Arkansas intelligencer., 1848-08-26
VOLUME 7-NO. o. !
} SUBSCRIPTION PRICE s.. w )
From the Arkansas Dem-ctat.
RulCS Of PraCiice.

Below, at,the request Of Judge Contcay 3, wo
give correct copy Of the Rules of Practice for the
Circuit Courts in this State, take effect on tho
lst Monday of September, prox.:
Rules Of pra fice in cioa cases on Ire common Iaao
side Of lie Circuit Courts. Seifled and adoDied
by the Supreme Court, at The July term, 1913.
RULE l. Prior 10 the commencement of each
term o! Circuit Court, the clerk thereof shall copy
on the judges docket the names of ,he enrolled
attorneys al such court, placing the States ator-
ney'S name first on the list, and the others in tho
order Of their enrolment.
,. The judge shall call over the roll of the at
torneys every morning during the term and, as
their names are called, motions and peadlngswill
be received and filed.
). Demurrers TO declarations and motions and
other preliminary defences relative to docketed
cases, shall be heard on or before tho morning OF
the day preceding that for which the cause shall
have been set on the docket; and ,hat ;hcy shall
be filed the morning before they are heard or SOON
er, and the opposite party shall have until on tho
morning Of the hearing TO file his response. But
this rule shall apply TO such cases as may have
been set for days subsequent tho third day of tho
term.
/. That in all cases the defendant shall servo
upon the adverse party, or his attorney of record,
on or before the day preceding that for which the
cause is set fot trial. (uniess such DO set for
'li' OH lAC lliSb ia y d copy OF ol pICuS 10 llO
merits intended to be filed therein but the service
Of such copy shall be dispensed with whenver the
party shall file his pleas previous TO the day the
case stands docleted for trial.
>. Whenever the defendant shall file his pleas,
or serve copies as provided IN the 4th rule, The
plaintiff shall file his replication or demurrer upon
the calling his attorneys name on tho succeeding
morning.
6. When demurrer to a declaration shall be
IDel- ne daruurronf ShalI ba to
tIauan % Of Ihe cause, and 10 judgment for all his
costs 0ccrulug during that term.
7. No cause shall be continued on account OF
The absence OF a witness, or witnesses, if the OPP
posite party will admit the existence Of the facts,
which the party making the application shall swear
ne expects 10 establish by the absent witness or
Witnesses.
g. On trial of the cause. only one counsel on
each size shall examine a witness.
9. When Instructions TO tho jury are desired,
they shall be asked for in writing, aud settled by
The court before argument TO the jury ; and all
instructions by the court, of It's own motion, shall
be given IN writing if requested by either party.
10. 1t being the province Of the court to expound
the law, the reading Of law books TO juries shall
not be allowed.
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.
u. Whenever, in the progress Of a trial, excep-
tons relating to oral testimony taken, and the
bill Of exceptions be not drawn up and signed at
the time, TO entte the party to any benefit from
such exception, TO authorise him TO set out such
testimony motion for a new trial, the Same
shall be reduced 10 writing, and settled by the
court or agreement Of the parties, and lodged with
the clerk before the close of the trial, or al far
thest on the day thereafter.
l3. In all discussions either before the court or
jury. counsel shall be confined to the law and tho
testimony.
II. When a case shall have been reversed and
remanded by the Supreme Court for further pro-
ceedings, il shall be continued al the first term Of
the Circuit Court unless the mandate shall have
been lodged with the clerk thereof and notice in
writing served upon the adverse party, or his at
torney Of record, at least ten days before the
mencement of that term in which case il shall
stand for trial, unless good cause for continuance
be shown.