AMENDMENTS TO RULES. Cere 3 146 7875 V.14 SUPREME COURT OF THE UNITED STATES. OCTOBER TERM, 1893. It is ordered that clause 6 of rule 21 be, and it is, amended by substituting therefor the following: 6. When no oral argument is made for one of the parties, only one counsel will be heard for the adverse party. Promulgated December 11, 1893. UNITED STATES CIRCUIT COURT OF APPEALS. B First Circuit. At a session of the United States circuit court of appeals for the First circuit, held in the city of Boston, in the district of Massachusetts, on the twenty-third day of February, Anno Domini eighteen hundred and ninety-four. PRESENT: HON. LEBARON B. COLT, CIRCUIT JUDGE. HON. WILLIAM L. PUTNAM, CIRCUIT JUDGE. Ordered, the rules of this court are amended as follows: First: To the sixth paragraph of rule 14 is added: The testimony in such record shall embrace the viva voce proof in the district court, if the same, or the substance thereof, has been reduced to writing with the approval of its judge. The reasonable cost of so reducing the same to writing may be taxed as a part of the cost of the record, except so far as allowed as costs in the district court. Second: New paragraphs are added to rule 14 as follows: 7. Further proof in instance causes in admiralty shall include only that which could not with diligence have been had at the trial below, or which was there rejected, or was omitted through misapprehension, provided the evidence be accompanied with a certificate of counsel showing reasonable excuse for the misapprehension. Except by order of the court first obtained, merely cumulative proofs shall not be so taken; but for this purpose the evidence of witnesses who had different duties, interests, or opportunities of observation, will not ordinarily be held cumulative in cases of collision or other maritime tort. 8. Such further proof may be taken after the appeal is allowed, in the manner provided by law for depositions de bene esse, or by an examiner appointed by any circuit or district judge, or selected by the parties, or upon interrogatories and commissions as provided in rule 44 of the circuit courts of this circuit, mutatis mutandis. It must be taken and filed forthwith after it is obtainable, but it cannot, except by order of the court, be taken or filed within thirty days before any session at which the cause may be heard as provided in paragraph 2 of rule 17, nor thereafterwards until the cause has been postponed to the next term or session. 9. Objections to further proof shall be filed with the magistrate and returned with the evidence. Within seven days after the evidence is taken, the party so objecting may file in print a motion to suppress the same, with a copy of the objections and a brief. The other party may within seven days thereafter file in print a counter-statement and brief. The objections and counter-statement, so far as they contain matters of fact dehors the record, shall be verified by affidavit. The court will consider the objections in advance of the trial, 14s.c. (iii) 132933 or in connection therewith, as it may in each case determine, and without oral argument, and will order suppressed evidence not rightfully taken. The party taking the evidence so suppressed shall pay the costs arising therefrom, including the printing thereof. 10. Nothing herein shall exclude applications for leave to take further proof, or objections thereto, in advance of the taking thereof, or objections touching the formalities of taking it; but the latter must be brought to the attention of the court forth with after the evidence is filed. Third Circuit. In the circuit court of appeals for the third circuit the following order was made October 13, 1893: The general order regulating the sessions of this court, adopted June 16, 1891, is amended as follows: Hereafter the March term of this court shall commence on the first Tuesday of March. In the circuit court of appeals for the third circuit, December 7, 1893, in lieu of the rule then existing nunibered 23, the court adopted the following rule, to apply to cases thereafter brought: 23.1 PRINTING RECORDS. 1. On the filing of the transcript the clerk shall forthwith cause twenty copies of the record to be printed, and shall furnish three copies thereof to each party at least six days before the case is called for argument, and shall file fourteen copies thereof in his office. The parties may stipulate in writing that parts only of the record shall be printed, and the case may be heard on the parts so printed, but the court may direct the printing of other parts of the record. The clerk may demand of the plaintiff in error or appellant the cost of printing the record before ordering the same to be done. If the record shall not have been printed when the case is reached in the regular call of the docket because of the failure of a party to advance the cost of printing, the case may be dismissed. In case of reversal, affirmance, or dismissal, with costs, the amount paid for printing the record shall be taxed against the party against whom costs are given. 2. The clerk shall receive from either party, and use as parts of the printed record, so far as the same may be of proper and convenient size and type, any portions which have been printed in any other court, and also printed copies of patents and other exhibits, allowing the party furnishing the same such sum therefor as the clerk deems reasonable, to be added to and form a part of the cost of printing. Fourth Circuit. 35. Ordered, that hereafter the clerk in making his docket shall not set down for argument any cause for any Saturday of the term for which such docket is intended, and that this court will meet on said days for consultation only. Passed May 29, 1894. Sixth Circuit. 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. 1 For rule 23, as originally adopted in the third circuit, see 12 Sup. xiii.; as amended September 22, 1892, see 14 Sup. vi. |