The Empire County argus. [volume] (Coloma, El Dorado County, Cal.) 1853-1857, 1853-11-26
RIFLES OF PRACTICE.

1t WIS ordered that the following be and are
hereby established us the Rules of Practice of the
county Court of I'll Dorado county:
Rule 1st. Previous to each regular Term the clerk
shall make up two regular calendars--one for the
use of the Court and the other for the Bar, upon
each If which original causes shall be entered ac-
cordig to the date of their issue, and appealed
cause according to the date of their filing
Rue ID On the opening of the Court each day,
for the transaction of business, the Sheriff or other
Office in attendance thereon. shall make public
proclamation to that effect at the Court House door.
R,ic 3D. The clerk shall prepare Roll contain
ing tie names of Attorneys admitted to practice at
the lar of this Court. and each day. on the opening
of Curt. as directed in Rule I'd. the officer OF the
Cour shall call toe name of each Attorney inter-
ested in business On the calendar.
RTE .ith The first hour after the opening of
Ccur each day.>uuring the regular Term. shall be
set aart for the hearing and disposition of ons,
unlcs otherwise directed by the C urt or Judge.
R,lc 5th 1t shall he the duty of the clerk to
prerrc a motion docket. Motions for disposition
at ach Term of the Court shall be entered, at
Length on the motion docket at least one day before
the tearing thereof. unless otherwise agreed by the
parties, or directed by the Court or Judge.
Rlle 9th, III the following instance no other no.
tice Il motion shall be necessary than the entry
thcrVf rs prescribed in Rule 5th unless for spc-
calre:saihs. the Court or Judge otherwise direct
fcnahts who have or claim an interest in the con-
trocr>y adverse to the plaintiffs. who are neces-
s;,r 'artes to complete determination or settle
mcpt of the question involved therein.
q. tpage 81 sec 9 & l0) Motions to appoint
Guidians for infants who are parties to sui.
b. Motions to allow an action to be continued by
or ig,inst the representatives of party to suit
on is death other disability, or against the sue
ceSor. in interest. of party.
Oh. Motions to change the place Of trial when
the county designated in the npaint is not the
prPIr onG thoro re,son 70 nseve that an onortal
tral cannot be had therein
When the convenience of witnesses and the ends
of Justice would be promoted by the change; and
wIen from any cause, the Judge is disqualified from
acing.
6h (page SO. sec. 5O) Motions to strike out
SHIN answers and defences
III Motions to order a further account as pre-
scibed in section 81 of the practice act of the year
Isl.
7th Motions to strike out irrelevant or redundant
natter prescribed IN section 81 OF the practice
at of the year 1851.
Sth. Motions to postpone trial as prescribed i'll
s,ction l5S Of the practice act of 1851
9th. Motions for an order requiring a party to
enter satisfaction of a judgment as prescribed in
section 20S OF the practice act OF 1881
10Th. Motion for order requiring judgment
debtor to appear and answer concerning property
sought to be applied to the satisfaction of the judg
nleni, IT'S prescribed in section 239 of the same act
llth. Motion for an order authorizing a judg-
mcnt-crediors to institute an action as prescribed
in section pa of the civil practice act of 1851
18th. Motions for an order to allow Il party to
inspect copy books or documents &c. in the posses
sion or under the control Of the opposite party as
prescribed in section 246 of the practice act of
ISL
A1nt,n,, LIANT int.H
foreign corporation to give security for COSTS us
prescribed in section 5l2 of the practice act of
1851
18th. Motions to consolidate actions prescrib-
ed in section 52o of the practice act Of 1851.
10th. Motions to rc-tax costs in civil cases
l.ulc 1th. Notice of intention to move for new
trial, and notice of the time Of application or hear
ing OF motion shall be in writing.
kule Sth The following motions may be made
without notice viz:
lSt Motions to dismiss an action, for judg-
ment OF non-suit in the cases provided for in
ton l4S of the practice act of 1851,
81. Motions for an order that the subject matter
Of the litigation be deposited in Court, delivered
to the opposite party, as prescribed in section l42
OF same act.
Rule 9th. In all cases where an appeal is perfect
ed len days before the commencement of the next
succeeding Term of this Court. the copy of the
docket. Of the Court below the undertaking filed.
and the notice of appeal, shall be filed on before
the first day of sucn Term. In all other cases ~
days from the time of perfccting the appeal.
Rue 10th. If the copy of the docket OF the Court
'eow, the undertaking filed, and the notice Of ap-
isal not iilcd within the time prescribed the
appeal may be dismissed ON motion Ot any party in
interest without notice, upon satisfactory PROOF OF
the omission. A cause 50 dismissed may be restored
during the same Term upon good cause shown ANA
naicc to the opposite party and, unless restored,
tie dismissal snail be final, and bar to any other
appeal in the same cause.
&ue llth. Satisfactory evidence Of the omission
~ the copy Of the docket of the Court below,
ulaking hled. and notice of appeal referred To
inc lOth, shall be deemed to bc the certificate
of justice OF the eace certifying the amount
oracter Of the judgment, the date Of its rendi-
tiad that an appeal has been taken, with the
tIhen perfected, provided that if any justice
OF reace should refuse (upon request and ten
his fees for the same) to make such certlt-
chen the affidavit Of the party or some one in
half showing such refusal, and the facts re-
III in said certificate, shall be sufficient.
l2lh. 1t, after the appeal papers have been
deed with the Clerk, the appellant fails to pay
Ticket fees on or before the first day of tho