The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1861-04-20
Rules OF Court.

lty havcrTED APRIL 18th, 1861.
l. All existing rules of Court are hereby res
cinded.
q The Clerk shall file all pepers, noting the
date and attach the same to the previous papers
in the cause, if any, in the order in which they
are filed.
8. On overruling or sustaining any pleading or
motion, the Clerk must endorse thereon, "over-
ruled" or sustained" as the case may be, with
the date, in addition to the record entry
4. The Clerk shall in all record entries, insert
the names Of the Attorneys of the respected par
ties appearing to such proceedings, and in all
record entries of judgments, DEGREES, or final
orders, the names of the parties to the suits as
fully as they appear in the pleadings.
5. Motions for new trial, and in arrest of
judgment not disposed of at the term at which
they are made, shall be considered as aban-
doned unless continued by order of the Court
6. All motions for corrections of transcripts
from Justices of the Peace, shall be made on or
before the 9th day of the term to which such
transcripts are returnable.
Z. Causes on Procedendo from the Supreme
Court, shall he docketed according to precedence
of their original date of commencement.
8. All exceptions to dispositions other than
for incompetency or irrelevancy, must be made
during the first term at which they are filed or
the first term after filing, if in vacation, or they
Will De CoHsiueIcu as WdiVcU
Q. The Clerk may refuse to file any paper or
pleading which has not blank space of at least
one inch in width at the top of such paper
10. All orders and DEGREES in Chancery shall
be written out by the Solicitor and submitted
to the opposing Solicitor, if any, and to the
Court, and when approved by the Court, shall
be signed by the Judge and fled with the pa
pers in the case and entered of record.
H. The demand for default mentioned in
Section 3l4S of the Revision of 1860, may be
made to the Clerk when the right to default oc-
ours in vacation by filing with the Clerk a writ
ten claim of such default, and thereupon the
Clerk shall make written entry of such de-
mands which shall be ordered by the Court at
the next term, unless set aside as provided in
Section 1850.
IL. That when any pleading subsequent to the
original petition shall be filed as to which re-
ply is necessary to putt in issue, no default shall
be taken for want of such reply, until the party
filing such pleading shall have given one day
notice on the notice book that pleading re-
quiring reply has been fled in the case, but
this rule shall not shorten the time allowed by
the Code for filing such reply.
13. Amendments to pleadings may be allowed
by the Clerk in vacation, in any case where the
Court might allow the same, but the party
filing such amended pleading must give notice
the same.
l. IA. Application to the Court for leave to
amend pleadngs must be accompanied by the
paper prepared to be pied as the amendment,
and no application where the paper is not SO
presented shall be heard.
IL Instructions requested by Counsel to the
Jury on points Of law, must to insure atten-
ton, be prepared and handed to the Court be-
fore the commerceme Of the closing argument.
Is. The 6!e Of papers in cause shall not be
taken from the Clerks Office in vacation, ex.
cept by some Attorney of the Court, who shall
leave in the bundle from which the file was taken,
a paper with his signature, containing the style
! and number of the case, and the date of his re-
ceiving It; and depositions shall not be taken
from the Clerks Office without the written con-
position shall be taken from the Clerks Office,
without the permission Of the Clerk.
II. The Clerk shall attach to the file Of pa
pers in each case, paper in which he shall en-
| ter short memorandums Of the filing of all pa
pers, all slips, orders and proceedings in said
case, with the dates thereof
Is. In all cases where appeals are taken from
| judgments Of Justices of the Peace and County
Courts, which appeals are allowed ten days be-
| fore the succeeding or subsequent term of the
District Court, and the appellant neglects to have
| certified transcript filed with the Clerk of the
said District Court, or an affidavit showing some
cause for not SO doing, on or before the second
| day of said term Of this Court, then the appellee
may on the second or any subsequent day of such
term have transcript Of such judgment and
copy of appeal bond filed, and the case docketed,
and the judgment against the sureties ON the
bond. This rule applies to cases whether notice
| Of appeal has been filed or not This rule shall
not be taken to preclude filing appeals already
taken by the second day Of the next term there
| after. q ] 1
10. The rules of practice of the Revision oi
/ 1860, of the Laws of Iowa, are hereby adopted
ss the rules Of this Court in all cases nov pend
ing or hereafter brought into Courts of this Di6
trict, 80 fer as this Court can we'll adopt them Of
! the cases now pending. M 4