Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 17 of 64
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OF THE STATE OF TEXAS.
or relevant to the position, should be read at the bar, or stated
in the written or printed arguments; and in citing elementary
books or decisions of courts, the principle should be stated, or
so much should be read or stated in the written argument, as
bears directly on, or tends to maintain, the proposition for which
it is cited in the brief.
51. After the case has been presented to the court by such explanation
as may be necessary, each side may be allowed an
hour in argument at the bar, with twenty minutes more in conclusion
by the appellant; and, after being so presented, if the
magnitude or importance of the case or the difficulty of the questions
seem to require it, a longer time may be allowed. Not more
than two counsel on each side will be heard, except upon leave of
52. If counsel for but one party has filed briefs, an argument
by him may be allowed, conformably to the preceding rules, as
nearly as practicable, under the direction of the court.
53. Counsel who argue a case at the bar will be expected to
be able to answer questions propounded by the members of the
court, relating to the matters contained in the record, and to the
laws or authorities cited in the argument.
54. Should it be apparent, during the progress of the trial, or
afterwards, that the case has not been properly prepared, as shown
in the transcript, or properly presented in the brief or briefs, or
that the law and authorities have not been properly cited, which
will enable the court to decide the case, it may decline to receive
the submission, or, if received, may set it aside and make such
orders as may be necessary to secure a more satisfactory submission
of the case.
55. When a case has been properly prepared for submission,
and a satisfactory oral argument has been made, the court will
promptly announce its judgment, if practicable, at the next succeeding
session of the court, and, when deemed necessary, deliver
a written opinion; if not then, at some time during the term
of the court.
56. All cases that have been or may be returned to the Su
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/17/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .