The Arkansas banner., 1848-08-08
RrLEs OF PRACTICE FOR TIE SrPREME
 COURT.
STATE OF ARKANSAS, n ,s,a ls THE SuPREmE CoURT. '"'S '''
 Amongst Otheu, were the following proceedings,

Is ysE srrrrsr c.,,.r s' JH'y aerm, 4. D. lsis.
 Amongst Osheu, were the following proceedings. to wit:
 RULES or PRACTICE FOR THE CIRCUIT COURTS.
 Rule l. Prior to the commencement of each term of the Circuit Court the clerk thereof shah copy on the judges docket the names of the enrolled aior neys of such court, placing the States attorneys first the list, and the others in the order of their enrolment.
 2. The judge shall call over the roll of attorneys every morning during the term; and, as their names are called, motions and pleadings will be received and fled
 i 2. Dcmnrrers to declarations, ard motions, and other preliminary defenccs relative to docketed causes. shall be heard on or before the morning of tho day preceding t,st for which the cause, to which they apply shall have been set on fhe docket; and they shall be filed the morning before they are heard sooner, and the opposite party shall have until the morning of the hearing to file his re- sponse. But this rule shall apply to such cases only as may have been set for days subsequent 10 the third day of the term.
 1 1. That in all cases the defendant sha serve upon the adverse party, his attorney of record, on or before the day preceding that for which the is set for trial, uness such be set for trial the first day,) copy of all pleas to the merits intended to be filed therein but the service of such copy shall bc dispensed with whenever the party shall file his pleas on before the day on which such copy is required to be served. l 5. W henever inc defendant shall file his pleas, as provided in the 4th rule, the plaintiff shall file his replication or demurrer upon the calling of his attorneys name on the succeeding morning. ] 6. When demurrer to declaration shall be sustained. the demurrant shall be entitled to tnusncc of the cause, and shall have judgment for all his costs accruug during that term. 1 :. No cause shall be continued on account of the absence of witness, if the opposite party will admit the existence of the facts, which the party making the application shall swear he expects to establish by the absent witness or witnesses, 1 s. On trial of cause, only one counsel on each side shall examine a witness. i 9 It being the province of the court to ex- pound the law, the reading of law books to uries shall not be allowed.
 10. Whenever, in the progress of trial, excep- tons relating to oral testimony are taken and the bill of exceptions be drawn up and signed at the time, 10 entite the party to any benefit from such exception, to authorize him to set out such tes- timony on motion for new trial, the same shall be reduced to writing, and settled by the court or agreement of the parties, and lodged with the clerk before the close of the ria or at farthest on the day thereafter.
 II. If the counsel of the plaintiff or of the party holding the affirmative, valves the right of opening the argument he shall not have the right of concluding.
 l2. When instructions to the jury arc desired, they shall be asked for in writing and s. tiled by the court before argument to the jury; and all n- strucons by the court of its own motion, shall be given in writing if requested by either party i l3. In all discussions, either before the court or jury, counsel shat be confined to the law and the testimony.
 l II. When case shall have been reversed and re. manded by the Supreme Court for further pro ceedings it's hal be continued al the first term of the Circuit Court unless the mandate shall have been lodged with the clerk thereof and no ice in writing served upon the adverse party, or his attorney of record, at least ten days before the commencement
  unless good cause for continuance be shown. Ordered by the court, that the foregoing be adop ted Rules of Practice in civil the common law side of the Circuit Courts of this State.
 It is further ordered that the above rues as settled ahd adopted by this Court. be published in the Ar kansas Banner; and that they take effect and be obligatory on the Circuit Courts of this State, and after the first Monday in September next. lN TESTIMONY that the foregoing is a true copy of the rules and orders in relation thereto
 taken from the record of said Supreme Court l, LUXE F. BARBER, Clerk of said Supreme It. s Court, have hereto set my hand and affixed inc seal of said court at office in the city of Little Rock, this tin day of August, A. D
 ls4s.
 l.. F. BARBER Clerk.