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IN FORCE APRIL 19, 1907.


Clerk-duties of-calendar. 1. The clerk shall keep a general docket or register, in which he shall enter the titles of all actions and proceedings, including the names of the parties, and the attorneys or solicitors by whom they prosecute or defend, and he shall enter thereunder, from time to time, of the proper dates, brief notes of all papers filed and all proceedings had therein; the issuing of writs and other process, and the return thereof; the court or officer to whom directed; the return of any court, officer or other person thereto; the filing of any bond or other security, and the issuing of a certificate of supersedeas, and of all orders and judgments in any action or proceeding, whether of course or on motion; also, proper references to the number and term of all papers and proceedings.

2. He shall also keep a judgment book, in which he shall enter all judgments; the names of the parties thereto, plaintiff and defendant; the date of the judgment, its number and term, the amount thereof, if the recovery of money or damages is included therein, and the amount of costs, which record shall be properly indexed.

3. He shall keep a court journal, in which he shall enter, from day to day, brief minutes of all proceedings in court.

4. He shall file all papers presented to him; indorse thereon the style of the action, its number and term, the character of the paper and date of filing; and after filing, no paper shall be taken from the office, unless by order of the court or a judge thereof.

At the commencement of each term he shall furnish the court and bar with separate lists of all causes pending therein which have been noticed for argument, and of which a note of issue has been filed six days before the commencement of the term. Causes shall be placed upon the list according to the date of the notice of appeal or writ of


Adopted July 24, 1867.

111 N.W.


Motions-bringing on for hearing-motion papers. Motions, except for orders of course, shall be brought on upon notice, and when not made up on the records or files of the court, shall be accompanied with the papers on which the same are founded. Adopted July 24, 1867.


Clerk of district court-certifying additional papers. Upon an appeal from a judgment or order, the clerk of the district court, in addition to the copies of the notice of appeal and judgment roll or order, shall, upon the request of either party to such appeal, and at the expense of the party applying, certify and transmit to this court copies of any papers, affidavits, or documents on file, in the district court, in the action in which the appeal is taken, which such party may deem necessary to or proper for the elucidation and determination of any question expected or intended to be raised on the hearing of the appeal.


Adopted July 24, 1867.


Return on appeal-notice to file-dismissal for failure. The appellant or plaintiff in error shall cause the proper return to be made and filed with the clerk of this court within sixty days after the appeal is perfected or the writ of error served. If he fails to do so, the respondent or defendant in error may, by notice in writing, require such return to be filed within twenty days after the service of such notice, and, if the return is not filed in pursuance of such notice, the appellant or plaintiff in error shall be deemed to have abandoned the appeal or writ of error, and on an affidavit proving when the appeal was perfected or writ of error served, and the service of such notice, and a certificate of the clerk of this court that no return has been filed, the respondent

or defendant in error may enter an order | parties respectively, and the date of the with the clerk dismissing the appeal or writ notice of appeal or writ of error.

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As amended February 10, 1868.

[In computing ten-day period, the day of service and first day of the term must be excluded. See Greve v. St. P. S. & T. F. R. Co., 25 Minn. 327.]


Paper books and briefs-furnishing copies to court and reporter. 1. The appellant, or party removing a cause to this court, shall at least three days (excluding Sunday) previous to the argument thereof, file eight copies one for each of the judges, and one for the reporter, clerk and librarian respectivelyof the paper book, his assignment of errors, points and authorities, and within the same time the respondent shall file eight copies of his points and authorities; any party failing to do so shall not be entitled to statutory costs, in case he prevails.

2. The paper book and briefs must be printed, and the folios of the paper book dis

Original papers—procuring order for trans-tinctly numbered in the margin. mission to appellate court. Whenever it is necessary or proper, in the opinion of any judge of this court, that original papers of any kind should be inspected in this court on appeal, such judge may make such order for the transmission, safe keeping, and return of such original papers as to him may seem proper, and the court may receive and consider such original papers in connection with the transcript of the proceedings. Adopted July 24, 1867.

The paper book shall consist of so much of the return as will clearly and fully present the questions arising on the review, with the reasons of the court below for its decision, if any were filed, also the notice of appeal, verdict or finding and judgment, if there be one.

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Notice of argument-filing note of issue. Causes shall be noticed for the first day of the term, and may be noticed for argument by either party. Criminal cases shall have a preference, and may be moved on behalf of the state out of their order on the calendar. Cases shall be noticed for argument at least ten days before the first day of the term; and at least six days before the commencement of the term, the party giving the notice of argument shall furnish the clerk with a note of the issue, containing the title of the action, specifying which party is appellant and which respondent or plaintiff in error and defendant in error, as the case may be; the names of the attorneys of the


3. Prefixed to the brief of the appellant, but stated separately, shall be an assignment of errors intended to be urged. Each specification of error shall be separately, distinctly, and concisely stated, without repetition, and they shall be numbered consecutively. When the error specified is that the finding of the court below or referee is not sustained by the evidence, it shall specify particularly the finding complained of. No error not affecting the jurisdiction over the subject-matter will be considered unless stated in the assignment of errors.

4. The points and authorities of appellant shall contain a concise statement of the case so far as necessary to present the questions involved, and shall state separately the several points relied on for a reversal of the order or judgment of the court below, with a list of authorities to be cited in support of

the same.

5. Whenever either the settled case or the paper book contains any unnecessary, irrelevant or immaterial matter, and the appellant prevails, he shall not be allowed any disbursements for preparing, certifying or printing such unnecessary matter.

The respondent's objection to the taxation of disbursements in such cases shall point out-specifying the folios-the particular portions of the record or paper book, for which he claims that the appellant is not entitled to tax disbursements.

As amended April 2, 1901.


Call of calendar-setting causes for argument-motions. On the first day of the term the court will proceed to call the calendar in order to set causes for oral argument or for submission on briefs, and will continue the call until there shall be as many causes so set as the court shall believe can be disposed of during the term. On such day motions in causes on the calendar, to strike from the calendar, or to dismiss, affirm, or reverse, may be orally noticed in open court and will be heard during the first week of the term.

ties, the appellant, or plaintiff in error, shall be entitled to a continuance on a suggestion that he cannot conveniently proceed with the trial at such term.

Adopted July 24, 1867.


Examination of evidence—stating points in facts claimed to be established-argument of question of fact. In cases where it may be necessary for the court to go into an extended examination of evidence, each party shall add to the copies of his points furnished the court the leading facts which he deems es

the evidence where he deems the proof of such facts may be found. And the court will not hear an extended discussion upon a mere question of fact.

Adopted July 24, 1867.

On the call of the calendar, if neither par-tablished, with reference to the portions of ty to a cause called shall have it set for oral argument or submission on briefs, or if neither party shall move a cause or submit it when it is called on the day on which it is set for oral argument, or, if it be set for submission on briefs, if neither party shall have filed his brief by the day appointed for the briefs to be filed, or, if no day be appointed, neither party shall file his brief during the term, the cause shall be continued to the next term.

As amended January 24, 1890.


Paper books and briefs-furnishing copy to adverse party. At least twenty days before the term of this court at which a cause is noticed for trial by the appellant or plaintiff in error, and in all cases at least twenty days before the first term of this court commencing more than sixty days after the appeal is perfected or writ of error served, the appellant or plaintiff in error shall deliver to the adverse party a copy of the paper book, and of the assignment of errors, and of his points and authorities; and on or before the first day of the term at which the cause is noticed for trial the respondent or defendant in error shall furnish the adverse party a copy of his points and authorities. As amended April 7, 1896.

And the appellant may, within not more than ten days thereafter, and in any event at least three days before the day set for the argument of the case, serve and file a reply brief, which must be strictly limited to a concise reply to new points made in the respondent's brief. The omission to file a reply brief will in no case be regarded as a concession of the correctness of any matters urged in the respondent's brief.

As amended April 7, 1903.


Noticing cause for a term commencing within sixty days continuance. When the respondent, or defendant in error, notices a cause for trial at a term commencing within the time allowed to the appellant, or plaintiff in error, to serve his points and authori


Failure to serve points and paper book or to argue cause. Either party may apply to the court for judgment of affirmance or reversal, or for a dismissal, as the cause may be, if the other party shall neglect to appear and argue the cause, or shall neglect to furnish and deliver cases and points as required by these rules.

Adopted July 24, 1867.


Either par

Oral argument-when allowed. ty may submit a cause on his part on a printed brief or argument.

In actions for the recovery of money only, or of specific personal property, where the amount, or the value of the property, involved in the appeal, shall not exceed one hundred dollars, and in appeals from orders involving only questions of practice, or forms or rules of pleading, and in appeals from the clerk's taxation of costs, the parties may submit on briefs, but no oral argument will be allowed.

On oral arguments the appellant or plaintiff in error, or on a motion the moving party, or party procuring the order to show cause, shall open and be entitled to reply. Each party shall be entitled to one hour in all, except that in actions for the recovery of money only, or of specific personal property, where the amount, or the value of the property, involved in the appeal shall not exceed

five hundred dollars, they shall be entitled to only thirty minutes each, and on motions and orders to show cause to only fifteen minutes each.

Leave to argue a cause orally, when not entitled to such oral argument under this rule, may be given on application therefor, at the time of calling the calendar. And the time allowed for oral argument as prescribed by this rule may be extended, on application therefor, at the commencement of the argu

>ment, notice of intention to apply therefor|tered in this court for the amount thereof, being given at the time of calling the cause with interest and costs and damages, if any on the call of the calendar, and on motions are awarded, to be added thereto by the and orders to show cause on application clerk; and the party in whose favor the same when brought to a hearing. was rendered may have execution thereupon from this court.

As amended January 24, 1890.


Adopted July 24, 1867.


Reversal-no remittitur-costs of prevailing party. In case of a reversal of a judgment, order or decree of a district court, rendered or made in a cause commenced therein, if there is no remittitur, the prevail

Dismissal-certifying to court below. In all cases of the dismissal of any appeal or writ of error in this court, it shall be the duty of the clerk to issue a certified copy of the order of dismissal to the court below, so that further proceedings may be had in such court as if no writ of error or appeal hading party shall have judgment in this court been brought.

Adopted July 24, 1867.


Remittitur mailing notice of decision— clerk's fee-entry of judgment-transmitting remittitur. A remittitur shall contain a certified copy of the judgment of this court, sealed with the seal thereof, and signed by the clerk.

When a decision is filed or an order entered determining the cause, the clerk shall mail notice thereof to the attorneys of the parties, and no judgment shall be entered until the expiration of ten days thereafter. The clerk shall receive a fee of twenty-five

cents for each notice aforesaid.

The remittitur shall be transmitted to the clerk of the court below as soon as may be after judgment is entered.

As amended by rule 33, October 31, 1872.


Remittitur as matter of course. Upon the reversal, affirmance, or modification of any order or judgment of the district court by this court, there will be a remittitur to the district court unless otherwise ordered. Adopted July 24, 1867.


Reversal-final judgment without remittitur. On reversal of a judgment of the district court, rendered on a judgment removed into it from an inferior court, when there is no remittitur, this court will render such judgment as ought to have been given in the court below, including the costs of that court, and also for the costs of this court; and the plaintiff in error or appellant may have execution thereupon.

Adopted July 24, 1867.


Judgment for money only-affirmancefinal judgment in this court. In all cases where a judgment of the district court, for the recovery of money only is affirmed, and there is no remittitur, judgment may be en

for the costs of reversal, and the costs of the court below, and execution therefor. Adopted July 24, 1867.

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Executions-issuance and satisfaction. Executions to enforce any judgment of this court may issue to the sheriff of any county in which a transcript of the judgment is filed and docketed. Such executions shall be returnable in sixty days from the receipt thereof by the officer. On the return of an execution satisfied, or acknowledgment of satisfaction, in due form of law, by the party who recovered the same, or his representatives or assigns, the clerk shall make an entry thereof upon the record.

Adopted July 24, 1867.

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