3-2-211. Concurrence of majority — for what necessary
3-2-211. Concurrence of majority — for what necessary. The concurrence of a majority of the justices of the supreme court is necessary for the issuance of any writ or the transaction of any business except such as can be done at chambers. History: En. Sec. 22, C. Civ. Proc. 1895; re-en. Sec. 6254, Rev. C. 1907; amd. […]
3-2-212. Powers of justices individually — certiorari and habeas corpus
3-2-212. Powers of justices individually — certiorari and habeas corpus. (1) Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody and may make the writs returnable before the issuing justice, the supreme […]
3-2-301. Who shall preside
3-2-301. Who shall preside. The chief justice presides at all sessions of the supreme court, and in case of the chief justice’s absence, the associate justice having the shortest term to serve presides. History: En. Sec. 15, C. Civ. Proc. 1895; re-en. Sec. 6247, Rev. C. 1907; re-en. Sec. 8799, R.C.M. 1921; re-en. Sec. 8799, R.C.M. 1935; […]
3-2-302. Quorum
3-2-302. Quorum. A majority of the justices is necessary to form a quorum of the court. Any decision must be concurred in by a majority of the justices of the court, but one or more of the justices may adjourn the court from day to day or to a day certain. History: En. Sec. 15, C. Civ. […]
3-2-303. Term of supreme court
3-2-303. Term of supreme court. The supreme court may have only one term each year. The term must be held at the seat of government and must commence on the first day of January. History: En. Sec. 16, C. Civ. Proc. 1895; re-en. Sec. 6248, Rev. C. 1907; re-en. Sec. 8800, R.C.M. 1921; Cal. C. Civ. Proc. […]
3-2-304. Physical facilities
3-2-304. Physical facilities. (1) If proper rooms in which to hold the court and for the accommodation of the officers thereof are not provided by the state, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court or a majority thereof may direct the clerk of the supreme […]
3-2-401. Election and term of office
3-2-401. Election and term of office. There must be a clerk of the supreme court who must be elected by the electors at large of the state and hold office for the term of 6 years from the first Monday of January following the clerk’s election. History: En. Sec. 870, Pol. C. 1895; re-en. Sec. 299, Rev. […]
3-2-402. Duties — electronic filing and storage of court records
3-2-402. Duties — electronic filing and storage of court records. (1) It is the duty of the clerk to: (a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law; (b) adjourn the court from day to day at the beginning of any term in the absence of […]
3-2-403. Fees
3-2-403. Fees. The clerk shall collect the following fees: (1) for filing the notice of appeal in any civil case appealed to the supreme court, $100 payable by both the appellant and cross-appellant; (2) for filing a petition for any writ, $100; (3) for retrieval of court records from the secretary of state, actual fees charged by the secretary […]
3-2-404. Disposition of fees
3-2-404. Disposition of fees. Except as otherwise provided by law, all fees collected by the clerk must be paid into the state treasury and must be credited to the general fund. History: En. Sec. 872, Pol. C. 1895; re-en. Sec. 301, Rev. C. 1907; re-en. Sec. 372, R.C.M. 1921; re-en. Sec. 372, R.C.M. 1935; amd. Sec. 1, […]