of, prohibited. Rule 42, (538) PAPERS U. S. COURT OP APPEALS COURT RULES inspection of, by court, Rule 14 sec. 4, (6il3) PAPERS U. S. IWTEaSTATE COMME3?lCE COMMISSION RULES parties may obtain, Rule 17, (636al7) P_APERS U. S. SUPREIUE COURT RULES removal of original from court room or clerk's office not allowed, Rule 1 sec. 2, (63?); Rule 8 sec. 4, (644) PARTIES aUCHIGAIT SUPREME COURT RULES designation of, Rule 3, (3) PARTIES lOICHIGAN CIRCUIT COURT RULES AT LAW production of papers by. Rules 50 to 57, (107) to (114) testimony of. Rule 25, (82) PARTIES mnCHIGAlT KAILBOAE COlVOiIISSIOir RULES any person, firm, corporation, &c, may be, Rule 2, (172) information to. Rule 19, (189) persons, who are, defendant. Rule 2, (172) PARTIES U. S. DISTRICT COURT LOCAL COSOdOlT LAW COURT RULES agreement of, to be in writing. Eastern District, Rule 3, (269) plea of non-joinder, how brought in. Eastern District, Rule 18, (284) service of papers on. Eastern District, Rule 2, (268); Western Dis- trict, Rule 30, (343) exceptional cases, Western District, Rule 31, (344) contempt or imprisonment cases, Western District, Rule 32, (345) testifying of. Western District, Rule 35, (338) 481 INDEX. PEU References are to rule and parenthetical numben PARTIES V. S. DISTRICT COURT GHHTE-RAl. EQUITT COURT RULES absence of persons who would be proper, Rule 47, (416); New Rule 39, (493a39) accounts of, before master. Rule 79, (478); New Rule 63, (493a63) clerk's duties as to, Rule 41, (440); New Rule 58, (4;)3a58) cestui que trust representered as, by trustee, when. Rule, (448) unnecessary when, Rule 49, (448) death of, or revivor. Rule 56, (455); New Rule 45, (493a44) defect of, resisting objection. Rule 52, (451); New Rule 43, (493a43) exception to master's report. Rule 79, (478); New Rule 66, (493a66) heirs at law as. Rule 50. (449); New Rule 41, (493a41) intervention of. Rule 47, (446); New Rule 37, (493a37) joint and several demands, Rule 51, (450); New Rule 42, (493a42) master examines, Rule 79, (478); New Rule 62, (493a62) master, Rule 75, (474); New Rule 60, (460) nominal, Rule 54, (453); New Rule 40, (493a40) notice of injunction for. Rule 55, (454); New Rule 73, (493a73) omission of, from bill, Rules 22, 47, 48; (421), (446), (447) persons who must be. New Rule 37, (493a37) process as to persons not, Rule 10, (409); New Rule 11, (493all) representatives of a class. Rule 4S. C44 7); Ne^' Rule 38, (493a38) rights and duties of persons not, Rule 10, (409) absent, not prejudiced, Rules 47, 48, 53; (446), (417), (452) takini,' testimony. Rule 07. (ICR); New Rule 53. (■493a53) tardy objection. Rule 53, (452); New Rule 44, (493a44) verification of petition for re-hearing of. Rule 88, (487); New Rule 69, (493a69) PARTIES U. S. COURT OF APFEAXiS COURT RULES failure of, to be ready. Rule 22 sec. 1, (621) non-appearance of, dismisses case, Rule 22 sec. 3, (62) PARTIES TT. S. INTEiRSTATE COlMagCBBCi: COMMISSION RULES persons who may be, Rule 2, (636a2) PARTIES U. S. COMMERCZ: COURT RULES persons who may be. Rule 8, (636bS) PARTIES U. S. SUFBEMi: COURT RULES death of. Rule 15, (651) non-appearance for, Rule 18. (654) PARTITION mCHIGAK PBOBATE COURT RULES proceedings in, Rule S, (161) report of commissioners in, Rule 8, (161) PARTNERSHIP TT. S. DISTRICT COURT GENBBAI. ORDERS IN BAlTKBTTFTCSr filing of schedule of debts In proceedings in. Rule S. (236) method of procedure of refusing partner in proceedings in, Rule 8, (236) proceedings in. Rule 8, (236) proof of debt due a, Rule 21 sec. 1, (249) refusal of partner to join in proceedings in, Rule 8, (236) PARTNERSHIP TT. S. DISTRICT COURT Z^OCAI^ COUnUOIT LAW COURT RULES proof of. Eastern District, Rule 27, (293); Western District, Rule 5, (318) PAYMENT SSZCHIGAir CIRCUIT COURT RULES AT LAW cost, how made, after suit brought. Rule 42, (99) countermand as to enforce. Rule 13(b), (70) proving documents as to enforce. Rule 23. (80) defense of, to be specially pleaded. Rule 7(b'). (c), (64) enforcement of, as to costs of continuance. Rule 22(c), (79) PENALTIES TT. S. DISTRICT COURT LOCAL ADMIBALTZ- COURT RULES v^'-o-u 2^saj.»Ai^x^ remission of. Rule 32, (526) PER MICHIGAN RULE BOOK. 482 References are to rule and parenthetical number PERSONAL PROPERTY SHCHIGAIT PSOBATE COURT RULES sale of, Rule 7, (160) PEiRSONAit TJ, S. DISTRICT COURT I.OCAI. ADMHtALTY COURT RULES attachment in cases in, Rule %, (4&5) libellant may proceed against master or owner alone in, Rule 17, (557) notice of attachment in, Rule 5, (498) stipulations in, Rule 25, (565) suits, wliere the claim is for liquidated damages. Western District, Rule 2, (495) PERSONAM XT. S. DISTRICT COURT GEBTESAI. ADMI3SAI.TY COURT RULES suits in, Rule 2, (542) PERSONS MICHIGAN- FSOBATE COURT RULES accusation of, if any. Rule 41(a), (537) citation of, Rule 13, (166) PERSONS U. S. DISTRICT COURT I.OCAI. ADMIBAI.TY COURT RULES accusation of, of any crime, Rule 41(a), (537) PERSONS U. S. DISTRICT COURT GEKEKAI. EQUITY COURT RULES absence of, New Rule 39, (493a39) appointment of, to serve process, Rule 15, (414); New Rule 15, (493al5) joint, as parties. New Rule 37, (493a37) incompetent, practice as to, New Rule 30, (493a30) master may examine. New Rule 65, (493a65) omission of, to make proper parties. New Rule 25, (493a25) process as to, not a party. New Rule 11, (493all) PETITION MICHIGAN PSOBATE COURT RULES contents of. Rule 3, (156) filing of. Rule 1, (154) preparation of. Rule 1, (154) verification of. Rule 3, (156) PETITION MICHIGAN XtAIXuBOAB COMMISSION RULES address of petitioner must appear on. Rule 3, (173) contents of. Rule 3, (173) copies of. Rule 3, (173) filing of an answer to, not an admission of sufficiency. Rule 5, (175) names of all parties complained against must be stated in, Rule 3, (173) service of. Rule 3, (173) PETITION FOR ISSUANCE OP STOCK, ETC. MICHIGAN BAH.- stOAS cojvimission rules contents of. Rule 21, (191) PETITIONS U. S. DISTRICT COURT I.0CAI. BANKRUPTCY COURT RULES clerk's office. Rule 3(a), (195) contents of. Rule 1(a), (193) co-partnership. Rule 1(b), (193) filing of, typewritten or printed, on white paper. Rule 1(c), (193) voluntary, in triplicate. Rule 3(c), (195) re-examination of claims upon. Rule 32(c), (225) PETITIONS U. S. DISTRICT COURT GENERAI. ORDERS IN BANKEUPTCY alterations and interlineations in, forbidden, Rule 5, (233) amendments of, Rule 11, (2.'59) filing of. in different districts. Rule 6, (234) frame of, Rule 5, (233) printing of, Rule 7, (235) 483 INDEX. PLE References are to rule and parenthetical number PETITIONS XT. S. DISTRICT COURT IiOCAI. COMMON LAW COURT RULES argument of. Western District, Rule 19, (3>32) PETITIONS IT. S. DISTRICT COURT OEITOEAI. ADMIRALTY COURT RULES filing of. Rule 57, (597) PILOTAGE U. S. DISTRICT COURT OUNJilLAI, ADMZ&AI.TY COURT RULES suits for, Rule 14, (554) PLAINTIFF U. S. SUPSEME COURT RULE'S non-appearance of, Rule 16, (652) PLEADING MICaiGAK SITPBIIMZ: COURT RULES filing of, when, Rule 18, (18) PLEADING MICHIGAN CIRCUIT COURT RULES AT LAW subsequent to pica, Rule 2(e), (59) PLEADINGS MICHIGAN RAXLSOAS COMMISSION COURT RULES (manner and style of preparing. Rule 16, (186) PLEADINGS TT. S. DISTRICT COURT I.OCAJ. BANKUTTPTCY COURT RULES conformity of, _in involuntary cases, Rule 7(a), (199) indorsement of, Rule 1(c), (193) PLEADINGS U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES amendment of, Eastern District, Rule 18, (284) plea of abatement. Eastern District, Rule 18, (284) copies of, to be served. Eastern District, Rule 15, (281); Western Dis- trict, Rule 4, (3il7) English forms of, how far adopted. Eastern District, Rule 16, (282) time and manner of. Eastern District, Rule 15, (281); Western Dis- trict, Rule 4, (317) PLEADINGS V. S. DISTRICT COURT GIINXKAX EQUITY COURT RULES alterations in, transfer to action at law. New Rule 22, (493a22) amendments to, New iRule 19, (493al9) bill as of course. New Rule 28, (493a2S) court always open for filing. Rule 1, (400): New Rule 1, (493al) decree not to recite. Rule 86, (485); New Rule 71, (493a71) demurrers abolished. New Rule 29, (493a29) motions grant as of course. New Rule 5, (493a5) solicitor signs the. Rule 24, (423); New Rule 24, (493a24) substitution of parties. New Rule 45, (493a45") verification of, by wliom. New Rule 36, (493a."i6) PLEADINGS U. S. DISTRICT COURT GENESAI. ASMTBAXTY COURT RULES exceptions to. Rule 36, (576) PLEADINGS V. S. INTERSTATE COMMERCE COMMISSION RULES restrictions regarding. Rule 16, (636al6) PLEAS MICHIGi«N CIRrUTT COT'RT RT'LES AT LAW amendments may be made. Rule 10(c), (67) leave of court not given. Rule 10(b), (67) indorsement of amended. Rule 10(d), (67> rule to amend, not required. Rule 10(d), (67) PLEAS MICHIGAN CIRCUIT COURT RULES IN EQUITY allowance of. Rule S(e), (124) defendant's. Rule 8(b), (124) facts stated in. Rule 8(f), (124) filing of, Rule 8(a), (124) holding, not had, Rule 8(g)-(h), (124) PLE MICHIGAN RULE BOOK, 484 References are to rule and parenthetical number PLEAS — Continued practice on, Rule 8, (124) overruling of, Rule 8(d), (124) taking issue on, Rule 8(c), (124) PLEA V. S. DISTRICT COURT X.OCAI. COIklMON LAW COURT RULES abatement. Eastern District, Rule IS, (284); Western District, Rule 8, (321) amendment of. Eastern District, Rule 22, (288); Western District, Rule 12, (325) copy of, to be served on plaintiff, Eastern District, Rule 15, (281) plea, filing of, dilatory. Eastern District, Rule 20, (286) general issue. Eastern District, Rule 21, (287); Western District, Rule 9, (322) nature of, puis darrein continuance. Western District, Rule 11, (324) plaintiff not bound to accept after default. Eastern District, Rule 25, (291) rule for, not necessary. Eastern District, Rule 15, (2S1) time of verification of. Eastern District, Rule 28, (294) witlidrawn, judgment upon, Eastern District, Rule 26, (292) PLEAS V. S. DISTRICT COURT GSNESAI. EQUITY COURT RULES abolishment of. New Rule 29, (493a2>9) afladavit of defendant to accompany. Rule 31, (430) application for filing of. Rule 5, (404) argument as to. Rule 33, (432) availability of defenses by. Rule 39, (438) defendant, Rule 33, (432) certificate of counsel to accompany, Rule 31, (430) costs of, if allowed. Rule 35, (434) overruled, Rule 34, (433) defendant to answer. Rule 34, (43i3) failure to setting down, for argument, Rule 38, (437) filing of. Rule 18, (417) fortification of, by answer. Rule 32, (431) issue joined as to. Rule 33, (432) overruling of. Rules 36, 37, (435), (436) plaintiff's failure to reply to, Rule 38, (437) right to amend. Rule 35, (434) PLEAS IN ABATEMENT MICEIGAIT CIRCUIT COURT RULES AT LAW amendment of declaration under. Rule 6(c), (63) judgment and execution in. Rule 6(f), (63) proceedings in. Rule 6 (a, (63) remedy by, Rule 6(b), (63) service of new writ under, Rule 6(e), (63) time of service of, after service of declaration. Rule 2(d), (59) writ in nature of summons, when taken out under, Rule 6(d), (63) PLEAS IN BAR XT. S. DISTRICT COURT G-EITEEAI. EQUITY COURT RULES answer as. New Rule 29, (493a29) PLEA OR DEMURRER MICHIG-AIT CIRCUIT COURT RULES AT LAW time of service of, after service of declaration. Rule 2(d), (59) PLEAS PUIS DARREIN CONTINUANCE MICHIGAN CIRCUIT COURT RULES AT LAW filing of. Rule 9, (66) PLURIES WRIT amCSIG-AH CIRCUIT COURT RULES AT LAW issue of, Rule 1(a), (58) POLICIES OP INSURANCE IT. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES declaration upon. Eastern District, Rule 17, (317) 485 INDEX. PRO References are to rule and parenthetical nunvber PRACTICE U. S. COURT OF AFFEAI.S COURT RUIZES United States Supreme Court's shall be applicable, Rule 8, (607) PRACTICE U. S. SUPKEME COURT RUL.ES nature of. Rule 3, (639) PRESQUE ISLE COUNTY l^OCAI. CXBCXXIT COURT RULES, (702) PRINTED DOCKET TJ. S. COURT OF APPEALS COURT RULES clerk to make. Rule 3, (602) contents of, Rule 3, (602) PRINTING tr. S. DISTRICT COURT GENEBAI. ORDERS IN BAITKBUPTCY contract for. Rule 23, (241) PROBATE COURT RULES IN MICHIGAN, H :' O PROCEEDINGS U. S. DISTRICT COURT GENEBAIt ORDERS IN BANKRVPTCT appearance bv attorney to conduct. Rule 4, (232) conduct of. Rule 4, (232) parties to. Rule 4, (232) PROCEEDS TS. 8. DISTRICT COURT I.OCAX. ADIirBAI.TT COURT RULES distribution of. Rule 20, (,'514) PROCESS MICHIGAN STTPREnEE COURT RULES return day of final. Rule 52, (52) PROCESS MICHIGAIT CIRCLTIT COURT RULE'S AT I.AW attachment may issue to compel return of. Rule 43, (100) compelline: return of. Rule 43, (100) joint defendant's return. Rule 1(a) (58) sheriff serves original. Rule 1(a), (58) PROCESS MICH:IGAN CIRCUIT COURT RULES IN EQUITT day certain for return dav of, Rule 4(a), (120) service of. Rule 4(a), (120) PROCESS IT. S. DISTRICT COURT GENEEAI. ORDERS IN BANK- BTTPTCY issuance of. Rule 3, (231) PROCESS TJ. S. DISTRICT COURT I.OCAI. COIVOION I.A"W COURT RULES final, "Western District, Rule 58, (371) orisinal. Western District, Rule 3, (316) return of, compellable. Western District, Rule 40, (353) PROCESS U. S. DISTRICT COURT GENESAI. EQ UI T Y COURT RULES amendments to. New Rule 19, (493al9) application for granting. Rule 5. (404): New Rule 5. (493a5) court always open for issuance of. Rule 1, (400); New Rule 1 (493al) mesne and final. Rule 8, (407); New Rule 7, (493a7) persons not a party may enforce obedience to an order by, Rule 10, (409); New Rule 11. (493all) service of mesne and final. Rule 15, (414); Nerw Rule 15, (493al5) PROCESS 11. S. DISTRICT COURT I.OCAI. ADMIKALTY COURT RULES return day of. Rule 3, (496) service of, when, Rule 4, (497) PROCESS V. S. DISTRICT COURT GENEKAI. AD MIS A I. TY COURT RULES final. Rule 21, (561) PROCESS V. S. COURT OF APPEALS COURT RULES form of. Rule 9, (608) name of. Rule 9, (608) PRO MICHIGAN RULE BOOK. 486 References are to rule and parenthetical number PROCESS V. S. COMMEKCE COURT RULES filing of, Rule 9, (6;>Gb9> PROCESS TT. S. CVSTOIVIS APPEALS COURT RULES issuance of. Rule 3, (636c3) PROCESS XT. S. SUPKEME COURT RULES form of, Rule 5 sec. 1, (641) service of, Rule 5 sees. 2 and 3, (641) PROCHEIN AMI V. S. DISTRICT COURT G-ENEBAI. EOTJITY COURT RULES infant or incompetent person may sue, by, Rule 87, (486) PRO CONFESSO TJ. S. DISTRICT COURT I.OCAI. EQUITY COURT RULES decree, Rule 16, (393) PRO CONFESSO U. S. DISTRICT COURT G-ENEUAI. ADMIKALTY COURT RULES exception to be taken, Rule 30, (370) libel shall be taken when, against defendant. Rule 29, (569) PROCTOR U. S. DISTRICT COURT I.OCAI. AJJMMSAITY COURT RULES copies of answers and interrogatories served upon libellants. West- ern District, Rule 18, (511) liability of. Rule 11, (504) PRODUCTION OF BOOKS AND PAPERS U. S. DISTRICT COURT IiOCAI. COMMON IiAAV COURT RULES compulsion of. Western District, Rules 41 to 48, (354) to (361) PRODUCTION OF BOOKS AND PAPERS XT. S. DISTRICT COURT GEKERAI. EQUITY COURT RULES master may require, Rule 77, (476); New Rule 70, (493a70) PROHIBITION MICHIGAN- SUFKEXOE COURT RULES proceedings on, printed briefs. Rule 56, (56) PROHIBITION PROCEEDINGS MICHIGAN CIRCUIT COURT RULES AT IiA^W jurisdiction in. Rule 46(a), (103) PROOF U. S. DISTRICT COURT I.OCAI:. BANKRUPTCY COURT RULES further, upon review, Rule lO(ta), (202) PROPERTY U. S. DISTRICT COURT I.OCAI. BANKRUPTCY COURT RULES form of bond for reclamation of, in possession of trustee or re- ceiver. Rule 28, (221) practice as to reclamation of, in possession of bankrupt. Rule 28(b), (221) reclamation of, bond required, new sureties, when, Rule 28(c), (221) possession of bankrupt. Rule 28(a), (221) sale of, by trustee, Rule 27(a), (220) perishable, by trustee. Rule 27(b), (220) PROPERTY U. S. DISTRICT COURT GEITEiRAi:. ORDERS IN BANKRUPTCY redemption of. Rule 28, (256) sale of. Rule 18, (246) PROPERTY U. S. DISTRICT COURT GENERAIi ABMIRAXTY COURT RULES sale of, Rule 41, (581) PROSECUTION U. S. DISTRICT COURT GENERAL ADMIRALTY COURT RULES dismissal for want of. Rule 39, (579) 487 INDEX. REC References are to rule and parenthetical nun^ber PROSECT'TING ATTORNEY MXCHIOAU- CIRCUIT COURT RULES AT I.AW delivery of list of criminal cases tu clerk by. Rule 16(b), (73) PUBLIC SESSIONS MICHIOAN RAII.E.OA3J COMT-USSIOXT RULE place of holding, Rule 1, (171) PUBLICATION XT. S. DISTRICT COURT GENXItAI. EQUITT COURT RULES service by. Rule 13, (412) taking testimony by commission as to, Rule 69, (468) PUBLICATION U. S. DISTRICT COURT I.OCAI. ADSHHALTY COURT RULES depositions after filing. New Rule 55, (49i3a55) proof of, Rule 12, (515) QUO WARRANTO MICHIGAN SUPHEME COURT RULES proceedings on, Rules IS, 19, 20, (18), (19), (20) QUO WARRANTO SaCHIGAN CIRCUIT COURT RULES AT LAW practice on, Rule 46(e), (103) RAILROAD COMMISSION RULES FOR MICHIGAN, (171) REAL ESTATE SaCHIOAlT PROBATE COURT RULES reports of sale of. Rule 8, (161) RECEIVERS MICHIGAN CIRCUIT COURT RULES IN EQUITY duties of. Rule 31, (147) powers of, Rule 31, (147) practice as to, Rule 31, (147) RECEIVERS U. S. DISTRICT COURT LOCAI. EANKEirPTCY COURT RULE'S application for. Rule 24(a), (217) attorney shall be heard for or against petitions for, until his notice of appearance is filed. Rule 24(c), (217) employment by, without leave of court. Rule 25(bl, (218) duties of, to make inventory. Rule 25(a), (218) moneys deposited by, in designated depository. Rule 25(d), (218) notice for application for. Rule 24(b), (217) property cannot be sold by, without court's order, Rule 25(c), (218) RECEIVERS U. S. DISTRICT COURT I.OCAI. EQTJITT COURT RULES appointment of. in creditors' suits. Rule 8, (385) duties of. Rule 9, (386) order for. Rule 11, (388) RECORD MICHIGAN SUPREME COURT RULES copies of, to b(3 served on attorney general, in state cases. Rule 39. (39) costs as to prolixity of. Rule 37, (37) printed, taxable, Rule 48, (48) failure to serve. Rule 38, (38) index of, required. Rule 36, (36) printing of. Rule 38, (38) service of, Rule 38, (38) RECORD U. S. DISTRICT COURT IiOCAXi EQUITY COL'RT RULES printing of, Rule 19, (396) RECORD U. S. DISTRICT COURT GENESAI. EQUITY COURT RULES amendment of. New iRule 19, (493al9) appellant's statement part of. New Rule 75, (493a75) cost of. New Rule 76, (4 93a76) evidence stated in. New Rule 75. (493a75) reduction and preparation of, on appeal. New Rules 75 and 76 (493a75) and (4y3a76) statement agreed by parties becomes. New Rule 77, (493a77) REC MICHIGAN RULE BOOK. 488 References are to rule and parenthetical number RECORD U. S, COURT OP APFSAIiS COURT RULES arguments and briefs sliall conform to size of, Rule 26 sec. 2, (625) cases of admiralty and maritime jurisdiction as to, Rule 14 sec. 6, (613) clerk shall supervise printing of the. Rule 23, (622) contents of, Rule 14 sec. 3, (613) copies of, Rule 27, (626) filing of transcript of. Rule 16 sec. 3, (615) inspection of original papers with, Rule 14 sec. 4, (613) objections to evidence in the. Rule 12, (611) printing of the, Rule 23, (622) proceedings as to the printing of the. Rule 23, (622) size of, Rule 26 sec. 1, (625) RECORD tr, S. COMMERCE COURT RULJES printing of, Rule 10, (636blO) RECORD TJ. S. CUSTOMS APPEALS COURT iRULES printing of. Rule S, (636c8) RECORD U. S. STTFBEME COURT RULES Act of March 3, 1891, as to. Rule 37, (673) cases in admiralty, and the, of them. Rule 8 sec. 6, (644) certiorari for diminution of, Rule 14, (650) contents of. Rule 8, (644) cost of, Rule 10 sec. 2, (646) method of printing of them, Rule 35 sec. 2, (671) opinion of court below must be contained in. Rule 8 sec. 2, (644) paper necessary to, must be contained in full, Rule 8 sec. 3, (644) printed form of. Rule 31, (667) printing parts of. Rule 10 sec. 9, (646) return of. Rule 8, (644) supervision of clerk. Rule 10 sec. 5, (646) translation of papers in foreign language must be contained in. Rule 11, (647) RECORD ANT) ENROLLMENT U. S. DISTRICT COURT I.OCAI^ EQtriTY COURT RULES final. Rule 15, (392) RECOUPMENT MICSIGAIT CIRCUIT COURT RULES AT LAW effect of, Rule 24(c), (81) notice of, under plea, Rule 7, (64) REFEREE TJ. S. DISTRICT COURT I.OCAI. BANKBUPTCY COURT RULES accounts of, returned to court, Rule 31(c), (224) cases of assets, when deemed closed for payment of fees, Rule 16(c), (20'9) no assets, when deemed closed for payment of fees to, Rule 16(c), (209) certificate of. Rule 8(c), (200) clerk shall pav to. fee, Rule 16(b), (209) records to, Rule 23(a), (216) fees of, when paid. Rule 16(a). (209) filing reports of. Rule 31(a), (224) notice may be given by. Rule 8(c), (200) creditors before, in compo.sition cases, Rule 12(a), (f), (205) powers of. Rule 20, (213) regulation of taking of evidence by, Rule 21, (214) special master. Rule 7(c), (199) subsequent day may be fixed by. Rule 9(b), (201) submission of all proofs of claimis and other papers received by the clerk to. Rule 23(b), (216) time and place of hearing to be fixed by. Rule 9(a), (201) closing of, for the payment of fees to. Rule 16(d), (209) trustee shall attend before the, when. Rule 17(b), (210) REFEREE IT. S. DISTRICT COURT GENERAL ORDERS IN BANKRUPTCY accounts of. Rule 26, (254) appointment of trustee subject to approval of, Rule 13, (241) 489 INDEX. RKJ References are to rule and parenthetical number REFERKR — .Continued bankrupt may receive protection from arrest at hands of, Rule 12 sec. 1, (240) compensation of, Rule 35 sec. 2, (263) creditor filing with, notices addressed to creditor. Rule 21, sec. 2, (249) duties of, Rule 12, (240) order of. Rule 23, (251) bankrupt to appear before, Rule 12 sec. 1, (240) proceedings before, Rule 12 sec. 1, (240) time when, shall act, Rule 12 sec. 2, (240) REiFERER AS SPECIAI., MASTER TT. S. DISTRICT COURT LO- CAL BAWKBTJPTCY COURT RULES issue when joined, referred to, in discharge cases, Rule 12(f), (204) REFERENCE XT. S. DISTRICT COURT LOCAL COTOMON LAW COURT RULES clerk or jury, Eastern District, Rule 26, (292) REFERENCE XT. S. DISTRICT COURT LOCAL BANKRUPTCY COURT RULES further, upon review, Rule 10(b), (202) REFERENCES TT. S. DISTRICT COURT GENEBAL EQUITZ COURT RULES documents may be used on. Rule 80, (479) duties of master on. Rule 75, (474) examination of, claimant upon, Rule 81, (480) form of, as to accountings. Rule 79, (478) master's unusual. New Rule 59. ('493a59) notice of hearing on, Rule 75, (474) powers of master on. Rule 77, (476) presentations of, by whom, to master. Rule 74, (473) proceedings ex parte on, Rule 75, (474) REGISTKR OP COURT MICHIG-AIT CIRCUIT COURT RULES IK EQUITY deposits, how kept by. Rule 32(a), (148) moneys in hands of, Rule 32, (148) orders of, made payable to whom, Rule 32(b), (148) REHEARING MICHIGAN SUPREME COURT RULES costs on denial of motion of. Rule 51, (51) motion for, Rule 51, (51) REHEARING MICHIGAN CIRCUIT COURT RULES IN EQUITY application for. Rule 25, (141) contents of petition for. Rule 25(a), (141) deposit on granting a. Rule 25(b), (141) petition for, Rule 25(a), (141) REHEARING MICHIGAN SAILSOAJ> COMMISSION RULES application for, must be by petition, Rule 15, (185) REHEARING U. S. DISTRICT COURT GENERAL EQUITY COURT RULES correction of error. New Rule 72, (493a72) petition for. Rule 88, (487); New RuIp r,o. C493a69) REHEARING U. S. COURT OF APPEALS COURT RULES granting or permitting argument for, Rule 29, (628) petition for. Rule 29, (628) time of presentation of petition for. Rule 29, (628) REHEAiRING U. S. CUSTOMS APPEALS COURT RULES application for, Rule 16, (636cl6) REHEARING U. S. ^UFBEME COURT RULES petition for, Rule 30, (666) REJOINDER U. S. DISTRICT COURTGENERAL EQUITY COURT RULES pleading by, not necessary. Rule 66, (465) REL MICHIGAN RULE BOOK. 490 References are to rule and parenthetical number RELEASE MICHIGAIT CIRCUIT COURT RULES AT LAW practice of, Rule 7(b) and (c), (64) RELIEF U. S. DISTRICT COURT GEITEEAI. EQUITY COURT RULES special, stated in the bill. New iRule 25, (493«25) verification by plaintiff, New Rule 25, (493a25) REM TJ. S. DISTRICT COURT I.OCAI. ADMUtALTY COURT RULES suits in, publication of notice. Western District. Rule 4, (497) REM V. S. DltaiRICT COURT GENHKAI. ADMIRALTY COURT RULES freight to be brought into court in other proceedings in. Rule 38, (578) libellant may proceed in. Rule 17, (557) process in, Rule 9, (549) REMNANTS IT. S. DISTRICT COURT GEITEltAL ADMIRALTY COURT RULES petitions for, Rule 43, (583) REPLEVIN MICHIGAK CIRCUIT COURT RULES AT LAW writ in, Rule 1(d), (58) REPLEVIN TJ. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES writ in, when returnable. Eastern District, Rule 9, (275); Western District, Rule 3, (316) REPLICATIONS MICSIGAIT CIRCUIT COURT RULES IN EQVITY filing of, Rule 13(a), (128) form of, Rule 12(b), (128) time of filing, Rule 12(a), (128) REPLICATION IT. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES copy to be served on defendant. Eastern District, Rule 15, (281) time of filing of, Eastern District, Rule 15, (281) REPLICATION U. S. DISTRICT COURT GENERAL EQUITY COURT RULES filing of, Rule 66, (465) non-allowance of special. Rule 45, (444) withdrawal of, and amended bill. Rule 2i9, (428) REPLICATION IT. S. DISTRICT COURT LOCAL ADMIRALTY COURT RULES disallowance of. Rule 31, (525) REPLICATION IT. S. DISTRICT COURT GENERAL ADMIRALTY COURT RULES disallowance of, Rule 51, (591) REPLY XT. S. DISTRICT COURT GEITERAL EQUITY COURT RULES answer asserts set-off. New Rule 31, (493a31) cause at issue, New iRule 31, (493a31) REPORT MICHIGAN PROBATE COURT RULES filing of a. Rule 1, (154) preparation of. Rule 1, (154) REPORT IVnCHIGAN INDUSTRIAL ACCIDENT BOARD RULES construction of final, Rule 9, (192i) employe to file if employer fails, Rule 4, (192d) employer to make weekly. Rule 2, (192b) filing of final, Rule 8, (192h) supplemental, Rule 6, (192f) REPORT U. S. DISTRICT COURT LOCAL BANKRUPTCY COURT RULES contents of final. Rule 17(a), (210) trustee's, Rule 18, (211) final, when. Rule 17(a), (210) 491 INDEX. REV References are to rule and parenthetical number REPORT XT, S. DISTRICT COURT I.OCAI. C0M:M017 LAW COURT RULES plionof,'raphic. Eastern District, Rule 37, (303) retention of, as security for compensation not allowed, Rule 82. (481) REPORT XJ. S. DISTRICT COURT GIIITEKAI. EQUITY COURT RULES contents of master's, Rule 76, (475); New Rules 60 and 61, (493a60) and (493a61) decree cannot recite. Rule 85, (484); New Rule 71, (493a71) exceptions to return of master's. Rules 83 and 85, (482) and (484); New Rule 66, (493a66) retention etc. (481); New Rule 68, (493a,68) REPRESENTATIVES OF DECEASED MIC?HIGAN CIRCUIT COURT RULES AT LAW adverse party ntiust be notified of the appointment of. Rule 44(c), (101) notice of further proceedings must be given. Rule 44(c), (101) REPRESENTATIVES OF DECEASED PARTIES U. S. SUPBEME COURT RULES appearance of, Rule 15 sec. 1, (651) non-appearance of, Rule 15 sec. 2, (651) RESTITUTION U. S. DISTRICT COURT LOCAl. AD1VIIBAI.TY COURT RULES writs of, Rule 28, (522) RETURN DAY MICKIOAN SUPSEMi: COURT RULES final process as to, Rule 52, (52) writs of certiorari as to. Rule 4, (4) error as to, Rule 4, (4) RETTURN DAY SHCEIGAN CIRCUIT COURT RULES AT LAW original writs, Rule 1, (58) RETURN DAY "U. S. DISTRICT COURT LOCAL COM3VI02S- LAW COURT RULES executions. Eastern District, Rule 40, (306); Western District, Rule 58, (371) original writs, Eastern District, Rule 9, (275); Western District, Rule 3, (316) process, Western District, Rul<> 40, (353) RETURN OF SERVICE SXICHIGAN CIRCUIT COURT RULES TS EQUITY law rule applicable. Rule 15(a), (131) RETURNS U. S. DISTRICT COURT LOCAL ADMIRALTY COURT RULES record of commissioners'. Rule 35, (530) REVENUE CASES U. S. STTPBESCE COURT RULES advancement of, on motion. Rule 26 sec. 5. (662) REVENUE LAWS XT. S. DISTRICT COURT LOCAL ADMEBALTY COURT RULES cases in violation of internal. Rule 34, (529) REVIEW 1M2CHIGA1T CIRCUIT COURT RULES IN EQUITY bills of. Rule 27, (143) REVIE'^V U. S. DISTRICT COURT LOCAL BAITKaUPTCrsr COURT RULES further proofs in. Rule 10(b), (2020 party entitled to testimony in case of. Rule 10(d), (202) proceedings for, on orders of refcMce. Rule 10(a). (2U2) time for referee to make decision in. Rule 10(c), (202) REVIEW U. S. CUSTOMS APPEALS COUiRT RUI.£S questions of law and fact may be taken for, Rule 4, (636cl) RE\' MICHIGAN RULE BOOK. 492 References are to rule and parenthetical number RE(\'IVAL MICHIGAIT CIRCUIT COURT RULES IN EQUITY revival, method of, Rule 44, (160) REVIVAL, OF JUDGMENT MICHIGAN CIRCUIT COURT RULES AT IiAW affidavit, notice and motion necessary to, after death of either party. Rule 44(a), (101) REVIVOR MICHIGAN CIRCUIT COURT RULES IN EQUITY bills of, Rule 26, (142) REVIVOR U. S. DISTRICT COURT GENEIbAi; EQUITY COURT RULES bill of. Rules 56, 57 and 5S, (455), (456) and (457); New Rule 35, (493a35) death of party. New Rule 45, (493a45) ROSCOMMON COUNTY I.OCAI^ CIRCUIT COURT RULES, (710) RULE DAYS U. S. DISTRICT COURT GENEBAI!. EQUITY COURT RULES motions and orders on. Rule 3, (402) RULE TO PLEAD U. S. DISTRICT COURT I^OCAZ. COMMON J.IL'W COURT RULES amendment, Eastern District, Rule 22, (288) unnecessary in suits commenced by writ, Eastern District, Rule 15, (281) RULES MICHIGAN CIRCUIT COURT RULES AT I.AW taking effect of, when. Rule 49, (106) RULES MICHIGAN CIRCUIT COURT RULES IN EQUITY taking effect, when, Rule 36, (152) RULES U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES common and special. Eastern District, Rule 5, (271); Western Dis- trict, Rule 13, (32i6) consent same as common. Eastern District, Rule 5, (271) entry, as of course, Eastern District, Rule 5, (271) state court, when binding, Eastern District, Rule 44, (310) time for entry, how computed, Eastern District, Rule 5, (271) RULES U. S. DISTRICT COURT GENERAI. EQUITY COURT RULES courts always open for directing interlocutory, Rule 1, (400) district judge may make, Rule 89. (488); New Rule 79, (493a79) entry of, in order book, Rule 4, (403) granting of, as of course. Rule 2, (401); New Rule 2, (493a2) interlocutory. New Rule new rules to take effect. New Rule 81, (493a81) old rules abrogated, New Rule 81, (493a81) RULES OF STATE COURTS U. S. DISTRICT COURT ItOCAIi COMMON LAW COURT RULES governing of, Western District, Rule 60, (373) SAGINAW COUNTY LOCAL CIRCUIT COURT RULES, (686) SALE U. S. DISTRICT COURT LOCAL BANKRUPTCY COURT RULES application for. Rule 27, (220) filing of petition for, when property perishable. Rule 27(b), (220) notice of, given by trustee. Rule 27(c), (220) trustee must file petition for, to obtain order, Rule 27(a), (220) SALE U. S. DISTRICT COURT LOCAL ABMIBALTY COURT RULES notice and place of. Rule 23, (517) SALE U. S. DISTRICT COURT GENERAL ADMIRALTY COURT RULES interlocutory, Rule 10, (550) 493 INDEX. SEC References are to rule and parenthetical number SAUVAGE IT. S. DISTRICT COURT OEITEItAI. ADMIEAXTY COURT RULES freight brought into court in case of, Rule 38, (578) SANILAC COUNTY I.OCAI. CIBCUIT COURT RULES. (700) SATISFACTION BEFORE ANSWER BUCHIQAN RAIIJtrOAD COM- MISSION RULES making of, Rule 4, (174) SCANDAT.fUS MATTER TJ. S. DISTRICT COURT GEZSraRAIi EQUITY COURT RULES expunging of, when exceptions are taken, Rule 26, 27; (425) (426) New Rule 24, (493a24) SCHEDULES XT. S. DISTRICT COURT I.OCAX. BANKKUPTCY COURT RULES amendments to, in involuntary cases, Rule 6, (198) contents of, Rule 1(a), (193) filing of, must be written, typewritten or printed on white paper, Rule 1(c), (193) SCHEDULES V. S. DISTRICT COURT GEZTEBAI. ORDERS IN BAlTKBtTFTCY alterations and interlineations in, forbidden, Rule 5, (233) amendments of, Rule 11, (239) attachment against debtor when he fails to file, Rule 9, (23V> contents of. Rule 9, (237) filing of, wliere bankrupt cannot be found. Rule 9, (237) involuntary bankrutcy as to. Rule 9, (237) notice served on found debtor to file, Rule 9, (237) SCHOOLCRAFT COUNTY I.OCAI. CIRCUIT COURT RULES, (687) SCIRE FACIAS MICHIGAN CIRCUIT COURT RULES AT LAW revival of judgment as to. Rule 44(a), (101) SCIRE FACIAS U. S. DISTRICT COURT I.OCAXi ADMIRAI.TY COURT RULES issuance of. Rule 37, (532) SEAL U. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES time of affixing seal to jurat, Rule 59, (372) SEAL U. S. COURT OF AFFEAXS COURT RULES court's Rule 2, (601)) SECOND TERM U. S. SUPREME COURT RULES neither party ready for trial at, dismissed at cost of plaintiff. Rule 19, (655) SECURITY FOR COSTS U. S. DISTRICT COURT i;OCAI^ COM- MON I.AW COURT RULES clerk and ninrshall may have execution against surety, Eatsern District, Rule 4, (270) form of. Eastern District, Rule 4, (270); Western District, Rule 2, (315) judgment upon, Eastern District, Rule 4, (270) money deposit may be taken in lieu thereof. Eastern District, Rule 4, (270); Western District, Rule 2. (315) removal of cases, Western District, Rule 2, (315) requirements of non-residents. Ka.stern District, Rule 4, (270); Western District, Rule 2. (315) SECURITY U. S. DISTRICT COURT I.OCAIi ASMIRAI.T7 COURT RULES amount of, to be given by appellant, fixed by court. Western District, Rule 30, (523) SECURITY FOT^ COSTS MICEIGAN CIRCUIT COURT RULES IN EQUITY bill of review. Rule 27, (144) guardian ad litem. Rule 33. (150) non-residents mnst give. Rule 3, (120) receivers. Rule 31(b), (120) SEQ MICHIGAN RULE BOOK. 494 References are to rule and parenthetical number SHQUESTRATION V. S. DISTRICT COURT GEKTERAJi EQUITY COURT RULES mandatorv order for specific performance. Rule 8, (407); New Rule S, (4'93a8) process of, to Issue, iRule 7, (406); New Rule 7, (493a7) SERVICE laCHIGAK CIRCUIT COURT RULES AT I.AW computation of time on, Rule 36, (93) metiiod of compution on, appeal cases. Rule 33, (90) same city, Rule 28, (85) mail, Rule 29, (86) contempt cases. Rule 34, (91) exceptional cases. Rule 32, (89) imprisoned party. Rule 34, (91) party in person, Rule 31, (88) serv'eral defendants represented by attorneys, Rule 30, (87) SERVICE MICHIGAN SAIBKOAD COIVIMISSION RULES manner of making. Rule 6, (17 6) SERVICE IT. S. DISTRICT COURT I.OCAI. COMMOMT IiAW COURT RULES contempt or imprisonment. Eastern District, iRule 2, (268); West- tern District, Rule 32, (345) defendant not appearinj^. Eastern District, Rule 2, (268) exceptional cases, "Western District, Rule 31, (344) mail. Eastern District, Rule 2, (268) notices and papers, how made, Eastern District, Rule 2, (268) original writs, Western District, Rule 3, (316) papers on attorneys. Western District, Rules 27, 28, 29; (340) (341) (342) party appearing in person, Western District, Rule 30, (343) pleadings. Eastern District, Rule 15, (281)) requirement unnecessary. Western District, Rule 33, (346) time increased for, by mail. Eastern District. Rule 2, (268) computation of, for. Eastern District, Rule 6, (272); Western Dis- trict, Rule 34, (347) SERVICE IT. S. DISTRICT COURT I^OCAI. EQUITY COURT RULES complainant shall make, of copy of bill. Rule 1, (378) manner of, of papers on opposing solicitors, Western District, Rule 13, (390) SERVICE U. S. DISTRICT COURT GENERAL EQUITY COURT RULES manner of making, Rule 13, (412); New Rule 13, (493al3) proving of and who may make of process. Rule 15, (414) SERVICE U. S. INTERSTATE COMMERCE COMMISSION RULES personal, of jiapers, Rule 6, (636a6) SERVICE OF PAPER MICHIGAJT SUPREME COURT RULES authorization of, by mail, Rule 23, (23) exceptional cases how, are made. Rule 26, (26) methods of. Rules 22, 23; (22) (23) party acting for himself may make. Rule 24, (24) SESSIONS U. S. DISTRICT COURT I.OCAI. ADMIRALTY COURT RULES special. Rule 1, (494) SESSIONS MICHIGAN RAILROAD COMMISSION RULES holding of, for receiving petitions, &c.. Rule 1, (171) SET-OFF U. S. DISTRICT COURT GENERAL EQUITY COURT RULES answer as to. New Rule 30, (493a30) reply as to. New Rule 31, (493a31) 495 INDEX. STA References are to rule and parenthetical number SESSIONS V. S. INTERSTATE COMMSBCE COMMISSION RULES general and special, Kul-- 1, ('JiJOalj SESSIONS U. S. CUSTOMS APPEALS COURT RULES court sitting in, Rule D, (6.36e9) SHIA^VASSE'B COUNTY I^OCAX. CrRCXTTT COURT RULES, (711) SOLICITOR XT. S. DISTRICT COURT GETTEHAI. EQUITY COURT RULES amendments to bill furnished by. New Rule 28, (493a28) costs of offending, Nt-w Rule 76. (493a76) interrogatories sent by clerk, New iRule 58, (493a58) notice to, as to master. New Rule 60, (4'93a60) orders not notice to. New Rule 4, (493a4) record on appeal, New Rule 75, (493a75) signature on pleading. New Rule 24, (493a24) SPECIAL BAIL U. S. DISTRICT COURT I.OCAI. COIVIMON LAW COURT RULES insufficiency of, new to be given, Eastern District, Rule 11, (277) judgment against, Eastern District, Rule 13, (279) proceedings, when not given, Eastern District, Rule 12, (278) SPECIAL MASTERS TT. S. DISTRICT COURT LOCAi BANK- BXTPTCY COURT RULES allowances to, Rule 30, (233) SPECIAL RULE MICHIOAIT CIRCUIT CORT RULES AT LAW definition of, Rule 11(a), (68) demand for, of fact and law by the court, Rule 26, (83) filing of, with clerk. Rule 11, (b), (68) proceedings on, Rule 26, (83) SPECIAL RULE U. S. DISTRICT COURT LOCAL COIVTMON LAW COURT RULES entered how. Eastern District, Rule 5, (271) entered, how, Eastern District, Rule 10, (276) SPECIAL SESSIONS MICHIGAN EAILEOAX) COLIMISSION RULES place for holding regulated by commission, Rule 1, (171) SPECIAL SESSIONS U. S. DISTRICT COURT LOCAL ADMLBALTY COURT RULES holding of. Rule 1, (494) SPENDTHRIFTS MICHIGAN PEOBATE COURT RULES appointment of guardians for, Rule 5, sec. 2, (158) ST. CLAIR COUNTY LOCAL CIRCUIT COURT RULES, (707) ST. JOSEPH COUNTY LOCAL CIRCUIT COURT RULES, (691) STATE COURT U. S. DISTRICT COURT LOCAL COMMON LAW COURT RULES rules of Eastern District, Rule 44, (310) STATE COURT U. S. DISTRICT COURT LOCAL EQUITY COURT RULES non-residents must give security for costs. Western District, Rule 2, (379) removal of causes from, Western District, Rule 21, (399) STATEMKNT OF CASE U. S. DISTRICT COURT LOCAL COM- MON LAW COURT RULES defense of counsel at trial. Eastern District, Rule 24, (290) STAY U. S. DISTRICT COURT LOCAL BANKRUPTCY COURT RULES vacation of, when, Rule 33, (226) STAY OF EXECUTION U. S. COURT OF APPEALS COURT RULES allowance of. Rule 37, (636) STAY OF PROCEEiDINGS MICHIGAN CIRCUIT COURT RULES AT LAW motions for. Rule 20, (77) STA MICHIGAN RULE BOOK. 496 References are to rule and parenthetical number STAY OF PROCEEDINGS TT. S. DISTRICT COURT IiOCAIi COM- MON LAW COURT RULES motion for, Western District, Rule 20, (333) STENOGRAPHERS XT. S. DISTRICT COURT I.OCAI^ COMMON LAW COURT RULES appointment and cost of. Eastern District, Rule 37, (303); West- ern District, Rule 57, (370) STENOGRAPHERS TT. S. DISTRICT COURT GENESAI^ EQUITY COURT RULES testimony to be taken by, before examiners, Rule 67, (466) New Rule 50, (493a50) STIPULATIONS MICHIGAN ISAII.SOAD COMMISSION RULES filing of, and who may enter into, in writins:. Rule 10, (180) parties or counsel, must be in writing. Western District, Rule 37, (350) permission of in forma pauperis, Western District, Rule 62, (375) STIPULATIONS TJ. S. DISTRICT COURT I.OCAI; ASMIBAI^TT COURT RULES form of. Rule 12, (506) STIPULATIONS U. S. DISTRICT COURT GIINISKAX. ADMTB- ALTV COURT RULES intervenors to give, Rule 34, (574) mode of taking, Rule 35, (575) officers who may take. Rule 5, (545) place of taking. Rule 5, (545) STIPULATION V. S. INTEESTATE COMMEECE COMMISSION RULES filing of. Rule 9, (636a9) SUBPOENA MICHIGAN CIRCUIT COURT RULES IN EQUITY defendants' names must he all inserted in, Rule 4(b), (120) form of, Rule 4(d), (120) notification of, that complaint has been filed. Rule 4(c), (120) time to defend after service of. Rule 4(c), (120) SUBPOENA XT. S. DISTRICT COURT I.0CA:L BANKRUPTCY COURT RULES service of, by publication, involuntary proceedings. Rule 2(a), (194) SUBPOENA U. S. DISTRICT COURT GENERAI. ORDERS IN BANKRUPTCY issuance of. Rule 3, (231) SUBPOENA U. S. DISTRICT COURT GENERAI. EQUITY COURT RULES alias. New Rule 14, (493al4) bill of revivor. Rule 56, (455); New Rule 35, (49Sa35) contents of. Rule 12, (411); New Rule 12, (493al2) infancy of defendants to be stated in, Rule 23, (422) issuance of. Rules 11, 12 and 13, (410), (411) and (412); New Rules 10 and 12, (493all) and (493al2) memorandum at the bottom. Rule 12, (411); New Rule 12. (493al2) mesne process. Rules 7 and 8, (406) and (407); New Rule 7, (493a7) prayer for, Rule 25, (424) process of, when proper, Rules 7 and S, (406) and (407) persons who may serve. Rule 15, (414) provisions as to, not executed, New Rule 14, (493al4) return of, Rule 12, (411); New Rule 12, (493al2) service of. Rule 13, (412); New Rule 13, (493al3) time for answer, Ne-w Rule 12, (493al2) SUBPOENA U. S. INTERSTATE COMMERCE COMMISSION RULES books and papers, Rule 12, (636al2) 497 INDEX. SUP References are to rule and parenthetical number SUBPOENA XT. S. SUFBEMS COURT RULES service of, Rule 5 sec. 3, (641) SUBSEQUENT PLEADINGS MICEIGAJT CIRCUIT COURT RULES AT I.AW time of service and filing of, Rule 2(e), (59) SUITS XT. S. DISTRICT COURT GENEKAi EQUITY COURT RULES entry on the docket, Rule 16, (415); New Rule 3, (493a3) heirs as party. New Rule 41, (493a41) incompetents. New Rule 70, (493a70) revival of. Rule 56, (455) SUITS U. S. DISTRICT COURT GEKEBAXi ADMIBAI.T7 COURT RULES bottomry bond, Rule 18, (558) collision, Rule 15, (555) maritime hypothecation, Rule 17, (557) material men. Rule 12, (552) petitory and possessory, Rule 20, (560) pilotage. Rule 14, (554) SUMMONS U. S. DISTRICT COURT GEITESAI. ORDERS IN BANKBTJPTCY issuance of. Rule 3, (231) SUMMONS U. S. DISTRICT COURT I.OCAI^ COMMON LAW COURT RULES bonds of, how taken. Rule 29, (665) writ of. Eastern District, Rule 9, (275); Western District, Rule 3, (316) SUNDAY U. S. DISTRICT COURT GENEBAI. EQUITY COURT RULES Clerk's office not open. Rule 2, (401); New Rule 2, (493a2) computation of time, New Rule 80, (493aS0) SUPERSEDEAS U. S. COURT OF APPEAI.S COURT RULES Rule 37, (636) SUPERSEDEAS U. S. SUPREME COURT RULES bonds of, ho wtaken, Rule 29, (665) SUPPLETHfENT.AL BILLS MICHIGAN CIRCUIT COURT RULES IN EQUITY contents of, Rule 26, (142) SUPPLEMENTAL BILLS U. S. DISTRICT COURT GENEKAX. EQUITY COURT RULES form of. New Rule 35, (493a35) SUPPLEIMENTAL PLEADINGS U. S. DISTRICT COURT GEN- ERAL EQUITY COURT RULES allowance of, Rule 57, (456) default in filing. Rule 46, (445) filing of. Rule 46, (445) SUPREME COURT OF DISTRICT OF COLUMRIA U. S. DISTRICT COUHT GENERAIi ORDERS IN BANKEUPTCY appeal from, Rule 36, (264) SUPREME COURT OF A TERRITORY U. S. DISTRICT COURT GENEBAI. OBSESS IX BANKRUPTCY appeals. Rule 30, (258) SUPREME COURT MICHIGAN COURT RULES, (1) SUPREME COURT OF THE UNITED STATES U. S. DISTRICT COURT GENEBAI, ORDERS IN BANKBUPTCY Circuit Court of Appeals to. Rule 36 sec. 1, (264) SUP MICHIGAN RULE BOOK. 498 References are to rule and parenthetical number SlTPRECVrE COI'RT XT. S. SITPKEME COURT R.UKES, (637) opinions of the. Rule 25, (661) lower court to be annexed to record for, Rule S sec. 2, (644) SURETY TJ. S. DISTRICT COURT IiOCAIi COMMON LAW COURT RULES bail bond, when to justify, Eastern District, Rule 10, (276) judgment against. Eastern District, Rule 4, (270); Western Dis- trict, Rule 2, (315) notice to be given to, Eastern District, Rule 4, (270) resident, Eastern District, Rule 4, (270) SURETY V. S. DISTRICT COURT I.OCAI. ASMXRAIiTY COURT RULES officers may not be. Rule 38, (533) TENDER MICKIGAN CIRCUIT COURT RULES AT LAW cost on, Rule 42, (99) TEJSTDER U. S. DISTRICT COURT I.OCAIi COMMON LAW COURT RULES costs in case of, Western District, Rule 39, (352) TERM V. S. DISTRICT COURT GENEKAI. EQUITY COURT .RULES decrees and orders as to, New Rule 3, (4i93a3) process as to, New iRule 1, (493al) rehearings not granted after. New Rule 69, (493a6'9) TERM CALENDAR MICHIGAN CIRCUIT COURT RULES AT I.AW criminal cases have precedence in making up. Rule 18(c), (75) making up of. Rule lS(a), (75) TERMS TT. S. COURT OF APFEAXS COURT RULES court. Rule 3, (602) TESTIMONY MICHIGAN SUPREME COURT RULES taking of further, Rule 57, (57) TESTIMONY MICHIGAN CIRCUIT COURT RULES AT I.AW defendant when to have opening and closing of, (Rule 24(c), (81) TESTIMONY MICHIGAN CIRCUIT COURT RULES IN EQUITY circuit court commissioner to take, when. Rule 14(c), (130) conclusion of. Rule 14(g), (130) election to take, in open court, Rule 14(ta), (130) expiration of time for taking of. Rule 14(h), (130) failure to take, cause noticed for liearing. Rule 14 (i), (130) manner of taking. Rule 14(f), (130) taking of. Rule 14, (130) time of taking. Rule 14(d), (130) TESTIMONY MICHIGAN RAII.BOAI> COMMISSION RULES furnishing of copies of. Rule 17, (187) TESTIMONY U. S. DISTRICT COURT GENEBAX ORDERS IN BANKRUPTCY taking of. Rule 22, (2i50) TESTIMONY U. S. DISTRICT COURT LOCAIi COMMON lAW COURT RULES parties may be required to give. Western District, Rule 25, (338) TESTIMONY U. S, DISTRICT COURT GENERAL EQUITY COURT RULES contermpt of court. New Rule 52, (493a52) deposition as to. Rule 68, (467); New Rule 56. (493a56) expert, New 'Rule 48, (493a48) notice of taking. New Rule 53, (493a53) publcation of, if taken by commission. Rule 67, (466) record as to, New Rule 75, (493a75) signature of witnesses. New Rule 51, (493a51) 499 INDEX. TRA References are to rule and parenthetical number TESTIMONY — ^Continued etenographer may take, New Rule 50, (493a50) submission of, in open court, New Rule 46, (493a46) taking of, Rules 67, 68, 70, 78, (466), (467), (46S), (469). (477) de bene esse, Rule 70, (469) oral, Rule 67, (466) time within wricli to take. Rules 67. 68, (466), (4C7J THIRD PERSONS XJ. S. DISTRICT COURT GENXEAL ADMTB- AXTT COURT RULES monitions to, Rule 8, (545) TIME MICHIGAN SUPBEMU COURT RULES computation of, Rule 25, (25) extension and contraction of, Rule 32, (32) returns. Rules 7, 16, (7), (16) hearing of motion, as to. Rules 28, 29, (2i8), (29) notice of filing case made as to, Rule 17, (17) issue of writs as to, Rule 5, (5) plea in quo warranto. Rule 19, (19) replication as to, Rule 20, (20) return day of writs as to, Rule 14, (14) return to writs as to, Rule 6, (6) TIME MICHIGAN CIRCUIT COURT RULES AT I.AW computation of, as to serving papers. Rule 36. (93) meaning of "instanter" in relation to. Rule 36(b), (93) motion to suppress depositions as to. Rule 41, (100) pleading in relation to. Rule 3, (60) TIME MICHIGAN CIRCUIT COURT RULES IN EQUITY extension of, for pleading, etc.. Rule 6, (122) proper, for taking testimony before commissioner, Rule 14, (130) rules as to, when to take effect, Rule 36, (152) TIME XT. S. DISTRICT COURT I.OCAI. COMMON LAW COURT RULES allowance for arguments. Western District, Rule 24, (337) amendment of pleadings. Eastern District, Rule 22, (288) computation of. Eastern District, Rule 6, (272); Western District, Rule 34, (347) increased when by mail. Eastern District, Rule 2, (268) motion for new trial. Western District. Rule 21, (334) pleading. Eastern District, Rule 22, (2SS) TIME yj. S. DISTRICT COURT GENEBAI. EQUITY COURT (RULES depositions as to. New Rule 56, (493a5fi) enlargement of, for comipliance witli decree. New Rule S, (493a8) filing of answer. New Rule 16. (4'93al6) ■holidays, Rule 2-, (4i0il); New iRule 80, (4i93a80) TORTS U. S. DaSTRICT COURT GENEBAI, A3JMIBAI.TY COURT RULES suits for personal. Rule 16, (556) TRANSCRIPT U. S. DISTRICT COURT GENEBAI. EQUITY COURT RULES appeal as to. New Rule 75, (493a75) corrections of. New Rule 76, (493a76) costs of. New Rule 50. (493a50) evidence as to, New Rule 51, (493a51) TRANSCRIPTS ON APPEAL U. S. DISTRICT COURT GENEBAX ASMISAI.TY COURT RULES contents of. Rule 52, (592) TRANSCRIPT OF (RECORD U. S. COURT OF APPEALS COURT RULES filing of. Rule 16 sec. 3, (615) TRA MICHIGAN RULE BOOK, 500 References are to rule and parenthetical number TRANSLATIONS V. S. COURT OF APPEALS COURT RULES documents, testimony and papers of which, must be made, Rule 15, (614) TRANSLATION U. S. SUPREME COURT RULES making of, of papers. Rule 11, (647) TRIAL MICIUGAN CIRCUIT COURT RULES AT I.A"W commencement of evidence by plaintiff at, Rule 24(b), (81) contents of defendant's opening statement at. Rule 24(b), (81) plaintiff's opening statement at, Rule 24(a), (81) number of counsel to examine and cross-examine a witness at. Rule 24(b), (81) time allowed for summing up at, Rule 24(b), (81) TRIAL XT. S. DISTRICT COURT I.OCAI^ COMMON lAW COURT RULES conduct of, Western District, Rule 24, (337) notice of. Eastern District, Rule 31, (297) TRIAL tr. S. DISTRICT COURT GEIfEEAX. EQUIT-Y COURT RULES testimony usually taken in open court, New Rule 46, (493a46) TRIAL XJ. S. DISTRICT COURT IiOCAl^ ADMIBALTY COURT RULES jury, Rule 22, (516) TRUSTEE TJ. S. DISTRICT COURT I.OCAXi EANKRUPTCT COURT RULES final account of, audited by referee. Rule 17(b), (210) order to show cause for removal of, when. Rule 18(b), (211) receiver to turn over property and money to, when, Rule 25(e), (218) selection of, when may be annulled. Rule 19, (212) time wlien all cases in bankruptcy shall be closed for the payment of fees to. Rule 16(d), (209) TRUSTEE XT. S. DISTRICT COURT GENEKAI. ORDERS IN BANK- RUPTCY allowance of compensation to, Rule 35 sec. 3, (263) appointment of, RulelS, (241); Rule 16, (244) duties of. Rule 17, (245) non-appointment of, in certain cases. Rule 15, (243) removal of, Rule 13, (241) voluntary bankrupt discloses no assets and no creditor appears, the appointment of, need not be made. Rule 16, (244) TRUSTEE U. S. DISTRICT COURT &ENEBAI. EQUIT-JT COURT RULES representation of cestui que trust by. Rule 49, (448) TUG U. S. DISTRICT COURT I.OCAX ADMIRALTY COURT RULES expense of a. Rule 27, (521) TUSCOLA COUNTY LOCAL CUtCUIT COURT RULES, (700) TWENTY-SEVENTH RULE U. S. DISTRICT COURT GE2TERAL ADMIRALTY COURT RULES limitations of UNITED STATES COURT RULES, (193) Circuit Court of Appeals Court Rules, (600) Commerce Court Rules, (6'36bl) Customis Appeals Court Rules, (636cl) District Court in Local Admiralty Court Rules, (494) General Admiralty Court Rules, (541) Bankruptcy, Orde»rs in, (229) Local Bankruptcy Court Rules, (193) Local Criminal Procedure Court Rules, (527) Local Equity Court Rules, (378) Local Law Court Rules, Eastern District, (267) Western District, (314) Local Miscellaneous Court Rules, (538) 501 INDEX. WJT References are to rule and parenthetical number UNITED STATES COURT RULEIS — ^Continued District Court — Continued New Equity Court Rules, (493al) Old Equity Court Rules, (400) Interstate Convnifrce Commission Rules, (636al) Supreme Court Rules, (637) U S. DISTRICT ATTORNEY TT. S. DISTRICT COURT LOCAL COIVUklON LAVT COURT RULES duties of, in drawing jurors, "Western District, Rules 63 and 64, (376), (377) UNITED STATES SUPREME COURT U. S. COURT OF APPEALS COURT RULES removal to, as to costs. Rule 31 sec. 6, (630) VACATION U. S. SUPREME COURT iRULES dismissal in, Rule 2S, (664) VAN BUREN COUNTY LOCAL CIECTJIT COURT RULES, (712) VENIRES 1J. S. DISTRICT COURT LOCAL COUMON LAW COURT RULES Issue, service and return of, Western District, Rules 63 and 64; (376), (377) VENUE MICHIGAN CIRCUIT COURT RULES AT LAW motion for change of, Rule 58, (115) notice of hearing of motion for change of, when served, Rule 58, (115) service of motion for cliange of, when. Rule 58, (115) VERIFICATION MICHIGAN CIRCUIT COURT RULES IN EQUITY amendments to bill as to. Rule 10(c), (126) answers as to. Rules 2, 10(b); (118), (126) bill to have, if special relief asked, New Rule 25, (493a25) bills of complaint as to. Rule 2, (118) creditors' bills as to, (Rule 30(c), (146) petition for rehearing to have. Rule 88, (487); New iRule 69, (493a69) pleadings to have, New Rule 36, (493a36) VERIFICATION OF PLEA U. S. DISTRICT COURT LOCAL COM- MON LAW COURT RULES necessity of, Eastern District, Rule 28, (294) VERIFICATION U. S. DISTRICT COURT GENEBAL EQUITY COURT RULES attachment of, to answer, Rule 59, (458) bill by stockliolders against a corporation must receive a. Rule 94, (493) party who may make, Rule 59, (458) VESSELS U. S. DISTRICT COURT GENERAL ADMIRALTY COURT RULES * vending and sale of. Rule 11, (551) WAGES U. S. DISTRICT COURT GENERAL ADMIRALTY COURT RULES freight brought into court in cases of mariners'. Rule 36, (578) suits for mariners'. Rule 13, (553) WASHTENAW COUNTY LOCAL CIRCUIT COURT RULES, (698) WAYNE COUNTY LOCAL CIRCUIT COURT RULES, (678)' WEXFORD COUNTY LOCAL CIRCUIT COURT RULES, (704) WIDOW'S ALLOWANCE MICHIGAN PROBATE COURT RULES petitions for. Rule 9, (162) WITNESSES MICHIGAN CIRCUIT COURT RULES AT LAW issuance of process to compel appearance of. Rule 25, (82) WITNESSES MICHIGAN CIRCUIT COURT RULES IN EQUITY process to compel attendance of, Rule 14(e), (130) WJT MICHIGAN RULE BOOK. 502 References are to rule and parenthetical number ^VITNESSES MICHIGAIT KAIIiBOAS COMMISSION RULES examination of, Rule 11, (181) fees of. Rule 13, (183) subpoena of, Rule 13, (I'SS) WilTNESSES IT. S. DISTRICT COURT GENERAI. ORDERS IN BANKBUPTCY deposition taken upon an examination of, before referee. Rule 22, (250) objection to questions to, noted on deposition by referee, Rule 22, (250) 'Subjection of, to examination and cross-examination, Rule 22, (250) WITNESSES TT. S. DISTRICT COURT I.OCAI. COlVnAON I.AW COURT RULES deposition of. Western District, Rule 54, (367) parties may be required to testify as, Western District, Rule 25, (338) WITNESSES U. S. DISTRICT COURT GENXBAI. EQUITY COURT RULES advancement of fees. Rule 82, (4^81) ; New iRule 50, (493a50) attendance of. Rule 67, (466); New Rule 52, (493a52) 'refusal of, Rules 67 and 78. (466) and (477); New Rule 52, (493a52) depositions of. Rule 68, (466); New Rules 47 and 56, (493.a47) and (493a56) examination of, on commission, Rule 67, (466) examiner's, Rule 66, (4'6>5); New Riule 49, (493a4i9) expert, New Rule 48, (493a48) master's examination. Rule 78, (477); New Rule 62, (493a62) oral, New Rule 54, (493a54) signature of. Rule 67, (466); New Rule 51, (493a51) record on appeal. New Rule 7'5, (4'93a75) refusal of, to make. Rules 67 and 78, (466) and (477); New Rule 50, (49>3a50) tsetimonv of, taken in open court, Rule 67, (466); New Rule 46, (493a46) WITNESSES U. S. INTEESTATE COLOIEKCI! COMMISSION RULES attendance of. Rule 12, (&36al2) WORKMEN'S COMPENSATION INDUSTRIAL ACCIDENT BOARD rules of, (192a), (192i) WRIT U. S. DISTRICT COURT I.OCAIi COMIVEON LAW COURT RULES execution returnable. Eastern District, Rule 40, (306); Western Dis- trict, Rule 58, (371) original, how served and returned. Eastern District, Rule 9, (275); Western District, Rule 3, (316). venire facias, how and when issued' Eastern District' Rule 9, (.275) WRIT U. S. DISTRICT COURT IiOCAI. ADMIBAIiTY COURT RULES restitution, Rule 28, (522) WRIT OF CEHTIORAKI MICHIGAN SUPREME COURT RULES calendar, cause. Rule 43, (43) costs. Rule 49, (49) extension of time. Rule 7, (7) motion to dismiss. Rules 8, (8); 9, (9) notice of issue. Rule 5, (5) return to. Rule 6, (6) return day. Rule 4, (4) reviewing mandamus. Rule 12. (\'2) WRIT OF CERTIORARI MICKIGAN CIRCUIT COURT RULES AT JmATW allowance of, by court or judge. Rule 46(b), (103) order to show cause in cases of mandamus and prohibition. Rule 46(a), (103) 503 INDEX. WRJ References are to rule and parenthetical number WRIT OF ERROR MICHIGAN SUPREME COURT RULES calendar causes, Rule 4:;, (43> extension of time for return of, Rule 7, (7) failure to file return of. Rule 8, (8) issuf: and return . Grounds for Denyins Ruli>ll. Appeals to Supreme Tjiability to he Stated. Couit. Mill'- t>. Witnesses and Proofs. Rule 12. Findings of Fact and Rule 7. Hearings on Review. Law. (192j) Rule 1. Selection of Arbitrators. It is a maxim of the law that no man can act as judge in his own case, and this principle extends to and excludes all persons finan- cially interested in the outcome of the case, together with their agents, officers, and attorneys. Persons so nearly related to any of the parties in an arbitration case that they may be fairly deemed to be financially interested in the decision are also excluded under this principle. The rule is therefore established by the Board that all persons who fall within any of the above named classes are disqualified from acting as arbitrators in cases to be heard before committee on arbitration under the Workmen's Compensation law. (192k) INDUSTRIAL ACCIDENT BOARD RULES 2 (192k) Rule 2. Postponement of Cases. The compensation law provides Ihat arbitration be had in the locality where the accident occurred. This is for the accommoda- tion of parties interested and to save expenses for travel and mile- age for themselves and witnesses. In all arbitration cases one member of the Board goes to place of accident, frequently travel- ing hundreds of miles to hear the case. It is apparent under these conditions that a postponement of such hearings cannot be had, and it is necessary for the parties to be prepared for arbitration and to proceed with the same at the time and place set. Any other rule would make the administration of the compensation law ex- pensive and ineffectual. The parties must also have their witnesses ready at the time and place set for arbitration so as to make their proofs complete. (1921) Rule 3. Insurer Deemed Party. When arbitration is ordered in the case of any employer who is insured, notice of the time and place of such arbitration shall be given both to the employer and the company or organization carry- ing the risk; and a copy of the award or judgment on such ar- bitration shall be sent by mail from the offices of the Industrial Accident Board to such employer and also to the carrier of the risk. In all such cases if an award of compensation is made it shall be against the employer and also against the carrier of the risk, both of whom shall be deemed parties to such proceeding. (192m) Rule 4. Agreements and Awards. In all cases where an award has been made, or agreement in re- gard to compensation entered into by the parties and approved by the Board, such award or agreement, as the case may be, shall continue in force until modified by the order of the Board, or by a written agreement of the parties approved by the Board. The employer may not stop or in any way change the rate of compensa- tion provided for in such award or agreement except as herein provided. In cases where the employe returns to work at the termination of his disability the filing of the final receipt for com- pensation will be deemed an agreement terminating the period of disability. (192n) Rule 5. Grounds for Denying Liability to be Stated. If the employer denies liability in case where a claim for com- pensation is filed by an injured employe or his dependents, such denial shall be filed with the Board in writing by such employer and shall set forth with reasonable detail and certainty the facts and circumstances upon which he relies as a defense to such claim. Upon the filing of such denial in the office of the Board a copy of same shall be furnished to the claimant, so that he will 3 INDUSTRIAL ACCIDENT BOARD RULES (1^2q) have such seasonable information as to the nature and particulars of the employer's defense as may be reasonably necessary to enable him to procure witnesses and prepare for the hearing on arbitra- tion. (192o) Rule 6. Witnesses and Proofs. The arbitration is the first and fundamental hearing in contested cases, and is held at the place where the accident occurred in order to make such hearing reasonably convenient and inexpensive to the parties. The proofs should be fully taken at such arbitration, and such proofs in general form the record and basis for the hear- ing on review before the full Board. Where cases are taken be- fore the full Board for review, additional testimony may be taken when necessary by deposition under the provisions of the gen- eral statutes of the state. The party appealing should furnish the Board with a copy or transcript of the proofs. Witnesses will not be heard orally before the full Board except on extraordinary occasions, and then only in cases where permission to produce and examine such witnesses has been granted by the Board on .'Application prior to the date of hearing. (192p) Rule 7. Hearings on Review. Hearings on review- before the full Board shall be held at the office of the Board in the city of Lansing. This general rule, how- ever, may be modified by the order of the Board in exceptional cases, when deemed necessary. On such hearings the time al- lowed to each side for argument or oral presentation of the case shall not exceed one hour. Briefs or written arguments may be filed with the Board at or before the time of such hearing. If con- ditions seem to require it, the Board may permit the filing of briefs or written arguments within a limited time after the hearing on review. Either or both of the parties, as they choose, may present their case on such hearing by briefs or written arguments without being present at the hearing. (192q) Rule 8. Contested Medical and Hospital Bills. The provision of law authorizing the Industrial Accident Board to pass upon bills for medical and hospital services applies only in cases where there is a real, bona fide dispute. Before such mat- ter can be brought to the Board for adjustment, the parties are re- quired to make an earnest effort to reach a settlement of the mat- ter between themselves, and may appeal to the Board only after they have exhausted the ordinary means of bringing about such settlement. In all matters of this kind which are brought before the Board, the person, firm, or corporation applying must show by satisfactory proof that they have made an earnest and ade- quate effort to reach a settlement, and that the settlement failed through no fault of theirs. Where bills of the above (192r) INDUSTRIAL ACCIDENT BOARD RULES class are brought before the Board for adjustment by persons ob- jecting to same, their objections will be considered "only in cases where they have exhausted the ordinary means of reaching a set- tlement before making application; and in all cases where such bills are presented by claimants without having first exhausted the ordinary means of reaching a settlement, the same will be dis- missed without prejudice and without investigation of their merits. (192r) Rule 9. Postponement of Review Hearings. At all hearings on Review the full Board is present, and the docket for such hearings is so arranged that the cases will follow each other in regular succession. The arbitration cases require a large portion of the time of the members of the Board away from Lansing, and when cases are set for hearing on Review such hear- ing must proceed in accordance with the docket and be disposed of. Parties may not stipulate to postpone such cases after the same are set for hearing, and postponement will be granted by the Board only in exceptional instances. In case any of the parties or their attorneys cannot be present or represented at such hear- ing, a reasonable time will be given to file a brief or written ar- gument in the case. (192s) Rule 10. Lump Sum Payments. It is manifest that the clear purpose of the legislature was to provide that the compensation receivable under this law should go to the persons or families entitled to the same in weekly pay- ments, it being the judgment of the legislature that when so paid it would more effectually meet and relieve the wants of the in- jured employes and their families, than if paid in a lump sum. This view has the full endorsement and concurrence of the Board. Therefore, lump sum payments will only be authorized in ex- ceptional cases where circumstances create a necessity for such action. Application for lump sum payments can only be made after an "Agreement in Regard to Compensation" has been filed with and approved by the Board, or an award of compensation made; and such application is required to be in the form of a a worn petition setting forth in detail the facts and circumstances on which application is based. Desire of the applicant to go to another state or country, or to buy property, or to invest in bus- iness, etc., do not constitute reasons for lump sum payment. In general, conditions created by the acts of the injured employe or his dependents after the accident, do not constitute ground for such payment. As a general rule, the circumstances and condi- tions that will justify such payment are those existing prior to the accident or created by it, such as mortgage indebtedness on the home of the employe. In such case both the indebtedness and attendant conditions must be set forth in detail, and if secured by mortgage, the location and description of the property must be given, the name and address of the mortgagee, and the office or place where the mortgage is filed or recorded. 3 LOCAL COMMON LAW RULES (313b; (192t) Rule 11. Appeals to Supreme Court. In case an appeal is lakeu to the Supreme Court by certiorari, it is incumbent upon the appellant, to prepare the return to such writ in much the same way that a bill of exceptions is prepared in cases appealed by writ of error. Such proposed return should be submitted to and served upon the opposite party, or his attorney, so as to give opportunity to prepare and submit amendments in substantially the same way as in settling bills of exceptions. The appellant at the time of serving the proposed return on the op- posite party should serve such opposite party with notice of the tune when the proposed return will be presented to the Board for settlement. This practice will give both parties an opportunity to be heard and to have all matters which they deem important included in such return. In cases where the proposed return is agreed upon between the parties, such agreement may be signified by a stipulation in writing attached to the proposed return. (192u) Rule 12. Findings of Fact and Law. If either party in a case desires to have findings of fact and law made by the Board for the purpose of an appeal to the Su- preme Court, such party shall prepare and submit to the Board proposed findings of law and fact in substantially the manner re- quired by rule in non-jury cases. Such proposed findings shall be served upon the opposite party together with notice of the time when the same will be presented for settlement before the Board. Such opposite party may draft and submit amendments to such proposed findings of fact and law, and also additional proposed findings, if deemed necessary. In case of disagreement on such proposed findings, the same will be settled by the Board in sub- stantially the same manner that is provided for settlement of the return to a writ of certiorari. Parties will aid the Board in this w ork by agreeing upon the facts to be found whenever possible, and in cases where they are unable to agree, they will aid the Board by reducing the matters in difference to the smallest possible com- pass. riacc Oil ])n,ii:o 234. UNITED STATE LOCAL co^r^rox law rules Elastoi'ii District of Miclii^'an. (313b) Rule 49. Disposal of all Cases at Issue for One Year. All law cases which have been at issue for one year, or in which no advancement has been made in the pleadings for a period (313c) LOCAL COMMON LAW RULES of one year, shall be placed upon the term docket by the Clerk, whether noticed by the parties or not. (313c) Rule 50. Calling of the Docket. The term docket shall be called at the opening of Court on the first day of the term, or at some adjourned date. (313d) Rule 51. Motions to Strike from Trial Docket. All motions to strike cases from the trial docket or to add cases to the trial docket shall be made at the time of the call of the docket. Such motions shall be in writing, duly verified. (313e) Rule 52. Motion for Continuance. All motions for continuance must be in writing, duly verified and made on the first day of the term, except for reasons arising subsequent to said first day of the term. Motions for continuance for reasons arising subsequent to the first day of the term must be made immediately after such reasons for continuance arise. (313f) Rule 53. Continuance by Stipulation. No cases will be continued by stipulation and only for good cause shown. (313g) Rule 54. Dismissal of Cases Not at Issue. All cases placed upon the trial docket pursuant to foregoing Rule No. 49, which are not at issue at the time of the call of the docket shall be dismissed for want of prosecution. (313h) Rule 55. Dismissal of Cases for Want of Prosecution. Any case not announced as ready for trial by either of the parties, on the call of the docket, and in which no good cause is shown for continuing the case over the term or striking it from the docket, shall be dismissed for want of prosecution. A notice of trial for the term will be construed by the Court as an announce- ment that the case is ready, unless good cause is shown for con- tinuance or striking the case from the docket. (313i) Rule 56. Order of Trial of Cases. Cases will be tried in the order in which they appear upon the term docket except when otherwise ordered by the Court. 7 U. S. CIRCUIT COURT OF AlMMiALS (3l3e) (313j) Rule 57. Clerk to Keep Cases on the Call. The Clerk will keep upon the call at all times during the term, three cases in addition to the one on trial, and the attorneys of record will be notified in writing, by mail, when their cases are placed upon the call. No other notice will be given to any other person or at any other time except in response to inquiries made of the Clerk. The call of the cases is entirely in the hands of the Clerk and will not be considered by the Court at chambers, and only on motion made in open Court. (313k) Rule 58. Dismissal of Cases for Non-appear- ance of Plaintiff. If when the case is called for trial the plaintiff does not ap- pear and no affirmative relief has been asked by the defendant, the case will be dismissed for want of prosecution. In all other cases the trial shall proceed when the case has been called. (3131) Rule 59. Filing of Depositions. All depositions shall be taken and filed in the case before the first day of the term, except where the necessity for taking the deposition arises after the first day of the term and then only on leave obtained from the court on special motion in writing, duly verified. Promulgated February 12, 1914. UNITED STATE CIRCUIT COURT OP APPEALS COURT RULES. The section numbers correspond as near as possible to those given in the Index to Beecher's Michigan Rule Book. THE SIXTH CIRCUIT. Promulgated by the Court, March 15, 1913. AssiKiinionts of Error. Objections to Evidence in the Recorrl. Allowance of Writ of lOrror or app<>al. .Supersedeas and Cost r.onds. Record and Return on Writ of Error and Appeals. Death of a Party. Proceedings in Forma Pauperis. Rule 1. Definitions. Rule 11. Rule 2. Name and Seal. Rule 12. Rule 3. Terms. Rule 4. Quorum. Rule 13. Rule .^. Clerk. Rule 6. ^Marshal, Crier and other Officers. liule M. Rule 7. Attorneys and Coun- selors. Rule 15. Rule S. Practice and Process. Rule 0. Service of Papers. Rule Ifi. Rule 10. Bills of Exceptions. Rule 17. (601) U. S. CIRCUIT COURT OF APPEALS 8 Rule IS. The Docket — Docket- Rule 26. Interest and Damages ins — Dismissing. Rule 27. Costs. Rule 19. Printing Records. Rule 28. Rehearings. Rule 20. Briefs. Rule 29. Mandate. Rule 21. Form of Printed Rec- Rule 30. Physical Exhibits. ords and Briefs. Rule 31. Library. Rule 22. The Hearing of Calen- Rule 32. Custody of Prisoners tlar. • on Habeas Corpu.s. Rule 23. Oral Arguments. Rule 33. Mandamus and Prohi- Rule 24. Motions and Hearings bition. Thereon. Rule 34. Petition to Revise in Rule 25. Opinions. Bankruptcy. (601) Rule 1. Definitions. In these rules "counsel" shall include attorneys, solicitors, proctors and advocates; "appellant" shall include, also, plaintiff in error, petitioner for review or mandamus, and any other party seeking review in this court; "appellee" shall include, also, defendant In error and any other party respondent in this court. (600) Rule 2. Name and Seal. 1. The court adopts "United States Circuit Court of Appeals for the Sixth Circuit" as the title of the court. 2. The seal shall contain the words "United States" on the upper part of the outer edge, and the words "Circuit Court of Appeals" on the lower part of the outer edge, running from left to right, and the words "Sixth Circuit" in two lines in the center, with a dash deneath. (602) Rule 3. Terms. One term of this court shall be held annually on the Tuesday after the first Monday of October, and adjourned sessions on the Tuesday after the first Monday of each other month in the year, except August and September. At the July session, no causes will be heard, except upon the special order of the court. All sessions shall be held at Cincinnati, unless otherwise specially ordered by the court. Place on page 348. (603) Rule 4. Quorum. If, at any term, a quorum does not attend on the day appointed for holding it, any judge who does attend ma-y adjourn the court from time to time, or, in the absence of any judge the clerk may adjourn the court from day to day. If, during a term, after a quorum has assembled, less than that number attend on any day, any judge attending may adjourn the court from time to time until there is a quorum, or may adjourn without day; or, in the absence of any judge, the clerk may adjourn the court for successive inter- vals of one week until a judge attends. 9 U. S. CIKCL IT COURT OF AI'I'KALS (^^O^j (604) Rule 5. Clerk. 1. The clerk's office shall be kept at Cincinnati. 2. The clerk shall not practice, either as attorney or counselor, in this court or in any other court. 3. He shall, before he enters on the execution of his office, take an oath in the form prescribed by Section 794 of the Revised Statutes, and shall give bond in a sum to be fixed, and with sureties to be approved by the court, faithfully to discharge the duties of his office and seasonably to record the decrees, judg- ments and determinations of the court. A copy of such bond shall be entered on the journal of the court, and the bond shall be de- posited for safe keeping as the court may direct. 4. He shall not permit any original record or paper to be taken from the court-room or from his office, without an order from the court, or a judge thereof. (605) Rule 6. Marshal, Crier and Other Officers. 1. The crier and bailiffs of the District Court of any district where this court may be in session, are hereby authorized to act also during such session as crier and bailiffs of this court. 2. A crier or bailiff specially appointed for this court shall, before he enters on his duties, take an oath in the form prescribed by Section 782 of the Revised Statutes. ;>. The marshal and crier shall be in attendance during the sessions of the court, with the number of bailiffs and messengers which the court may from time to time order. Place on page 349. (606) Rule 7. Attorneys and Counselors. An attorney and counselor admitted to practice and in good standing in the Supreme Court or in a District Court of the United States, or in the court of last resort in the state of his residence, may become attorney and counselor in this court on taking an oath or affirmation as prescribed by Rule 2 of the Supreme Court of the United States, and upon subscribing the roll. The fee for such admission shall be $10.00. Every person taking the oath and pfivine such fee shall be entitled to a certificate of his admission, signed by the clerk. (607) Rule 8. Practice and Process. 1. The practice shall be the same as in the Supreme Court of the United States, as far as the same shall be applicable. 2. All process of this court shall be in the name of tne President of the United States, and shall be in like form and tested in the same manner as process of the Supreme Court. ((:08) U. S. CIRCUIT COURT OF APPEALS 10 (608) Rule 9. Service of Papers. 1. Copies of all papers or proceedings filed by any party in any cause shall, at or before the time of filing, be served upon counsel representing each adverse interest, and proof or acknowl- edgement of such service shall be endorsed upon each paper filed. The clerk may insist upon such proof as a prerequisite to filing, or may file and require the prompt furnishing of such proof, as he may in each case think proper. 2. Service may be personal or by mail. If personal, it shall consist of delivery at his office to counsel or to a clerk therein. If by mail, it shall consist in depositing the same in the post-office with postage paid, addressed to the counsel at his post-otfice ad- dress,' which address shall include his street and number, unless the same are unknown. Each proof of service shall show a full compliance with this rule. (609) Rule 10. Bills of Exceptions. 1. The assignments of error required by rule 11 shall be filed at or before the settling of the bill of exceptions. The evidence in a bill of exceptions shall not be set forth in full, but shall be stated in simple and condensed form, all parts not essential to the decision of some one of the questions presented by the assign- ments of error being omitted, and the testimony of witnesses being stated only in narrative form, save that, if either party desires it and the judge so directs, any part of the testimony shall be re- produced in the exact words of the witness. 2. No general exception to the whole of any charge to a jury on trials at law shall be allowed in any bill of exceptions. Exceptions to a charge, in order to be allowed in a bill of exceptions, must be taken before the jury retires and must state distinctly the several matters of law to which exception is taken. In cases w^here exception is taken to part of a charge, and such exception may be affected by other parts or by the charge as a whole, the entire charge shall be included in the bill of exceptions. (610) Rule 11. Assignments of Error. The appellant shall file with the clerk of the District Court at or before the time of filing his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. When this is not done, counsel will not be heard, except at the request of the court, and errors not assigned according to this rule will be disregarded; but the court, at its option, may notice a plain error not assigned. 11 U. S. CIRCUIT COURT OF APPEALS (612j Place on page 350. (611) Rule 12. Objections to Evidence in the Record. In all cases of equity or admiralty jurisdiction heard in this court, no objection shall be allowed to be taken to the admissibility of any deposition, deed, grant, exhibit or translation found in the record as evidence, unless the record shows that objection was taken thereto in the court below and brought to the attention of the trial judge on the submission of the cause; but the same shall otherwise be deemed to have been admitted by consent. (636) Rule 13. Allowance of Writ of Error or Ap- peal. 1. An appeal from or writ of error to a District Court in the cases provided for in Sections 128, 129 and 130 of the Judicial Code approved March 3rd, 1911, may be allowed in term time or in vacation by the Circuit Justice, wherever acting, or by any Circuit Judge acting within the circuit, or by any District Judge acting within the district where the case was heard and authorized to hold court in that district; and the proper security may be taken and the citation be signed by him and he may also grant a supersedeas and stay of execution or of proceed- ings pending such writ of error or appeal. 2. Where such writ of error is duly allowed in a criminal case, the District Court in which the conviction occurred, or this court, or any judge of either court, shall have power after the citation is served, to admit the accused to bail In such amount as may be fixed. (612) Rule 14. Supersedeas and Cost Bonds. 1. Upon the allowance of any appeal to, or writ of error from, this court (except when allowed to a party proceeding in forma pauperis, or in other case where, by statute, no bond is required), the court or judge allowing shall take and approve a bond with good and sufficient security that the appellant shall prosecute his writ or appeal to effect, and answer all costs if he fail to make his plea good. 2. If the appeal or writ of error is to operate as a supersedeas, the court or judge shall, in the allowance, order that it have such effect upon the filing of the required bond, and in such case, the bond shall be conditioned to answer all damages and costs. Such Indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal: but in all suits where the property in controversy necessarily follows the suit, as in real actions and replevin, and in suits on mortgagts, or where the property is in the custody of the marshal under admiralty process, or where the (613) U. S. CIRCUIT COURT OF APPEALS 12 proceeds thereof, or a bond for the value thereof, are in the cus- tody of the court, indemnity will be required only in an amount sufficient to secure the sum recovered for the use and detention of the property, and the costs of the suit and just damages for delay, and costs and interest on the appeal. (613) RtQe 15. Records and Returns on Writs of Error and Appeals. 1. All appeals, writs of error and citations must be made returnable not exceeding thirty days from the day of allowing the appeal in open court or signing the citation, whether the re- turn fall in vacation or in term time, and must be served before the return day. Place on page 351 2. The clerk cf the District Court shall make return to any writ of error to, or appeal from, that court, by transmitting, certi- fied under his hand and the seal of the court, a transcript of the record in the District Court, prepared as directed by other pro- visions of this rule. He shall make such return on or before the return day, unless the time therefor be extended as otherwise provided in these rules. 3. In all appeals, not in admiralty (and save in cases under General Equity Rule 77), the transcript- — the contents of which are to be determined pursuant to clauses (a) and (c) of General Equity Rule 75 — shall always include: (1) the statement of evi- dence; (2) the clerk's certificate showing what portions are in- cluded by request of each party; (3) any opinion or memorandum filed by the judge pertaining to the matter involved in the appeal; (4) the pleadings affecting the decree or order appealed from, and such order or decree; (5) all proceedings relating to the appeal and the security given thereon, together with a copy of the citation, if one there was, and the evidence of service; (6) in cases removed from the state court, the full transcript on removal; and (7) in bankruptcy, shall also contain the petition for adjudication and the order thereon. It shall omit: (1) all formal proceedings to bring into court parties who afterwards appear generally, unless such proceedings are involved in the desired review; and (2) all motions or petitions filed and all affidavits in connection therewith, and all orders made and proceedings had thereon, unless such matters are involved in the desired review. It shall carry, at the beginning of each paper, the name thereof, and the date when it was filed, omitting the title of the court and the cause and all formal en- dorsements (Note 2). Orders and decrees shall carry a short, descriptive title with the date and entry and the name of the judge, but without other caption (Note 3). Exhibits or documents shall not be duplicated, but a cross reference shall be made. 4. Upon writ of error from this court, the contents of the transcript shall be determined and the transcript made up in the same manner provided by clauses (a) and (c) of General Equity 13 U. S. CIRCUIT COURT OF APPEALS (618) Rule 75 and clause 3 of this rule, both applied as near as may be to an action at law. Such transcript shall contain also a copy of the bill of exceptions, the assignments of error and the writ of error. 5. The original citation with proof of service and the original writ of error shall be filed with the clerk of the court below and be by him transmitted with the transcript to the clerk of this court. « 6. Whenever it shall be necessary or proper, in the opinion of the District Judge, that original papers or exhibits of any kind shall be inspected in this court upon review, he may make such lule or order as to him may seem proper for the safe-keeping, transporting and return of such original papers and exhibits; and this court will receive and consider such originals in connection with the transcript. 7. The record, in cases of admiralty and maritime jurisdiction, shall be made up as provided in General Admiralty Rule 52. 8. On motion duly made, or on its own motion, this court will order portions to be stricken from the transcript, or additions to be made thereto by supplementary return, as may appear proper. (Note 2)— e. g., "ANSWER, Filed February 1, 1913." (Note 3)— e. g., "FINAL DECREE, Entered February 1, 1913, by Judge Place on page 352 (618) Rule 16. Death of a Party. ' 1. Whenever a party to a case pending in this court shall die, the personal representative may suggest the death upon the record, filing evidence of his representative capacity, and designa- ting counsel, and thereupon the case shall stand as revived in be- half of or against the interest of the deceased party, and the cause shall proceed as in other cases. 'I. Where a party to a case pending in this court shall die and his personal representative does not, within sixty days after such death, appear under clause 1, any other party in interest may suggest such death upon the record, filing evidence of the due ap- pointment of a personal representative, and thereupon, and without notice, the court or any judge thereof will make an order that such personal representative appear and designate counsel. In default of such appearance, within thirty days after service on such personal representative of a certified copy of such order, the ad- verse party, on proof of such service and without further notice, may have, from this court an order either to revive the cause and direct that it proceed as to the interest held by the deceased party or to dismiss the case as to such interest, as may be by the court thought proper. (615a) U. S. CIRCUIT COURT OF APPEALS 14 3. If the death of a party is brought to the attention of this court, and proceedings are not taken under clause 1 or clause 2 sufficiently to dispose of the resulting situation, the court will, on its own motion, direct such steps to be taken as are proper to dispose of the case or expedite the hearing. 4. Wlienever any party to a suit pending in a District Court shall die, and because of such death and because of the absence of any personal representative of the deceased within the jurisdic- tion of the District Court and any means of compelling the ap- pointment of such a representative within such jurisdiction the adverse party is not able to have the case revived in the District Court and to proceed with the desired review in this court, the adverse party desiring a review may proceed as if such death had not occurred, and may have supersedeas as in other cases, serv- ing all required papers and notices upon such persons as, in the judgment of the District Court, will be most likely to give notice to all persons interested in the estate, and as may be directed by the District Court. When the record in such a case has been filed in this court, the same proceedings shall be had as specified in clauses two and three, or the Court will take such proceedings as may to it seem advisable to bring in the proper parties. (615a) Rule 17. Proceedings in Forma Pauperis. 1. Applications for leave to proceed in this court pursuant to the Act of July 20th, 1892, as amended July 25th, 1910, must be by special motion with notice under Rule 24. If made before return is filed in this court, notice shall be served upon the adverL^e counsel in the District Court. The showing by affidavit must be sufiicient to satisfy this court that the appellant is entitled to the benefit of the act. 2. If appellant was plaintiff or complainant below, he must, with his application to this court, make it appear whether or not any other person — ^attorney, counsel, or otherwise — is beneficially interested in the recovery sought, and, if so, that every such person is, because of his poverty unable to pay, or give security for, the costs from which appellant seeks to be excused. Place on page 353 (616) Rule 18. ing. The Docket — Docketing — Dismiss- 1. The clerk shall enter upon the docket in their proper chronological order all cases brought to or in this court. 2. The appellant shall docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time, and at the time of filing the record, the appellant shall deposit with the clerk the sum of thirty-five dollars as security for costs, except in cases in which the proper showing is made and an order of this court is entered 15 U. S. CIRCUIT COURT OV APPEALS (622) thereon allowing the cause to proceed in forma pauperis, and except in the cases where, by statute, advance payment of costs is not required. Foor good cause shown, the justice or judge who signed the citation, or any judge of this court, may enlarge the time for return at or before its expiration, the order of enlarge- ment to be returned with the record and filed with the clerk of this court. If the appellant fail to comply with this rule, the appellee may have the cause docketed and dismissed, upon pro- ducing a certificate from the clerk of the court wherein the said judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. In no case shall the appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court. 3. The appellee may, at his option, docket the case and file a copy of the record with the clerk of this court; and if the case is docketed and a copy of the record filed with the clerk of this court by the appellant within the period of time above limited and prescribed by this rule, or by the appellee at any time there- after, the case shall stand for argument. 4. The appearance of the counsel docketing the case shall thereupon be entered upon the docket. 5. All subsequent papers filed, orders made and proceedings had, shall be noted upon the docket. 6. WTienever counsel for appellant and appellee shall, in vacation, sign and file with the clerk an agreement in writing directing the case to be dismissed and specifying the terms as to costs, on which terms it is to be dismissed, and shall pay to the clerk any fees due, he shall enter the case on his docket as dismissed and give to either party requesting it a copy of the agreement filed; but no mandate or other process on such dis- missal shall be issued without the order of the court. Place on pages 354 and 355 (622) Rule 19. Printing Records. 1. In cases where the record is printed by the appellant under Act of February 13, 1911, he shall file with the clerk twenty- five printed copies thereof within the time as limited or extended for making return to writ of error or appeal. The clerk shall examine the printed records so offered to ascertain whether the transcript complies with Rule 15, and also, whether the printed records comply with the statute and are properly indexed. If, in his judgment, they are insufficient in any particular, he shall bring the matter to the attention of the court, which will there- upon make such order as to it may seem proper for corrected or supplementary return and printed records. As soon as the printed records are approved as filed or perfected as ordered, the clerk shall deliver one copy to each counsel or group of counsel representing a separate interest, and shall continue such distri- bution as counsel subsequently appear. 2. The clerk shall, from time to time and as directed by the senior Circuit Judge, receive proposals for printing such records (622) U. S. CIRCUIT COURT OF APPEALS 16 as are to be printed by the clerk, which proposals shall be sub- mitted to such judge, who will, in his discretion, award such print- ing to the most satisfactory bidder; and the same shall be done, during the period of such award, by the person to whom it is made. 3. In cases where appellant is not proceeding under such statute, the clerk shall at once, upon the docketing of the case, cause an estimate to be made of the cost of printing the record, including his supervising fee as provided in the table of costs following Rule 27, and notify counsel for appellant of the estimat- ed amount, which shall be paid to the clerk within ten days after such notice. If not so paid, the case may be dismissed upon motion or by the court upon its own motion. Supplemental esti- mates and payments thereof shall be made, if necessary; any excess payment shall be refunded, when the printing is finished. When the record was printed upon a former review of the same case, and enough old records to be reasonably sufficient for use upon the hearing are on file or available, the use of such old records, in lieu of printing, will be permitted, upon the order of the presiding judge, and to the extent specified in such order. 4. At once, upon the payment of such estimate, the clerk shall cause twenty-five copies of the record to be printed forthwith, shall file the same and shall distribute three copies of the same to counsel for each separate adverse interest then or thereafter ap- pearing. Before printing, he shall examine the transcript to ascer- tain whether it complies with Rule 15, and if, in his judgment, it omits anything required by that rule, he shall submit the matter to the court, which will make such order as to it may seem proper regarding a corrected or supplementary return; and the printing shall be delayed until the filing of any further return so ordered. In printing, the clerk shall omit any matters contained in the transcript which, by Rule 15, are required to be omitted. If the appellant shall in writing and before the record is printed, re- quest the clerk so to do, he shall print fifty copies instead of twenty-five. If the appellee shall request such additional copies to be printed, the clerk shall comply with such request, if the appellee, upon demand, advances to him the estimated cost of printing the additional twenty-five copies. If, later, a review in the Supreme Court is sought, the clerk shall deliver such twenty- five copies to the party seeking a review; but if such additional records are wanted by the party who did not pay for the printing thereof, the clerk shall require payment to him of the actual cost of such additional printing and shall refund the same to the party who had paid therefor. 5. Where the record is printed by the appellant, he shall file therewith proof by affidavit of the actual cost of such printing, including the amount paid to the clerk in the District Court for the transcript. The amounts paid to the clerk of the District Court for the manuscript transcript and to the clerk of this court for printing and for his fees in connection therewith, or the amounts so shown to have been paid below by appellant (not exceeding, for printing, the amount which printing and supervision by the clerk of this court would have cost) shall form a part of the costs 17 U. S. CIRCUIT COIKT OF A I'l'EALS (623) of the cause in this court and shall be taxed against the party against whom the costs are given and shall he inserted in the mandate or other proper process. Place on page 356 (623) Rule 20. Briefs. 1. Counsel for appellant, within twenty-five days after the filing of the printed copies of the record, shall file with the clerk twenty printed copies of a brief. 2. This brief shall contain, in order here stated: (1) A concise abstract or statement of the case, presenting succinctly the questions involved, and the manner in which they are raised; (2) A brief of the argument, exhibiting a clear statement of the points of law or fact to be discujssed, with a reference to the pages of the record, and the authorities relied upon in support of each point. When a statute of a state is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length. 3- Within thirty days after service of appellant's brief, counsel for appellee shall file with the clerk twenty printed copies of his brief, which shall be of like character to that required of appellant, except that no statement of the case shall be required. 4. Subsequent briefs may be filed by either party: by the appellant, not less than twenty days, and by the appellee, not less than ten days, before the case is put on call for argument. Later briefs will not be received by the clerk or by the court, without permission of the court or one of the judges thereof. 5. Every brief of more than twenty pages shall contain, on its front fly leaves, a subject index with page references, the subject index to be supplemented by a list of all cases referred to, alphabetically arranged, together with references to the pages of the brief where the cases are cited. 6. At or before the time of filing any brief, two copies thereof shall be served upon each adverse counsel who has ap- peared in this court, and if there has been no appearance here for appellee, then upon his counsel in the court below: and the clerk shall require proof or acknowledgement of such service to be filed with the briefs. 7. When an appellant is in default under clause 1 of this rule, the case may be dismissed on motion, or further time may be granted; when an appellee is in default under clause 3 of this rule, the appellant may bring such default to the attention of the court by motion for a summary judgment of reversal, and thereupon the court will entertain such motion, or grant further time, as may seem proper; at the hearing, a party who has not filed a brief as required by this rule, will not be heard orally, unless the court shall so request. (52,")) U. S. CIRCUIT COURT OF APPEALS IS (625) Rule 21. Form of Printed Records and Briefs. 1. Records printed by the clerk shall be of a uniform size, printed in small pica type, 24 pica ems to a line, 48 lines to a page, solid, with index and suitable cover, containing the title of the court and cause, the court from which the case is brought to this court and the number of the case; size of pages to be 9i^ by 6i/< inches, except that in patent cases, the size of the page will be 10)4 ^y '^^'i inches — that is to say, large enough to bind in copies of Patent Office drawings and specifications without folding. The type shall be of a clear, strong face, substantially equiva- lent to that in which this rule is printed, and the paper shall be wholly unglazed. Each page shall carry, as a running head, in addition to the 48 lines, the name of the paper or of the witness testifying, as found on that page. Each pleading, order, exhibit or other paper shall be separated from the preceeding matter by a two inch space, and shall be headed by its title, in black-face capitals, and its filing date (e. g., "ANSWER — Filed February 15, 1913"). The full title of the court and cause below shall be given on the title page; elsewhere, both shall be omitted. 2. Printed arguments and briefs of attorneys shall conform, as far as practicable, to the side and style of the printed record, but shall contain about 36 lines to the page, and be leaded with at least two-point leads. Place on page 357 (625a) Rule 22. The Hearing of Calendar. 1. Upon the expiration of the time limited for filing briefs, the case shall stand for hearing when reached. 2. A calendar, containing all cases docketed and not heard, shall be printed by the clerk for the October, January and April sessions. The cases on the calendar which stand for hearing under clause 1 will be called for argument in their order (as far as practicable) on the calendar, except as special advancements may have been made. 3. By leave of court and on motion of either partv (1) cases entitled by statute to precedence, (2) criminal caes, (3) appeals, writs of error or petitions to revise in bankruptcy matters, and (4) cases which are for the second time in this court, — may be advanced and set for a designated session. The court may also, on its own motion or for good cause shown on motion of either party, advance any case to be heard at any session, though the time permitted under the rules for filing briefs may not have expired at the day set for hearing. 4. Not more than three cases will be heard on one day (counting, however, as one case, two or more which are heard together). The call for the next day shall, at the adjournment of court, be exhibited in the clerk's office. Counsel choosing to rely on the judgment of the clerk as to the probable time of hearing any case must do so at their own risk. 19 U. S. CIRCUIT COURT OF APPEALS (620) 5. When the case is called, if either party is ready, the case will be heard. If there is no appearance for either party, the case will be dismissed. If the appellant does not appear by counsel or by printed brief but the appellee does appear, the case will be dismissed. If the appellant appears and the appellee does not, the court will hear the appellant. 6. By agreement of counsel in open court or by stipulation filed in the clerk's office, hearing may be continued once to any later session during the term or from the last session of one term to the first session of the next term, but not to a later day during the same session. Subsequent continuances can be made only by the court and will be only for reasons satisfactory to the court; and engagement of counsel in other courts will not be considered good cause. 7. Two or more cases, involving the same question, may, by order of the court, be heard together, but they must be argued (624) Rule 23. Oral Arguments. 1. Cases will not be taken upon briefs, without oral argu- ment, except by permission of the court on special application made before the case is reached. 2. The appellant shall be entitled to open and to conclude. Cross appeals or cross writs of error shall be argued together as one case, and the plaintiff below shall be considered as appellant under this rule. 3. Two counsel, and no more (unless by special permission), may be heard for each party; but where no brief is filed and no counsel is heard for one party, only one counsel will be heard for the adverse party. 4. One hour and one-half on each side will be allowed for argument, and no more, unless by leave of the court granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side at their dis- cretion, provided that a fair opening of the case is made by the appellant. Place on page 357. (620) Rule 24. Motions and Hearings Thereon. 1. Motions shall be filed with the clerk and shall contain a brief statement of the facts and of the objects of the motion, and be accompanied by such affidavits as are thought proper. 2. Counsel making the motion shall serve a copy thereof and of the accompanying papers and a notice of hearing upon the as one cause. adverse counsel, and also copy of any brief or argument to be presented in support of the motion. Such notice may be for any day after four days from the service. The opposing party may, on or before the day named in the notice or within any extension of time made by the court or a judge thereof, file counter showing or brief; and the motion will then stand submitted, unless oral argument is directed. Except by stipulation, no motion will be considered without acknowledgement or proof of such notice. (627) U. S. CIRCUIT COURT OF APPEALS 20 3. Upon motions, there will be no oral argument, except by- leave of the court first obtained; and in such case, the court will fix the day for hearing and the time to be allowed for argument, and the clerk will notify counsel. (627) Rule 25. Opinions. 1. All opinions delivered by the court will, immediately upon the delivery thereof, be handed to the clerk to be recorded. 2. The clerk shall cause to be printed any manuscript opinion filed with him. An opinion printed under the supervision of the clerk or of a judge need not be copied into a book of records; but at the end of each term, the clerk shall cause such printed opinions to be bound in a substantial manner into one or more volumes, and when so bound, they shall be deemed to have been recorded within the meaning of this rule. Place on page 358 (629) Rule 26. Interest and Damages. 1. Where a judgment or decree of the District Court at law, in equity, bankruptcy or admiralty, requiring the payment of money, is affirmed by this court, interest thereon from its date and until payment shall be calculated and levied at the same rate borne by similar judgments or decrees in the courts of the state where such District Court sits. 2. Where, in any such case, the review in this court has •delayed proceedings to collect the award in the District Court, and shall appear to this court to have been had or prosecuted merely for delay, damages at a rate not exceeding ten per cent, of the award, and in addition to interest, may be imposed by this court. (630) Rule 27. Costs. 1. Where any case shall be dismissed out of this court for lack of jurisdiction herein, only such costs as are incidental to hearing and determining the question of jurisdiction will be awarded; in all other cases (except when provided by statute or general rule), upon the final disposition of a proceeding in this court, costs will be awarded to the party here prevailing, unless the court, by special direction, denies, otherwise awards or ap- portions the costs. 2. In cases to which the United States is a party, no costs in this court will be awarded. 3. In denying or apportioning costs under clause 1, the court will enforce, as far as possible, the duty of each party to confine within the limits prescribed by Rules 10 and 15 the bill of excep- tions, statement of evidence and transcript. 4. The cost of stenographers' tarnscripts of testimony used in settling a bill of exceptions or a statement of evidence, will not be taxed in this court, but shall be awarded and taxed by the 21 U. S. CIRCUIT COURT OF APPEALS (628) court below after mandate, as this court may direct, or, lacking such direction, as to that court shall seem proper. ij. When costs are allowed, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate or other process sent to the court below, and annex to the same a bill of items taxed in detail. 6. The proper fees of the clerk therefor shall be paid before any transcript of the record in any case shall be transmitted to the Supreme Court. TABLE OF COSTS. Order Promulgated by the Supreme Court of the United States February 28, 1898. Ordered, In pursuance of the Act of Congress of February 19, 1897 (29 Stat. 536, c. 263), that the following table of fees and costs in the Circuit Courts of Appeals be, and the same is hereby, established, to take effect on the first day of March, A. D. 1898, and no other fees and costs than those therein named shall there- after be charged: Docketing a case and filing the record $ 5 00 Entering an appearance 25 Transferring a case to the printed calendar 1 00 Entering a continuance 25 Filing a motion, order or other paper 25 Entering any rule, or making or copying any record or other paper, for each one hundred words 20 Entering a judgment or decree 1 00 Every search of the records of the court and certifying the same 1 00 Affixing a certificate and a seal to any paper 1 00 Place on page 359. Receiving, keeping and paying money in pursuance of any statute or order of court, one per cent, on the amount so received, kept and paid. Preparing the record for the printer, indexing the same, supervising the printing and distributing the copies, for each printed page of the record and index 25 Making a manuscript copy of the record, when required by the rules, for each one hundred words (but nothing in addition for supervising the printing) 20 Issuing a writ of error and accompanying papers, or a man- date or other process 5 00 Filing briefs, for each party appearing 5 00 Copy of an opinion of the court, certified under seal, for each printed page (but not to exceed five dollars in the whole for any copy) .- 1 00 Attorney's Docket fee 20 00 (628) Rule 28. Rehearings. A petition for rehearing after judgment can be presented only within thirty days (at the same or succeeding term) after the (631) U. S. CIRCUIT COURT OF APPEALS 22 day when the printed opinion of the court is filed, and can be obtained by counsel for the parties (which date the clerk will note upon the docket), unless by special leave granted during such thirty days by the court or a judge thereof, and must be printed, and briefly and distinctly state its grounds, and be supported by certificate of counsel, and will not be granted, or permitted to be argued, unless a judge who concurred in the judgment desires it and a majority of the court so determines. (631) Rule 29. Mandate. In all cases finally determined in this court, a mandate, or other process in the nature of a procedendo, shall be issued to the court below, for the purpose of informing such court of the pro- ceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. Such mandate shall not issue until time has elapsed for filing a petition to rehear, as defined by Rule 28; and no mandate or other process of procedendo shall issue when a petition to rehear is pending, unless specially ordered. Every mandate shall be accompanied by a copy of the opinion filed in the cause in which it is issued, and the charge for the same shall be taxed in the costs of the case. In cases not requiring special form of process, the mandate (unless otherwise directed by the court or a judge thereof) shall be issued by the clerk upon the expiration of time for filing re- hearing petition, or upon the denial of such petition, and as well in vacation as in term time. (633) Rule 30. Physical Exhibits. 1. Physical exhibits, not returned with the record but which are to be used on the hearing, shall be placed in the custody of the marshal of this court at least ten days before the case is heard or submitted. 2. All such physical exhibits shall be taken away by the parties promptly after the mandate issues. When this is not done, it shall be the duty of the Marshal to notify the counsel in the case, by mail or otherwise, of the requirements of this rule, and if the articles are not removed within reasonable time after the notice is given, he shall destroy them or make such other disposition of them as to him may seem best. Place on page 360. (635) Rule 31. Library. All fees collected by the clerk, which are not by law required to be deposited by him in the treasury of the United States, shall constitute a fund to be expended by the clerk under the direction of the presiding judge, in the purchasing, repairing and rebinding 23 U. S. CIRCUIT COURT OF APPEALS (636a) of law books for the library of the cotirt; and it shall be his duty to render to the court, for its examination and approval, an annual account of such fees received by him and of his disburse- ments thereof. (632) Rule 32. Custody of Prisoners on Habeas Corpus. 1. Pending an appeal from the final decision of any court or judge declining to grant the writ of habeas corpus, the custody of the prisoner shall not ba disturbed. 2. Pending an appeal from the final decision of any court or judge discharging the writ after it has been issued, the prisoner shall be remanded to the custody from which he was taken by the writ, or shall, for good cause shown, be detained in custody of the court or judge, or be enlarged upon recognizance, as hereia- after provided. 3. Pending an appeal from the final decision of any court or judge discharging the prisoner, he shall be enlarged upon recognizance with surety for appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. (636a) Rule 33. Mandamus and Prohibition. 1. The alternative writ of mandamus will not be issued, but, on proper showing, an order to show cause will be made. 2. The party desiring a writ of mandamus or prohibition shall file his petition therefor and showing in support thereof together with such brief or memorandum as he may desire. These need not be, at this time, printed, and notice need not be given. He shall deposit ten dollars with the clerk on account of fees. The clerk shall enter the application on his docket, and informally sub- mit the papers to the court. ?>. If the court is of opinion that the application justifies a hearing, an order to show cause will be entered returnable as promptly as the situation permits; if of contrary opinion, an order of denial will be made, and the clerk shall notify the applicant accordingly, enter the case on his docket as closed and return to the applicant the surplus, if any, of the fee deposited. 4. If such order to show cause is made, the clerk shall deliver a certified copy to the appellant, who shall cause the same to be served within the time and in the manner fixed in the order. An answer or return shall be filed .on or before the return day as specified in the order or as extended by a judge of this court. Unless within ten days after the filing of such answer or return the appellant makes special motion to award and frame an issue, or, if an issue is framed, then upon the return of the proceedings thereon, and unless the court orders a hearing as upon motion, the matter shall stand for hearing upon the calendar, and the clerk shall receive the remaining twenty-five dollars of the usual fee deposit, estimate and require a deposit for printing and print the record, briefs shall be filed and the matter, in all respects proceed like other docketed causes. (636b) U. S. CIRCUIT COURT OF APPEALS 24 (636b) Rule 34. Petitions to Revise in Bankruptcy. 1. A petition to revise shall contain: first, a concise history of so much of the proceedings before the referee and the District Court as may be necessary to make plain the errors assigned; second, an assignment of the errors in respect to which revision in matter of law is sought; third, as exhibits to the petition, copies certified by the Clerk of the District Court of each paper or pro- ceeding relied upon to support the errors assigned; and fourth, any findings of fact that may be filed pursuant to clause 2 hereof; but a petition to revise shall not be filed so late as to delay the hearing of any appeal that may have been taken in the same matter; and it may incorporate, by reference and without repeating, any parts of the return in such appeal. 2. Wlienever the District Court has made any order in a proceeding in bankruptcy which involves or depends upon facts made to appear otherwise than solely by the pleadings in the mat- ter, and the District Judge is notified in writing by any party that he intends to file a petition to revise and deems findings of fact to be necessary, il shall be the duty of the District Judge, as soon as possible, to make and file with the clerk of the District Court his findings of fact in such matter. 3. At or before the filing of such petition, a complete copy thereof shall be served upon counsel for each separate, adverse interest, and the petition, when offered for filing, shall contain due proof or acknowledgment of such service. 4. 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