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Rule 396. Same: Restrictions (1984)


While a case is under submission, either on the merits of the appeal or on motion, the clerk shall not permit the record to be removed from his office, except on the order of one of the justices of the court. While not under submission, either before submission or after decision, the parties or their attorneys may, by complying with Rule 395, obtain possession of the record; provided, however, that when a case has been decided upon the merits of the appeal, no one, except the losing party or his attorney, shall be allowed to take the record out of the clerk's office until after said party has filed his motion for a rehearing or until the time for filing such motion has expired.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: Minor textual change.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986