The mountain Democrat., 1864-04-02
RULES OF THE COUNTY COURT
OF EEL DORADO COUNTY.
Hon. OGDEN SQuIREs, JuDGE.

OF Ell DORADO COUNTY.
Hon. OGDEN SouIREs, JUDGE.
! TO GO INTO EFFECT, APRIL Arm A. D. 1864.
RULE l.
The hour Of 10 o'clock A. NJ. is fixed for the
opening of the Court during term.
The order of business will be as follows:
First-The bearing of applications for natu-
ralIzation.
Second-The arraignment of and hearing of
pleas OF parties indicted for criminal offenses.
Thlrd-The hearing Of motions and demur-
rers.
| tourth-The calling Of the calendar.
! g.. FVth-The trial of cSiuiual causes on the
7 cstieHdhr for the Gay.
| Sixth-The trial of civil causes on the calen-
dur for the day.
RULE II.
On the first day Of the term, before proceed
ing to other business, the Grand Jury will be
| impanneled, when the calendar will be called
and causes set for trial, unless otherwise order-
ed by the Court.
RULE III.
| In all causes appealed to this Court, where
the appeal is perfected fifteen days before the
first day of the next succeeding term, the pa
/ pers on appeal shall be sent up and filed and
: the cause placed on the term calendar on or
be fore the last Wednesday preceding the first
day of the term. II the papers are not so sent
/ up and filed, and the cause placed on the cal
cndar, the appeal may be dismissed, on motion
during the term, without notice, unless good
cause be shown to the contrary, by affidavit, at
/ the time Of the hearing Of the motion. A cause
so dismissed may be restored upon three oays
written notice to the adverse party or his or
her Attorney, upon good cause shown by affi-
dawn, and upon terms On such motion to
dismiss an appeal, it the grounds of the mo-
tlon shall be that the papers are not sent up by
! the Court below that rendered the judgment
appealed from, because Of the non. pay ment of
! fees, the certificate of the Court below of that
fact shall be presented in support Of the mo-
4 ton. II the grounds of the motion shall be
, that the papers have been sent up but not filed
because Of the nonpayment Of fees, the pa
pers or the certificate of the Clerk that the fees
Tor filing remain unpaid, shall be presented in
support of the motion, and want of an entry of
thing on the papers shall be prma facie evil
dence that the fees for filing remain unpaid
! If the grounds Of the motion shall be that the
paIcrS lave been sent up and filed but that the
cause has not been placed on the calendar, be-
cause "t the non-payment Of fees. the certit-
cate IF the Clerk of that fact shall be presented
IN support Of the motion.
RULE ".
In no cause in this Court shall either party
be compelled to go 10 trial unless such cause
shall have been placed upon the calendar on or
before ihe last Wednesday preceding the first
day Of the term. Provided, however, that by
, consent Of Court, cause may be placed upon
: the calendar and set for trial at any time dur ing
the first week of the term, after three davs'
written notice to the adverse party by the par
~ moving the cause on the calendar.
RULE V.
! In causes in this Court, either partv bv
leave Of the Court. NAV amend any pleading or
( paper. that Il fair tial may be had on the
merits, but not 50 as to change the character Of
the action or defense.
RULE VI.
/ If when any cause shall be regularly called
for trl4l, the Plaintiff ur Appellant shall fail tn
appear or proceed to trial, unless for sufficient
! cause shown the Court should otherwise order,
/ the Defendant or Respondent may take dis
m'S,al "t the action, or apply for such relief as
I he may be cnuiled toiu his ple4dihgs.
RrLE VII.
1 Tie first arrlirt,ian for postponemen' Of a
/ trial, "a III" 5ToIud of the absence of evidence,
must be- mad. ni"n affidavit. showing that the
( evidence j. material aud that due diligence has
been used t. rucurc 1t. In criminal causes,
uu'cs, required by The Court, the moving party
u"rd NOT, N hs affidavit, S'a;e the evidence
which he eNpr't| t. obtain. The affidavit must
Stale lhIt hc hiS lliiA ana larry stated The Case
: ru h. Cpuu>rl naming HIM. and that he is
ADVISED Gv his Cuuu>cl, after such statement
made, and helicve> that SAID evidence IL mate
rial aud that he canuot safely 60 to trial with.
. out II.
/ On any subsequent application FIR post
puucrnant o' ihe trial Of i criminal cause, the
ailldtv.; used mus. in addition to the above,
state the evidence which the moving party ex-
! pcct, IT, Obtain and trnu whom and also, state
bis rca>nn> tr b lIcyng the witness will testi
IS 10 such facts.
RULE viz.
/ Agreements or consents between parties or
their Attorneys, relating to Proceedings in uu
H''i"H. Inl>' b. IN writing and Iled, or Ee en-.
ia e1 IN the minutes.
RULE TX.
Whenever Judgment shall be rendered in
, any action, aud the party against whom the
SUM i rendered, ar his Attorney j. not in
Cuurt cr present al the time Of the rendition oi
/ the same tie party, or his Attorney, IN whose
favor The ildLlurnt is rendered shall give notice
"a the adyerS' Ua'tv or his Attorney, in writing,
# the rendition Of the Judgment, and he time
allowed by law in which Ia tile exceptions, or
move tr 4 rev trial, or appeal in such case
shall n"i commence 10 run dutil such notice
Id, been given.
: NICE II~rt + Stu Tho Frpnch Gov.