Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-04-16
AN ACT

AN ACT
To amend the 105th and 36Oth sections of the
acttoa Code of Civil Procedure, passed March
II, 1883, and supplementary to said Code.
Section l. Be It enacted By Tie General As
sen,Ny Of the State Of Ohio, That the 105th Sec
ton of the act TO establish a code of civil proce-
dure. passed March IL, 1853. be and the same is
hereby SO amended rs to read as follows: Sec.
los. Every pleading in court of record must
be subscribed by the party or his attorney. Any
party may, in all cases in which he would
have the right to use the deposition of an ad-
verse party, whether plaintiff or defendant, also,
annex to his pleading, other than a demurrer.
heterogeneous pertinent to the case, which in
terrogaforles, If not demurred to, shall be plain
ly and fully answered, under oath. When an
nexed to the petition, they shall be answered
within the time limited for answer to the peti-
tion-when annexed to the answer, thew shall
be answered within the time limited for reply
when annexed to the reply, they shall be an
swered within the period allowed for answers
to petitions, in general: but further time may
be allowed, in any case, by the court or Judge.
in vacation. Answers to interrogatories may
be enforced by nonsuit. judgment or default, or
by attachment, as the justice of the case may
require; on the trial such answer may be used
as evidence by either party.
Sec. 2. That section three hundred and six
ty of said code be and the same is hereby
amended SO as to read as follows: Sec. $50.
That the court, where any action is pending,
shall have power, on motion, and ten DAYS no.
tice thereof, TO require the parties TO
produce books and writings in their possession
or power, which contain evidence pertinent to
the issue, in cases and under circumstances
where they might heretofore be compelled to
produce the same by the ordinary rules of the
proraa61pp in chaucoru. ond if Az 1,;,t.G,L,1
fail to comply with such order to produce books
or writings, the court, on motion as aforesaid,
may give the like judgment for the defendant,
as in case of ~nonsuit; and if a defendant shzll
fail to comply with such order to produce books
or writings, the court, on motion as aforesaid,
may give judgement against him by default.
Either party or his attorney may, also demand
of the adverse party. an inspection and copy, or
permission to take a copy of a book. paper or
document, in his possession. or under his control.
containing evidence relating to the merits of the
acf1on or defence therein. Such demand shall
be IN writing, specifying the book, paper or do
with sufficient particularly TO enable
the other party TO distinguish it, and if compli-
ance with the demand, within four DAYS be re-
fused, the court or judge, On motion and notice
TO the adverse party, may, in their discretion. Or
der the adverse party to give the other, within
the specified time, an inspection and copy, or
permission to take a copy of such book. paper
or document; and on failure to comply with such |
order, the court may exclude the paper or docu-
nent from being given in evidence, or if want
as evidence by the party applying, may di-
the Jury to presume it be such as the party
by affidavit, alleges it 10 be. This section is not
to be construed TO prevent a party from compell-
ing another TO produce any book, paper or docu-
when be is examined as a witness: Pro-
vided, however, that if the party in possession
CT any such book, paper, writing or document
shall allege that the same or any part thereof, is
of mere private interest, or of such character
that the same ought not to be produced, or an
inspection or copy thereof allowed or taken. the
court may, in its discretion. on motion of either
party, direct a private examination thereof by a
and if the master shall find that such
book, paper, writing or document shall contain
matter pertinent to the case. and proper to be
produced, inspected or copied, as aforesaid, he
shall report the same to the court, or a copy of
such part OF parts as he may find pertinent to
he case, and proper to be produced, inspected
Or copied, and the book, paper, writing or docu-
ment, or part thereof, so reported, shall be ad-
nitted in evidence in the trial unless excluded
by the court for proper cause.
Sec. }. That whenever any person claiming
10 have a cause of action or a defence to an ae-
ton commenced against him is unable, without
The discovery of the fact from the adverse party
to file his petition or answer. such person may
bring his action for discovery, setting forth in
petition the necessity for such discovery and
the ground thereof, and such interrogatories re-
to the subject matter of the discovery as
may be necessary to procure the discovery
which if not demurred to, shall be fuIly
and directly answered under oath by the de-
sendant; upon the final disposition of the action,
he costs thereof shall be taxed in such a man
1er as the court shall deem equitable.
Sec. A. That the said original sections los
md $3.50. be and the same are hereby repealed,
nd that this act shall take effect from and after
is passage.
Nh. VAN WORRIES,
Speaker of the House of Representatives,
LESTER TAYLOR,
President of the Senate, pro. tenn.
Columbus, March 6, 1857. {
SECRETARY OF STATES OFFICE, !
COLUMBUS, March IA, 1857.