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UNITED STATES CIRCUIT COURT

OF APPEALS

FOR THE SECOND CIRCUIT

RULE

1. Name.
2. Seal.
3. Terms.
4. Quorum.
5. Clerk.
6. Marshal, crier and other officers.
7. Attorneys and counselors.
8. Practice.
9. Process.
10. Bill of exceptions.
11. Assignment of errors.
12. Objections to evidence in the record.
13. Supersedeas and cost bonds.
14. Writs of error, appeals, return and record.
15. Translation.
16. Docketing cases.
17. Docket.
18. Certiorari.
19. Death of a party.
20. Dismissing cases.
21. Motions.
22. Parties not ready.
23. Printing records.
24. Briefs.
25. Oral arguments.
26. Form of printed records, arguments and briefs.
27. Copies of records and briefs.
28. Opinions of the court.
29. Rehearing
30. Interest.
31. Costs.
32. Mandate.
33. Custody of prisoners on habeas corpus.
34. Models, diagrams, and exhibits of material.
35. Appeals.
36. Undertaking, costs.
37. Citations from “Federal Cases."
38. Review of orders in bankruptcy.

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The court adopts “United States Circuit Court of Appeals for the Second Circuit" as the title of the court.

Rule 2. Seal

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 right to left; and the words “Second Circuit” in two lines, in the center, with a dash beneath.

Rule 3. Terms

One term of this court shall be held annually at the city of New York on the second Monday of October, and shall be adjourned to such times and places as the court may from time to time designate.

Rule 4. Quorum 1. If, at any time, 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.

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.

Rule 5. Clerk 1. The clerk's office shall be kept at the place designated in the act creating the court at which a term shall be held annually.

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2. The clerk 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.

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.

Rule 6. Marshal, crier, and other officers 1. Every marshal and deputy marshal shall, before he enters on the duties of his appointment, take an oath in the form prescribed by section 782 of the Revised Statutes, and the marshal shall, before he enters on the duties of his office, give bond in a sum to be fixed, and with sureties to be approved, by the court, for the faithful performance of said duties by himself and his deputies. Said bond shall be filed and recorded in the office of the clerk of the court.

2. 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.

Rule 7. Attorneys and counselors All attorneys and counselors admitted to practice in the Supreme Court of the United States, or in any Circuit Court of the United States, shall become attorneys and

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counselors 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.

Rule 8. Practice

The practice shall be the same as in the Supreme Court of the United States, as far as the same shall be applicable.

Rule 9. Process

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.

Rule 10. Bill of exceptions

The judges of the Circuit and District Courts shall not allow any bill of exceptions 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 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.

Rule 11. Assignment of errors 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, 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

Objections; supersedeas - Rules 12, 13

rejection of evidence, the assignment of errors shall quote the full substance of the evidence 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. Such assignment of errors shall form part of the transcript of the record and be printed with it. 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.

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 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.

Rule 13. Supersedeas and cost bonds 1. Supersedeas bonds in the Circuit and 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 ad

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