RUBRIC (from the Latin rubrica, a kind of red earth or stone), a name given to the titles of chapters in certain ancient law-books : and more especially to the rules and directions laid down in our Liturgy for regulating the order of the service. These, in both instances, were formerly written or printed, as the case might be, for distinction's sake in red characters, and have retained the name, though now printed in black. In the Latin language rubrical has like meanings. It signifies a heading or title of the things which are contained in a law or in an edict. Thus there was an interdict called Unde vi from its initial word, and Unde vi was accordingly the rubrica or heading under which the edict would be found (Dig. 43, tit. 16).
RULE (in Law) is an order of one of the three superior courts of Common Law. Rules are either general or par ticular.
General rules are such orders relating to matters of practice as are laid down and promulgated by the court. They are a declaration of what the court will do, or require to be done, in all matters falling within the terms of the rule. The power of issuing rules for regulating the practice of each court is incident to the jurisdiction of the court. By a re.
cent Act of Parliament (3 & 4 Wm. IV. c. 42), the judges were authorised within five years from the date of it (1833) to make rules of a more compre hensive nature, relating especially to pleading in civil actions. These rules after being laid before both houses of parliament within certain times men tioned in the Act, were to have "the like force and, effect as if the provisions con tained therein had been expressly enacted by parlianient." In exercise of this authority, a number of rules, generally called " The New Rules," have been promulgated, which have intro duced very material changes in the mode of pleading. (Stephens on Plead Chitty on Pleading ; Jervis on the New Rules.) Formerly each court of com mon law issued its own general rules, without much regard to the practice in the other courts. Of late the object has been to assimilate the practice in all the courts of common law.
Rules not general are such as are con fined to the particular case in reference to which they have been granted. Of these, some, which are said to be " of course," are drawn up by the proper officers on the authority of the mere signature of counsel, without any formal application to the court ; or in some in stances, as upon a judge's fiat or allow ance by the master, &c., without any
signature by counsel ; others require to be handed in as well as signed by counsel. Rules which are not of course, are grantable on application, or, as it is technically termed, "the motion," either of the party actually interested or of his counsel. Where the grounds of the motion are required to be particularised, the facts necessary to support it must be stated in an affidavit by competent wit nesses. After the motion is heard, the court either grants or refuses the rule. A role, when granted, may, according to circumstances, be either "to show cause" or it may be " absolute in the first in stance." The term " rule to show cause," also called a " rule nisi," means that unless the party against whom it has been obtained shows sufficient cause to the contrary, the rule, which is condi tjonal, will become absolute. After a rule nisi has been obtained, it is drawn up in form by the proper officer, and served by the party who obtains it upon the party against whom it has been obtained, and notice is given him to appear in court on a certain day and show cause against it. He may do this either by showing that the facts already disclosed do not justify the granting of the application, or he may contradict those facts by further affidavits. The counsel who obtained the rule is then heard in reply. If the court think proper to grant the application, or if no one appears to oppose it, the rule is said to be made "absolute." If they refuse the pplication, the rule is said to be " d* Rules may be moved for either in re ference to any matter already pending before the court, as for a change of venue in an action already commenced, or for a new trial, &c. ; or in respect of matters not pending before the court, as for a criminal information, a mandamus, &c.
A copy of a rule obtained from the proper officer is legal proof of the ex istence of such a rule. (Tidd's Practice; Archbold's Practice.) The rules which regulate the practice of the Court of Chancery are called orders.