RULES

OF THE

SUPREME COURT OF THE UNITED STATES

FROM A. D. 1790 to a. D. 1852

1 Wheaton, XVIII-1 Peters, VIII

RULE I

(February 3, 1790.)

Ordered, That JOHN TUCKER, Esq., of Boston, be the clerk of this court.

Clerk's office to be at seat

That he reside and keep his office at the seat of the national government, and that he do not practice either as an attorney or counsellor in this court while he shall continue to be clerk of the same.

RULE II

(February 5, 1790.)

of government. Clerk not to practice as an attorney or counsellor.

It shall be requisite (until further ordered) to the admission of attorneys or counsellors to Qualifications of attorpractice in this court, that they shall neys and counsellors. have been such for three years past in the supreme courts of the State to which they respectively belong, and that their private and professional character shall appear to be fair.

RULE III

(February 5, 1790.)

Counsellors shall not practice as attor- Counsellors not to act as neys, nor attorneys as counsellors, in attorneys; and vice versa. this court.

RULE IV

(February 5, 1790.)

[Rescinded.] Counsellors and attorneys shall respectively Oath of attorneys and take the following oath, viz: "I,

counsellors.

solemnly swear that I will demean myself (as an attorney or counsellor of the court) uprightly, and according to law; and that I will support the Constitution of the United States."

See Rule 6.

RULE V

(February 5, 1790.)

All process of this court shall be in the name of the PresProcess to run in the ident of the United States (unless and name of the President. until it shall otherwise be provided by law).

RULE VI
(February 7, 1791.)

Counsellors and attorneys admitted to practice in this Oath of attorneys and court, shall take either an oath, or in

counsellors, substituted in

place of oath prescribed proper cases, an affirmation, of the tenor prescribed by the rule of this court on

by Rule 4.

that subject, made February Term, 1790, viz: “I, do solemnly swear (or affirm, as the case may be) that I will demean myself as an attorney or counsellor of this court, uprightly, and according to law; and that I will support the Constitution of the United States."

cery in England to fur

RULE VII

(August 8, 1791.)

The chief justice, in answer to the motion of the AttorneyPractice of the courts of General, made yesterday, informs him king's bench and Chan- and the Bar, that this court consider the nish outlines of practice. practice of the courts of king's bench, and of chancery, in England, as affording outlines for the practice of this court; and that they will, from time to time, make such alterations therein as circumstances may render

necessary.

Now Rule 3.

RULE VIII

(February 4, 1795.)

The court gave notice to the gentlemen of the bar, that hereafter they will expect to be furnished Counsel to furnish statewith a statement of the material points

ment of points.

of the case from the counsel on each side of a cause.

Now Rule 21.

See Rule 29, Rule 53, and Rule 57.

RULE IX

(February 17, 1795.)

All evidence on motion for a discharge Evidence for discharge on upon bail must be by way of deposition,

bail to be by deposition.

and not viva voce.

RULE X

(August 12, 1796.)

When process at common law, or in equity, shall issue against a State, the same shall be served Process against a State; on the governor, or chief executive on whom to be served. magistrate, and attorney-general of such State.

Process of subpoena, issuing out of this court, in any suit in equity, shall be served on the subpoena to be served 60 defendant sixty days before the return days before its return day. day of the said process; and further, that if the defendant, on such service of the subpoena, shall Defendant not appearing, complainant may not appear at the return day contained proceed ex parte. therein, the complainant shall be at liberty to proceed ex parte.

Now Rule 5.

RULE XI

(February 13, 1797.)

The clerk of the court to which any writ of error shall be directed, may make return of the same, Return to a writ of error; by transmitting a true copy of the record, how made.

and of all proceedings in the cause, under his hand and the seal of the court.

See Rule 31.

Now Rule 8, Clause 1.

RULE XII

(August 7, 1797.)

No record of the court shall be suffered by the clerk to Records of court not to be taken out of his office, but by the consent of the court; otherwise to be

be taken from clerk's office; except how. responsible for it.

Now Rule 1, Clause 2.

RULE XIII

(August 15, 1800.)

IN THE CASE OF COURSE v. STEAD'S EXECUTORS, 4 Cra. 403. The plaintiff in error shall be at liberty to show to the Sum or value in dispute; satisfaction of this court, that the matter how may be shown. in dispute exceeds the sum or value of two thousand dollars, exclusive of costs; this to be made to appear by affidavit, on days' notice to the opposite party, or their counsel in Georgia.

Rule as to affidavits to be mutual.

Counsellors may be at

torneys.

oath.

Defendant not appearing, plaintiff may proceed ex parte.

proceed ex parte.

Now Rule 17.

RULE XIV

(August 12, 1801.)

Counsellors may be admitted as attorneys in this court, on taking the usual

See Rule 3.

RULE XV

(December 9, 1801.)

In every case where the defendant in error fails to appear, the plaintiff may

When defendant may go

RULE XVI

(February Term, 1803.)

Where the writ of error issues within thirty days before the meeting of the court, the defendant to trial, or have cause in error is at liberty to enter his appearance, and proceed to trial; otherwise,

continued on writ of error.

the cause must be continued.

See Rules 19 and 43.

RULE XVII

(February Term, 1803.)

error sued out for delay.

In all cases where a writ of error shall delay the proceedings on the judgment of the Circuit Damages, when writ of Court, and shall appear to have been sued out merely for delay, damages shall be awarded, at the rate of ten per centum per annum on the amount of the judgment.

Now Rule 23, Clause 2.

RULE XVIII

(February Term, 1803.)

In such cases, where there exists a real controversy, the damages shall be only at the rate Damages, where there is of six per centum per annum. In both a real controversy. cases the interest is to be computed as part of the damages. See previous rule.

RULE XIX

(February Term, 1806.)

the term.

supersedeas; when plainrecord.

All causes, the records in which shall be delivered to the clerk on or before the sixth day of a When causes at trial for term, shall be considered as for trial in the course of that term. Where the record shall be delivered after the sixth day of the term, When not. either party will be entitled to a continuance. In all cases where a writ of error shall be a super- where writ of error is a sedeas to a judgment rendered in any tiff to file copy of the Circuit Court of the United States, except that for the District of Columbia, at least thirty days previous to the commencement of any term of this court, it shall be the duty of the plaintiff in error to lodge a copy of the record with the clerk of this court within the first six days of the term; and if he shall fail so to do, the defendant in error shall be permitted after- When the defendant may wards to lodge a copy of the record with file a copy of the record. the clerk, and the cause shall stand for trial in like manner