CONSTITUTION OF CALIFORNIA.

Article VI., Section 2.

Sec. 2. The supreme court shall consist of a chief justice and six associate justices. The court may sit in departments and in bank, and shall always be open for the transaction of business. There shall be two departments, denominated, respectively, "Department One" and "Department Two." The chief justice shall assign three of the associate justices to each department, and such assignment may be changed by him from time to time. The associate justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves, or as ordered by the chief justice. Each of the departments shall have the power to hear and determine causes, and all questions arising therein, subject to the provisions hereinafter contained in relation to the court in bank. The presence of three justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of three justices shall be necessary to pronounce a judgment. The chief justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank The order may be made before or after judgment pronounced by a department; but where a cause has been allotted to one of the departments, and a judgment pronounced thereon, the order must be made within 30 days after such judgment, and concurred in by two associate justices, and, if so made, it shall have the effect to vacate and set aside the judgment. Any four justices may, either before or after judgment by a department, order a case to be heard in bank. If the order be not made within the time above limited, the judgment shall be final. No judgment by a department shall become final until the expiration of the period of 30 days aforesaid, unless approved by the chief justice, in writing, with the concurrence of two associate justices. The chief justice may convene the court in bank at any time, and shall be the presiding justice of the court when so convened. The concurrence of four justices present at the argument shall be necessary to pronounce a judgment in bank; but if four justices, so present, do not concur in a judginent, then all the justices qualified to sit in the cause shall hear the argument; but, to render a judgment, a concurrence of four judges shall be necessary. In the determination of causes, all decisions of the court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated. The chief justice may sit in either department, and shall preside when so sitting, but the justices assigned to each department shall select one of their number as presiding justice. In case of the absence of the chief justice from the place at which the court is held, or his inability to act, the associate justices shall select one of their own number to perform the duties and exercise the powers of the chief justice during such absence or inability to act.

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SUPREME COURT RULES

Arizona Territory.

Rule 2 is amended to read as follows:

"(1) The appellant in a civil action shall, within forty days after the appeal is perfected and the undertaking on appeal has been filed, file the transcript of the record, duly certified to be correct by the attorneys of the respective parties, or by the clerk of the court from which the appeal is taken.

"(2) The time above limited may be extended by order of one of the judges of the supreme court, and such extension of time shall be granted only upon good cause shown by affidavit.

"(3) If the transcript be filed in vacation, and more than thirty days before the meeting of the court, the appellant shall, within ten days after filing the transcript and abstracts, file his printed brief, and the appellee shall have fifteen days thereafter in which to file his brief, and appellant five days in which to reply. If the transcript be filed in term, the brief of appellant shall be filed with the same.

"(4) No cause shall be argued orally by a party who has not filed a printed brief.

"(5) In criminal causes the transcript shall be filed within thirty days after the appeal is taken.”

Rule 5 is amended to read as follows:

"(1) In all causes the party bringing an action into this court shall file with the transcript a complete abstract or abridgment of the record therein, referring to the appropriate pages of the record by numerals on the margin, and shall cause such abstract to be printed in a neat and workman-like manner, with small pica type, on one side only, upon white foolscap paper, leaving a margin at least two inches in width on the left-hand side of each sheet, and bound on the left-hand side of the pages. Type-writer may be used; paper and binding to be the same as the above. Six copies of such printed abstract shall be filed in each -one for each of the judges, one for the defendant in error or appellee, one for the reporter, and one to be filed with the clerk.

case,

"(2) In all cases where the evidence shall be taken and written out by a short-hand reporter, and shall be embodied in the transcript, the same shall not be printed in the abstract as returned by such reporter, but the same shall be, by appellant, condensed so as to present the substance of such evidence clearly and consisely in the abstract.

"(3) The appellee's counsel shall be permitted, if he is not satisfied with the abstract or abridgment furnished by the plaintiff's counsel, to

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furnish each of the justices of this court with such further abstracts as he shall deem necessary to a full understanding of the merits of the cause. "(4) Printed briefs will be required in all cases, whether argued orally, in full, or in part only, or when submittted on briefs without oral argument. They shall be printed and bound as is required for abstracts. The briefs required should contain a short, clear statement of the points, and the authorities in support thereof; and, in citing cases from published reports, counsel will be required, not only to give the book and page, but also the names of the parties as they appear in the title of the reported case; and the names of counsel filing brief or abstract must appear to the same. But the filing of a printed brief shall not preclude the party from filing full printed or written arguments in support of his brief of points and authorities, provided he does so within the time his printed brief is required to be filed.

"(5) Six copies of the briefs of each party must be filed in each case, -one for each of the judges, one for the opposite party, one for the reporter, and one to be filed with the clerk."

Rule 10 is hereby repealed.

Rule 11 is hereby amended by striking out the word "transcript" in first line, and inserting the word "abstracts."

Rule 16 is amended by striking out the last word, "transcripts," and inserting the word "abstracts."

Rule 19 is amended to read as follows:

"(1) The manner of applying for a rehearing shall be as follows: Within fifteen days after an opinion is filed, a party desiring a rehearing shall give actual notice, in writing, to the opposite party or to his attorney, of his intention to make such application, and shall also, within the same time, file a copy of such notice with the clerk of this court, and, within forty days after the filing of the opinion, shall place on file in the clerk's office six printed copies of the petition.

“(2) Application for a rehearing of any cause shall be made by petition to the court, signed by the counsel, briefly stating the grounds for a rehearing, and the authorities relied on in support thereof. When a rehearing is granted, notice shall be given to the opposite party that such rehearing will be had.

"(3) When an opinion in any case is filed, and a petition for a rehearing shall be presented to either of the justices of this court, if he shall certify that there are probable grounds for granting a rehearing, all further proceedings authorized by the judgment of this court shall be stayed until the next term of the court.

"(4) When, in any case, a rehearing is granted, it shall be placed for hearing at the foot of the docket. The petition for rehearing shall stand as the printed argument, on the hearing of the party in whose favor it is granted. The opposite party shall, in all such cases, have ten days from the time of granting the rehearing to reply to the petition, and the petitioner shall have five days to file his closing argument, which shall end the argument of the case, and it shall then stand for final decision. When an oral argument is allowed, if the party against whom the re

hearing is granted wishes to avail himself of the permission to argue orally, his reply brief must be filed on or before the calling of the cause. Oral argument on both sides, when allowed, shall close the arguments in the case."

Rule 31 is amended to read as follows:

"(1) Whenever the transcript and abstracts and briefs shall have been filed as required by law, or the time for filing the same has expired, the cause shall stand for hearing, and no further or amended brief shall be filed, except when special order of the court permits. Causes that stand for hearing shall be called in their order, beginning on the second day of the term, and shall be submitted as called. The oral arguments shall at that time be made. Upon the call, after oral argument, the cause shall be deemed submitted.

"(2) When the appellant has failed to file the transcript and abstract as required by rule 2, appellee may docket the cause, and, on his motion, the appeal will be dismissed. For this purpose he shall be required to file no more than a certified copy of the undertaking on appeal."