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Provided, That any judicial circuit, which shall, for the expedition of its business, provide by local rule for the speedy disposition of short causes, the time herein provided for argument may be left entirely to the discretion of the trial judge, when the case is being tried by virtue of the provisions of said local rule.

As amended January 17, 1910.

CHANCERY RULE 37.

(a) In all causes and proceedings in chancery, after final order or decree, where the testimony shall have been taken by a stenographer in open court, or by deposition, or before a circuit court. commissioner, or in any other manner, any party shall be entitled to make and settle a case setting forth the substance of all the evidence taken or read at the hearing, and such case, when so made, settled, and filed, shall be deemed and held to be the evidence therein for all purposes of review on appeal to the Supreme Court. (b) The person or party desiring to appeal to the Supreme Court shall, within sixty days after service upon him or his solicitor of record of written notice of the filing and entry of the final order or decree sought to be appealed from, serve upon the adverse party or his solicitor of record a copy of the proposed case on appeal, together with the original copies of such exhibits, papers, writings, or documents as he shall desire to incorporate into said case on appeal, and also such portions of the stenographer's minutes of the testimony taken in open court as shall have been procured by him, for the inspection and use by such adverse party in the preparation

of amendments to the said proposed case on appeal: Provided, said party so seeking to appeal, on application being made to the judge who heard said cause or proceedings, or, in his absence or disability, then to such other judge as may be authorized by the provisions of this rule to act in any matter in connection with settling cases for review on appeal, may be required to furnish a copy of such further portions of the stenographer's minutes of the testimony taken in open court and the originals or copies of all other exhibits, depositions, papers, writings, or documents used in evidence on the hearing and in his possession as shall be deemed necessary by such judge to the settlement of said case.

(c) Within thirty days after such service upon him or his solicitor of record, said adverse party or his solicitor of record shall cause to be served upon the party so seeking to appeal or his solicitor of record a copy of such amendments as he proposes to the case on appeal proposed by the party seeking to appeal, and also the originals or copies of such exhibits, depositions, papers, writings, or documents used in evidence on the hearing and in his possession as he desires to have incorporated in the case on appeal, and shall accompany said amendments and exhibits and papers aforesaid with all of the stenographer's minutes previously served upon him, together with such other exhibits, papers, documents, or writings, if any, as shall have been served upon him, and shall likewise serve upon said party seeking to appeal or his solicitor of record a notice that the said case on appeal as proposed and the said proposed amendments thereto will be presented to the judge who heard said cause or proceedings, or, in case of his absence or disability, then to such other judge as may be authorized to act in any matter in connection with the settling of cases for review on appeal, either in open court or at chambers, as the case may be, and to be specified in said notice at some date not less than four nor more than six days from the date of the service of said proposed amendments and papers in connection therewith.

(d) The judge before whom the settlement of said case on appeal shall have been noticed shall, at the time specified in said notice, or at such other time as he shall fix, or shall be agreed upon in open court, or by the written stipulation of the parties, proceed to consider the matter and to settle and sign said case on appeal: Provided, not more than one year from the date of the filing and entry of the final order or decree sought to be appealed from shall in any case be allowed to take all the steps, do all the acts, and perform all things required to be taken, done, and performed in and about the making, settling, signing, and filing of the case on appeal.

(e) In case of the failure of the adverse party to prepare and serve his amendments to the proposed case on appeal, together

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