Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-04-09
Cans of Ohio.
PUBLISHED BY AUTHORITY.

~ ~ nv AAAH
To amend the I05th aud S6Oth sections Of the act
to establish a Code Of Civil Procedure passed
March IL, 1858, and supplementary to said
Code.
SECrIox l. Be Il enacted By tie General As.
semJly Of tie STATE Of Ohio, That tue lO5th sec
ton Of the act to establish code Of civil pro-
cedure, passed March II, 1868, be and the same
is hereby 80 amended as to read as follows: Sec.
los. Every pleading in a court Of record must be
subscribed by the party or his attorney. Any par
ty may, in all eases ia which he would have the
right to use the deposition Of an adverse party,
whether plaintiff or defendant, also, annex to his
pleading, other than a demurrer, interogatories
pertinent to the case, which ~interrogatores, If not
demurred TO, shall be plainly and fully answered,
under oath. When annexed to the petition, they
shall be answered within the time limited for an
sweT in the petition-when annexed to the answer,
they shall be answered within the time limited for
~reply-when annexed to the reply they shall be
answered within the period allowed for answers to
petitions in general; but further time may be al.
lowed, in any case, by the court or judge, in vaca.
ton. Answers to interrcgatories may be enforced
by %nousuit, judgment by default, or by attachment,
as the justice of the case may require; on the
trial such answer may be Used as evidence By eth
er party.
Sec. 2. That section three hundred and sixty Of
said code be and the same is hereby amended 50
as to read as followsi Sec. $50. That the court
where any action is pending, shall have power, on
motion. and on ten days notice thereof, to require
the parties to produce books and writings in their
possession or power, which contain evidence peril
nent to the issue, in cases and under circumstance
where they might heretofore be compelled to pro
duee the same by the ordinary rules of proceeding
in c%haDcery; and if the plaintiff shall fail to com
ply with such order to produce books or writings
the court on motion as aforesaid, may give the
like Judgment for the defendent, as in case of non.
suit; aud it a defendant shall fail TO comply with
such order TO produce books or writings, the court,
on motion as aforesaid, may give alignment against
him by default. Either party or his attorney may
also demand ofthe adverse party, an inspection and
copy, or permission to take a copy of a book, pa
per or document, in his possession or under his
control, containing evidence relating to the merit,
of the action or defence therein. Such demand
shall be in writing, specifying the book, paper OF
document, with sufficient particularly to enable
the other party to distinguish it aud if compliance
with the demand, within four days be refused, the
court or judge, on motion and notice to the ad.
verse party, may, in Their discretion, order the adj
verse 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 document from being given
in evidence, or if wanted as evidence by the party
applying, may direct the jury to presume it to be
such as the party, by affidavit, alleges it to be.-
This section is not to be construed to prevent a
party from compelling another to produce any
book, paper or document, when he is examined as
a witness: Provided, however, that if the party in
possession of any such book, paper, writing or doc
unent shall allegethat the same or any part there
of is of mere private interest, or of such character
that tn: same ought not to be produced, or an in
spection or copy thereof allowed or made, the
cOut may in its discretion, on motion of either
party, direct a private examination thereof by a
master, and if the master shall find that sucl, 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 q copy Of such part Or
parts as he may find pertinent to the case, and
proper to be produced, inspected or copied, and
the book, paper, writing or document, or part there
Of, SO reported, shall be admitted in evidence in
the trial, unless excluded by the court for proper
cause.
Sec. 8. That whenever any person claiming to
have a cause of action or a defence to an action
commenced against him, is unable, without a dis
coHery Of the fact from the adverse party, to file
his petition or answer, such person may bring his
action for discovery, setting forth in his petition
the necessity of such discovery and tho grounds
thereof, and such ~intelrogatories relating to the
subject matter of the discovery as may be necessa-
ry to procure the discovery sought which if not
d%emurred to. shall be fully and directly answered
under oath by tho defendant; upon the final dis
position of the action, the costs thereof shall be
taxed IN such manner as the court shall deem euui-
table.
Sec. 4. That the said original sections los
and 800, be aud the same are hereby repealed,
and that this act shall take effect from aud after its
passage,
N. II. VAN WORRIES,
Speaker ofthe House of Representatives.
LESTER TAYLOR,
D,n-,1.UK e A. O.