COURT OF APPEALS OF KENTUCKY 1 The Clerks of Lower Courts and Attorneys are requested not to write The following were ordered to be recorded | ordered or heard on the part of the party as rules of practice of the court: I. In accordance with section 118 of the Constitution, this court after January 1, 1895, will be divided into two departments, each one of which shall consist of three judges, besides the chief justice, who shall preside over each department. Each division shall sit on alternate days during each week, when not in joint session, to hear arguments and motions, and deliver opinions. Opinions shall be delivered as the judgment of the court without reference to the department delivering them. When the chief justice is absent, or, if present, from any cause fails to preside, the judge next oldest in commission shall preside with each department, and shall require the presence of a judge from either department when necessary to constitute a majority of the entire body. The cases, when submitted, shall be assigned by the chief justice to each department, and in such a manner as to equalize the burden. II. Whenever a case involves a constitutional question, either federal or state, or in any case where, in the opinion of the chief justice, the importance of the case requires, both departments shall hear the argument, whether oral or written, and pass on the questions involved; and in cases where the judges composing one department do not concur, it shall be the duty of the chief justice to notify the other department, and have the question at issue disposed of in joint session. When a majority of either department, including the chief justice, shall desire a joint session for the purpose of passing on any question or hearing any cause, the entire board shall be assembled for that purpose. III.—That in all cases or appeals hereafter filed, or now filed and not submitted, it shall be the duty of the appellant to file his brief twenty days prior to the day the case is set for hearing, and the appellee to file his brief ten days prior to that time, and a failure to do so by the appellant shall cause a dismissal of the appeal without prejudice, and upon the part of appellee, he will, if in default, be required to pay the costs up to the date of filing his brief. No oral argument will be in default unless his brief is filed as herein provided. When the briefs are in, or the brief of the party not in default, an oral argument will be ordered if desired, and a time fixed for the hearing. All cases will be decided as nearly as practicable in the order of their submission. IV. Unless by leave of court oral argument will be limited to one hour on the side. When cases are orally argued, further time beyond one day will not be given for briefs; the cases will immediately be sent out to the judges in rotation, and will be taken up at once before other cases. V. Records not made out in a legible handwriting, or not indexed, are to be condemned, and the clerk making out such record to be prohibited from collecting anything therefor; and the clerk of this court will disregard the expense thereof in taxing cost without any special order in the case. VI. When two members of a department desire it, a rehearing shall be granted. VII. When the record of a former appeal in the same cause is necessary to the decision of a subsequent appeal, or when a record already in this court is made part of a record in another case, and not copied into the transcript, the attorney for the appellant must see to it, on pain of having the appeal dismissed, that such old record is placed with the new record before the cause is submitted. VIII. A party intending to move that the clerk of the inferior court or the adverse party, shall be adjudged to pay the costs resulting from a violation by such clerk or party of subsection 11, of section 737, of the Civil Code, shall make such motion at or before the submission of the cause, and not thereafter; and such motion shall indicate the portions of the record claimed to have been improperly copied, and the pages of the transcript where they may be found. IX. If the motion is against the clerk, he must be served with a copy of the written motion at least five days before the cause is submitted. X.-If an appellant or his attorney, or an appellee with a cross-appeal, or his attorney, 1 For rules as previously adopted, see 92 S. W. ix, 112 S. W. v, and 139 S. W. vii. (Ky. shall, for any purpose, withdraw the record | be heard until the briefs are filed and the from the clerk's custody without the special cause is ready for submission. order of the court, and fail or neglect to mitted they will be sent out immediately to When subproduce it in court on call of the case for the judges in rotation and taken up by the submission or argument, the appeal or cross-court as soon thereafter as practicable in appeal, on motion of the adverse party, shall preference to other cases. be dismissed for want of proper prosecution. XI.-Ten days notice of a motion to affirm as a delay case must be given appellant or his attorney, otherwise such motion will not be heard until the case is called for trial on the day it is set on the docket. XX.-Rule 111 shall govern appeals in criminal cases involving only misdemeanors. In felony cases, the brief of the appellant must be filed 5 days before the case is set for hearing. XII.-Where time is extended to file a pe- tucky Court of Appeals. When a circuit XXI.-Adopted March 7, 1901, by Kentition for rehearing, and the time expires court clerk makes a typewritten transcript during vacation, or where the court adjourns for use in the Court of Appeals he shall use before the time for filing a petition for rehearing has expired, the filing of the petition manuscript transcript for the same purpose a record ribbon (black); when he makes a with the clerk in the clerk's office within the he shall use only one side of the paper. time shall be held sufficient. The clerk, however, has no right to extend the time for fil-going requirements is to take the risk of havFor a clerk to disregard either of the foreing, and this can only be done by an ordering the transcript condemned. from one of the judges. XIII.-Petitions for rehearing shall be considered by a judge other than the one who delivered the opinion in the case. The petition must be printed, and ten copies must be filed. XIV. Ordered, that there be held three terms of the Court of Appeals in each year as follows: September term, beginning third Monday in September, and ending the second Saturday in December. January term, beginning first Monday in January, and ending the last Saturday in March. April term, beginning second Monday in April, and ending the first Saturday in July. When the first Monday in January falls on the first day of January the court will be opened on the next day. XV.-Ordered, that no extension of time for filing petition for rehearing will be granted except upon the affidavit or statement of the attorney or client stating suffi cient cause therefor. XVI.-Cases once adjudicated by this court, and again brought up by appeal may be advanced by leave of the court on motion of either party. XVII.-There shall accompany every brief a classification of the question discussed. The classification may be indicated by a "word" which suggests a subject, or by a brief synopsis of it. The authorities relied upon shall be cited under the appropriate heading. XVIII. No case on the appearance docket will be passed for oral argument unless there be filed by counsel a statement showing the legal questions involved, and the court shall deem them new and of sufficient importance to require oral argument. XIX.-Unless for special reason it is otherwise ordered, cases passed for oral argument will not be set for hearing until the court is ready to take them up in their regular turn on the docket, and will not then 1 be given of all motions made in this court, XXIII.-Notice to the adverse party must where it can reasonably be done: Provided, motions made on the regular calling of the however, that this rule shall not apply to cases. XXIV. In all cases submitted with leave to brief, the brief must be filed in thirty time is allowed by the court. After submisdays after the leave is given, unless further sion briefs must be filed in open court. clerical assistant to a judge of this court XXV.-No person holding the position of shall practice as attorney in the court or be employed or act in any way as such in any case pending therein. tion of law is relied on, the parties being all XXVI. In any case where only a quessui juris may file in the clerk's office on agreed statement of the facts shown by the of law raised; and in such case the clerk evidence, also of the question or questions shall copy into the transcript such agreed statement of facts in lieu of a copy of the evidence, and the transcript shall be treated as a complete record. XXVII.-Hereafter this court will conclusively presume, after submission, that records brought up to this court on schedule filed in the clerk's office of the inferior court, as prescribed by section 737 of the Code of Practice, is the complete record, and that all parties interested have consented to try the appeal on such record. Before submission the court will, in its discretion, allow a transcript of other parts of the record to be filed when deemed necessary in furtherance of justice. XXVIII.-Counsel for appellant or appellee, if he wishes the record printed, may, within thirty days after a record has been filed in the clerk's office, file a statement with the clerk of this court indicating the parts of the record he thinks are essential to the hearing of the appeal, and, if filed by the appellant, stating concisely the grounds of |