The Empire County argus. [volume] (Coloma, El Dorado County, Cal.) 1853-1857, 1853-12-31
RULES OF PRACTICE.

the Rules of Practice in the District Court of Ell
Dorado County, 9th judicial District,) to wit.
Rule l. Previous to each regular and special
Term, the Clerk shall make up two calendars, one
for the use of the Court and the other for the Bar
upon each of which, causes shall be entered accord
ing to the date of their issue.
Rule 2. On the opening of Court, ofeach day, for
the transaction of business the Sheriff or other Of
icer in attendance thereon shall make public proc
lamaton to that effect at the Court House door
Ruie 3. The Clerk shall prepare roll containing
the names of Attorneys admitted to practice at the
Bar OF the Court, and each day, the opening OF
Court as directed in Rule 2, the officer of Court
shall call the of each Attorney interested in
business on the calendar.
Rule 4. The first hour after the opening of Court,
each day during tie regular Term shall be set
apart for the hearing and disposition Of motions un-
less otherwise directed by the Court or Judge.
Rule 5. 1t shall be the duty of the Clerk to pre-
pare two Motion Dockets-onc for the General and
the other for the Special Term.
Motions for disposition at the General Term, shall
be entered at length on the Motion Docket Of that
Term, at least one day before the hearing; unless
otherwise agreed by the parties, directed by the
Court Judge. And the like rule shall be observ-
ed in regard to motions for disposition at the Special
Term
Rule 6. In the following instances no other no.
tice of a motion shall be necessary than the entry
thereof as prescribed in Rule s. unless, for special
reasons, the Court or Judge otherwise direct
1st. Motions to introduce defendants who have
or claim interest in the controversy adverse to
the plaintiff or who are necessary parties to
plete determination settlement of the question
involved therein Act of 1851, page 50, Dec. 13
2nd. Motions to appoint Guardians for Infants
who are parties to SUITS Act of 1851, page So
Sec. 9 and 10.
Sd. Motions to allow an action to be continued by
or against the representations of the party to suit
! 10, a., h.,
cessor in interest of party.
4th. Motions to change the place of trial, when
the County designated in the complaint is not the
proper one
When there is reason to believe that an impartial
trial cannot be had therein.
When the convenience of witnesses and the ends
of justice would be promoted by the change.
When, from any cause, the Judge is disqualified
from acting
5th Motions to strike out sham answers and de-
fences Act of 1851, page 58 Sec. so.
9th Motions to order further account, as pre-
scribed in section Sc of the Practice Act for thu
year 1851.
7th Motions to strike out irrelevant rcdun
dant matter as prescribed in section 81 Of the Prac
tice Act for the year 1851.
Sth Motions to postpone It trial as prescribed il
section l5S of the Practice Act of 1851.
9th. Motions for an order requiring party to en-
ter satisfaction Of Judgment, prescribed i'll sec
ton 20S Of the Practice Act of 1851
10Th Motions for an order requiring jwdgmel
debtor to appear and answer concerning propert,
sought to be applied to the satisfaction of the judg
ment as prescribed in section 239 of the same Act
11th Motions for an order authorizing a judg
meH creditor to institute action prescribed il
section pa of the Civil Practice Act of 1851.
18th. Motions for an order to allow party t.
inspect or copy books, documents, &c. in the pos
session or under the control ofthe opposite party
as prescribed in section 446 of the Practice Act o
1851.
18th. Motions to require nonresident plaintiff
or foreign corporation, to give security for COSTS
prescribed in section 5l2 of the Practice Act O.
1851.
l4th Motions to consolidate actions, as prescri
bed in section 526 of the Practice act of 1851.
! 18th. Motions to re-tar cost in civil cases.
Rule 7. When written notice of motion is ne
cessary it shall be given if the Court be held in th
same district with both parties, five days before th
time appointed for the hearing ten days
but the Court or Judge may, by" an order to shoy
cause, prescribe shorter time.
Written notice of motions shall be necessary il
the following instances, viz:
lst Applications for an order of Court authori
zing Judgment to be entered against Bail, as pre-
scribed in section 81 of the Practice Act of 1851
2nd. Applications to vacate all order of arrest il
a civil action, as prescribed in section 81 Of tn
same Act
Sd. Motions to dissolve an injunction, as prescri
! bed in section llS of the Practice Act of 1851
| 4th Motions to discharge an attachment upol
/ the execution of an undertaking, prescribed il
section 1876 of the same Act.
5th Motions to discharge an attachment beor
answer as prescribed in section 1873 of the SAM
Act
9th Motions for new trials, as prescribed in sec
tion l95 of the Practice Act of 1851.
7th Motions to recover against bidder at Sher
ifs Sale as prescribed in section 224 of the SAM
Act.
Sth Motions to sell additional mortgaged prop
erty, as prescribed in section 24S of the Practice
Act of 1851.
9th Motions for leave to enter upon Real Estate
which is the subject of litigation. and make survey
&C., as prescribed in section 25S of the same Act.
10th. Motions to discharge attachments agains
boats vessels, &c, prescribed in Section 327 o
the Same Act.
1lth. Motions to modify awards, as prescribed ii
section 3S7 of the same Act.
10Th. Motions to vacate awards, as prescribed il
section 3S6 of the same Act.
18th. Applications for the issuance of commiss
IONS as prescribed in section 433 of the same Act.
Rule s. The following motions may be made
without notice-yiz
1st Motions to dismiss an action, or for .judg
ment of non-suit in the cases provided in section
l4S of the Practice act of 1851.
| End Motions for an order that the subject mat
ter of the litigation be deposited in Court deliv
cred to the opposite party, as prescribed in section
| l42 of the same Act
Rule 9. When an application shall be made up