The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-04-08
st q & AN ACT,

u Z AN ACT,
To amend the 1O5th and 360th sections of the
act to establish a Code of Civil Procedure,
passed March IL, 1858, aed supplementary
to said Code.
SRcrros /. Be IL enacted BY the General .as-
senbly of the State of Ohio, That the 105th
= section of the act to- establish code of civil
procedure, passed March IL, 1858, be and the
same is hereby so amended as to read as fol-
lows. Sec. 105. Every pleading in court of
record must be subscribed by the party or his
q attorney. Any party may, in all cases in which.
{ he would have the right to use the deposition
ef an adverse party, whether plaintiff or de-
: fDndant, also, annex to his pleading, other than
i demurrer, ipterrogat0ries pertinent to the
q case, which interrogatOries, 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
i. answer to 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 al
lowed for answers to petitions, in general; but
further time may be allowed In any case, by
4 the court or judge, in vacation. Answers to
interrogatories may be enforced by nonsuit,
. 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 either
party.
= SEC. 2. That section three hundred and
= sixty OF said coda be and the same is hereby
:. aezended SO as to read as follows: Section
: $50. That the court, where any action pend
!. Ing, 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 pertinent to
the issue, in cases and under circumstances
where they might heretofore he compelled to
produce the same by the ordinary rules of pro-
- ceeding in chancery; and if the plaintiff shall
fail to comply with such order to produce books
= or writings, the court, on motion as aforesaid,
a may give the like judgment for the defendant
!, as in case of nonsuit; and if defendant shall
. fail to comply with such order to produce books
! or writings, the court, on motion as aforesaid
4 may give judgment 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 book, paper
or document, in his possession, or under his
control, containing evidence relating to the
merits of the action or defence therein. Such
= demand shall be in writing, specifying the
:, book, paper or document with sufficient par
ticulari,y to enable the other party to distin-
Guish it, and if compliance with the demand
= within four days be refused, the court or Judge
On motion and notice to the adverse party, may
in their discretion, order 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 parer or document from be-
ing 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 afida-
Wit alleges it to be. This section is not to he
construed to prevent a party from compelling
another to produce any book, paper or docu-
= ment, when he is examined as a witness: Pro-
~ vidsd hewever, that # the party i'll possession
:, OF any such book, paper writing or document
shall allegs that the same or any part thereof,
lis Of mere private interest, or Of such charac-
ter 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 apriyate examination there
Of by master, and if the master shall find
= that such book, paper, writing 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 or parts as he may find
pertinent to the case, and properto be produc-
ca, inspected or copied, and the book, paper,
writ ng document or part thereof, so re-
, ported, shall be admitted i'll evidence in the
trial unless excladed by the court for proper
cause.