NATIONAL REPORTER SYSTEM-STATE SERIES THE PACIFIC REPORTER VOLUME 165 PERMANENT EDITION COMPRISING ALL THE DECISIONS OF THE SUPREME COURTS OF CALIFORNIA, KANSAS, OREGON NEW MEXICO, OKLAHOMA AND OF THE COURTS OF APPEAL OF CALIFORNIA OF OKLAHOMA WITH KEY-NUMBER ANNOTATIONS CONTAINING A TABLE OF PACIFIC CASES IN WHICH REHEARINGS COURT RULES SUPREME COURT OF OKLAHOMA Adopted June 11, 1917 I. The regular terms of this court will be held beginning on the second Tuesday of October, December, February, April and June of each year, at 10 o'clock a. m., standard time. Special sessions may be held at any time upon call of the Chief Justice. The forenoon sitting will convene at 9 o'clock and the afternoon sitting at 1:30 o'clock. II. All causes in which no notice for oral argument has been given shall stand for submission on the first day of the term; all causes standing for trial will be heard in the order assigned, unless the court, on proper motion and showing, shall order otherwise; provided, that in making up the trial docket the clerk shall so arrange the assignment of the cases that those from each supreme court judicial district may be heard together as nearly as may be. III. At least seventy (70) days prior to the commencement of each term of court, the elerk shall send to the attorneys interested a printed copy of the trial docket for the term following, showing the day on which each cause will be heard. All attorneys interested shall be notified by the clerk of all orders of the court concerning each case. | thereto. Five copies of all motions and petitions and of the response thereto shall be filed. VI. Every motion to advance a cause shall contain a brief statement of the matter involved, with the reason for the application. VII. In each civil cause filed in this court, counsel for plaintiff in error shall, unless otherwise ordered by the court, serve his brief on counsel for defendant in error at least forty (40) days before the case is set for submission. Counsel for plaintiff in error shall file with the clerk of this court twenty (20) copies of such brief within the time above designated, and defendant in error shall, within thirty (30) days after the service of the brief of plaintiff in error upon him, file with the clerk of this court twenty (20) copies of his answer brief, and serve same upon plaintiff in error; and all reply briefs, except as otherwise ordered by the court, must be filed by the date the case is submitted or called for argument. Proof of service must be filed with the clerk within ten (10) days after service. In case of failure to comply with the requirements of this rule, the court may continue or dismiss the cause, or reverse or affirm the judgment, in its discretion. IV. Attorneys desiring to make oral arguments, shall file notice thereof with the clerk of such intention, within ninety (90) days after the commencement of the proceeding in error. If no notice is served, causes will stand submitted on briefs. No motion shall be argued unless by direction of the court. The court will allot such time as may be deemed sufficient for argument of a cause, not to ex-stricken from the files. ceed one hour to counsel upon each side. Only two counsel will be heard on each side, and counsel amicus curiæ will be heard by leave of court only. VIII. In all proceedings in this court, in citing cases from the courts of this state, counsel are required to cite the volume and page of the official state reports in which the case is reported. A failure to comply with this rule will render briefs subject to be IX. Application for a re-hearing in any cause, unless otherwise ordered by the court, shall be made by a petition to the court signed by counsel and filed with the clerk, within fifteen (15) days from the date on which the opinion in the cause is filed. Such petition shall state briefly the grounds upon which counsel rely for a re-hearing and show either that some question decisive of the case and duly submitted by counsel has been overlooked by the court, or that the decision is in conflict with an express statute or controlling decision to which the attention of the court was not called either in brief or oral argument, or which has been overlooked by the court, and the question, statute or decision overlooked must be distinctly and particularly set forth in the petition. No oral argument will be allowed on an application for re-hearing except (vii) V. All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion, supported by citation of the authorities relied upon; and, except in cases where all the facts relied upon are of record, such motions shall be supported by affidavit. No motion nor petition for re-hearing will be considered unless reasonable notice has been given to counsel upon the opposite side of the case, except where in the opinion of the court an emergency exists. Copies of all motions and petitions for re-hearing must be served upon opposing counsel who will be allowed ten days from the service thereof to file response 165 P. |