Records; appearnace; New allegations, etc.

· Rules 5-8

and proceedings and evidence as are necessary to review the questions raised by the appeal.

Rule 5. Certifying records

The appellants shall, within thirty days after giving notice of appeal, procure to be filed in this court the apostle certified by the clerk of the District Court, or in case of a special appeal, the stipulated record, with the certification by the said clerk of all papers continued therein on file in his office.

Rule 6. If appearance of appellee not entered

If the appellee does not cause his appearance to be entered in this court within ten days after service on his proctor of notice that the apostles are filed in this court, the appellant may proceed ex parte in the cause, and have such decree as the nature of the case may demand.

Rule 7. New allegations, etc.

Upon sufficient cause shown, this court or any judge thereof, may allow either appellant or appellee to make new allegations or pray different relief, or interpose a new defense, or take new proofs. Application for such leave must be made within fifteen days after the filing of the apostles and upon at least four days' notice to the adverse party.

Rule 8. New pleadings - new testimony

If leave be granted to make new allegations, pray different relief or interpose a new defense, the moving party shall, within ten days thereafter, serve such new pleading, duly verified, on the adverse party, who shall, if such pleading be a libel, within twenty days answer on oath.

If leave be given to take new testimony, the same may

be taken and filed within thirty days after the entry of the order granting such leave, and the adverse party may take and file counter testimony within twenty days after such filing.

Rule 9. New testimony - how taken

Such testimony shall be taken by deposition before any United States commissioner, or notary public, upon reasonable notice in writing given to the opposite party; or by commission issued out of this court with interrogatories annexed. Upon proper cause shown, the court may grant an open commission.

Rule 10. Printing new pleadings and testimony

If new pleadings are filed or testimony taken in this court, the same shall also be printed and furnished by the clerk, as in the 23d General Rule provided.

Rule 11. Motions

All motions shall be made upon at least four days' notice.

Rule 12. Writ of inhibition

A writ of inhibition may be awarded by this court on motion of the appellant to stay proceedings in the court below when circumstances require.

Rule 13. Mandamus

A mandamus may, in like manner, be obtained, to compel a return of the apostles when unreasonably delayed by the clerk, or court, below.

Rule 14. Cases to be placed on docket

Each case shall be placed on the docket as soon as the printing of the apostles is completed by the clerk.

SECTION 1. Counsel for the appellant shall file with the clerk of this court, at least twenty days before the case is called for argument, ten copies of a printed brief, and shall at the same time serve two copies thereof on the proctors of record, or on the counsel engaged upon the opposite side. This brief shall contain, in order here stated:

(1) A statement of the nature of the appeal, the court from which the appeal is taken, and a concise abstract or statement of the case, presenting succinctly the questions involved, and the manner in which they were raised.

(2) If the pleadings have been amended in this court or new proofs have been taken, it shall be stated what amendments have been made and in what respect the new proofs have changed, or tended to change, the case as made in the court below.

(3) A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the folios of the record or to the numbers of the questions, and the authorities relied upon in support of each point.

SEC. 2. The counsel for the appellee shall file with the clerk of the court ten printed copies of his brief and serve two copies thereof at least ten days before the case is called for argument. His brief shall be of a like character with that required of the appellant, and in case new proofs are taken on behalf of the appellee, the brief shall so state and wherein the new proofs have changed the case as made in the court below.

SEC. 3. The reasonable expense of printing briefs shall be an item of taxable costs.

Rule 16. Mandates

The decrees of this court shall direct that a mandate issue to the court below.

The time specified in the foregoing rules for any proceeding may be extended by order of a judge of this court.

Rule 18. When rules of district courts to apply

In all matters, in civil causes of admiralty and maritime jurisdiction, not expressly provided for by the foregoing rules of this court, the rules of practice of the District Court of the district in which the cause was decided being in force at the time (not being inconsistent with these rules), will be adopted so far as may seem proper.

Rule 19. What general rules shall be deemed admiralty rules

The following of the General Rules of this court, and no others, shall be deemed Admiralty Rules, viz.: Rules 3, 4, 5, 6, 7, 9, 11, 12; section 4 of Rule 14; Rules 15, 16, 17, 18, 19, 20, 21, 22, 23; section 5 of General Rule 24; Rules 25, 26, 27, 28, 29; section 4 of Rule 30; Rules 31, 32, 34 and 36. In the Ninth Circuit the rules in admiralty are the same as in the Second Circuit, to and including Rule 8. Rule 9 is as follows:

Such testimony shall be taken by deposition before the clerk of this court, or any United States commissioner, or any clerk of a District or Circuit Court of the United States, or any notary public upon reasonable notice, in writing, given to the opposite party or his attorney of record, either in this court or in the court below, which notice must state the name or names of the witness or witnesses and the time and place of taking his or their deposition or depositions; or by commission issued out of

Extension of time

this court with interrogatories annexed. Upon sufficient cause shown, the court may grant an open commission. Rules 10 and 11 are as in the Second Circuit.

Rule 12 reads as follows:

Extension of time

The time specified in the foregoing rules for any proceeding may be extended by order of a judge of this court. There are no other admiralty rules in the Ninth Circuit.