OF THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT ADOPTED IN OPEN COURT, JUNE 16, 1891. REVISED JANUARY 31, 1910, WITH AMENDMENTS SINCE ADOPTED 1. NAME. 1. The court adopts "United States Circuit Court of Appeals for the Third Circuit" as the title of the court. 2. SEAL. 1. 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 "Third Circuit" in two lines in the centre, with a dash beneath. 1. The terms of this court shall commence and be held on the first Tuesday of March and the first Tuesday of October in each year, at the city of Philadelphia. 4. QUORUM. 1. If, at any term, a quorum does not attend on any day appointed for holding it, any judge who does attend may 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 day to day until there is a quorum, or may adjourn without day, and, in the absence of all the judges, the clerk may adjourn the court from day to day. 2. Any judge attending when less than a quorum is present may make all necessary orders touching any suit, proceeding, or process depending in or returned to the court preparatory to hearing, trial, or decision thereof. 5. CLERK. 1. The clerk's office shall be kept in the city of Philadelphia. 2. The clerk 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. 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, judgments, and determinations of the court. A copy of such bond shall be entered on the journal of the court, and the bond shall be deposited 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 the office, without an order from the court. 6. MARSHAL, CRIER AND OTHER OFFICERS. 1. The marshal and crier shall be in attendance during the sessions. of the court, with such number of bailiffs and messengers as the court may, from time to time, order. 7. ATTORNEYS AND COUNSELLORS. 1. All attorneys and counsellors admitted to practice in the Supreme Court of the United States, or in any District Court of the United States, shall become attorneys and counsellors in this court, on taking an oath or affirmation in the form prescribed by rule 2 of the Supreme Court of the United States and on subscribing the roll, but no fee shall be charged therefor; and all attorneys and counsellors of the District Courts of the United States for the Third Circuit, shall be attorneys and counsellors of this court without taking any further oath. 8. PRACTICE. 1. The practice shall be the same as in the Supreme Court of the United States, as far as the same shall be applicable. 9. PROCESS. 1. All process of this court shall be in the name of the President of the United States, and shall be in like form and tested in the same manner as process of the Supreme Court. 10. BILL OF EXCEPTIONS. 1. The judges of the District Courts shall not allow any general exception to the whole of the charge to the jury in a civil or a criminal trial at common law, nor shall a series of exceptions be allowed which produces the same result. But the party excepting shall state distinctly and separately the several matters in such charge to which he excepts, and only such matters shall be included in the bill of exceptions and allowed by the court. Exceptions to the charge or to the judge's action upon the requests for instruction shall be taken immediately on the conclusion of the charge before the jury retire, shall be specified in writing or dictated to the stenographer, and shall be specific and not general. 2. Exceptions to the admission or rejection of evidence shall be specific and not general, and the bill of exceptions to such admission or rejection shall contain only so much of the evidence admitted or offered and rejected as is necessary for the presentation and decision of the questions saved for review. Unless there be saved a question which requires the consideration of all the evidence, a bill of exceptions containing all of it shall not be allowed. 11. ASSIGNMENTS OF ERROR. 1. The plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, his assignments of error, as required by section 997 of the Revised Statutes, which shall set out separately and particularly each error asserted and intended to be urged. [See rule 14, section 6.] When the error alleged is to the admission or the rejection of evidence, the assignment shall quote the full substance of the evidence admitted or rejected; when the error alleged is to the charge of the court, the assignment shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused; when the error alleged is based on the trial court's refusal to enter a judgment non obstante veredicto for the plaintiff in error on the whole record, the assignment shall state the reasons presented to the trial court for the entry of such judgment; when the error alleged is to a ruling upon the report of a master or referee, the assignment shall state the exception to the report and the action of the court upon it. Such assignments of error shall form part of the transcript of the record and be printed with it. When error is not so assigned, counsel will not be heard, except at the request of the court, and errors not assigned according to this rule will be disregarded. The court, at its option, however, may notice a plain error not assigned. 12. OBJECTIONS TO EVIDENCE IN THE RECORD. 1. 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 objection was taken thereto in the court below and entered of record; but the same shall otherwise be deemed to have been admitted by consent. 13. SUPERSEDEAS AND COST BONDS. 1. Supersedeas bonds in the District Courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect, and answer all damages and costs if he fail to make his plea good. 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 mortgages, or where the property is in the custody of the marshal under admiralty process, or where the proceeds thereof, or a bond for the value thereof, is in the custody of the court, indemnity in all such cases 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. 2. On all appeals from any interlocutory order or decree granting or continuing an injunction in a District Court, the appellant shall, at the time of the allowance of said appeal, file with the clerk of such District Court a bond to the opposite party in such sum as such court shall direct, to answer all costs if he shall fail to sustain his appeal. |