The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1869-09-17
RULES OF COURT.
.coND JUDICIAL DISTRICT OF MONTANA.

s.slcoxp JUDICIAL DISTRICT OF MONTANA.
To District Court Of the Second Judicial District
of bntans Territory, Deer Lodge county.
ThSlndersigned, appointed BY order u said Court
at the Aay term, 1861. committee to report rules OF
Court submit tho following and recommend their
adoption.
RULEl Five days before the Arst day of eash tosuo
Of the Court the Clerk shall make tive calendas ofsl
easssv q issue either u INV o. fact onsfos thseoA
and one for the Bar.
He .hsll w:ite In the calendars the names OF all the
parties, plaintiffs and defendants aud tho names ct
their respective attorneys opposite on tie left hand
side. On the right Of the names Of the parties he
sha note the status Of the cause to each defendant
whether on answer, demurrer, motion, default, css
Causes coming to isvue Afer the calendar Is ..dc'
ont, shall he added to the calendar N their order
R,uEs. Criminal business and business in tho
United States Court, SHALL in the discretion Of the
Court, have precedence Il civil business.
RULE On the Arst day II each term the calendar
shah be Called and all causes ut issue Of fact shan b.
set for trial on day certain.
RULE4 AZ the time cause 10 Get for TRIAL the par
ties shall state whether not they desire trial by
iury. and the fact shall be noted on the calendar.
Jury causes shall be first tried and then those for
trial by the Court. Il"
RuLEa No cause which is not at issue Of fact be-
fore the tenth day Of the term shall be for trial at
that term, except by conssat Of parties.
RULE e. The first and second days Of the term shall
be devoted to the hearing Of demurrers and motions
Demurrers and motions filed after the second day Of
the term, shall b. for hearing at any time when con
ycpicnt to the Court after day from the time they
are fled.
Az soon AZ cause 10 brought to an issue Of fact
after the decision Of demurrer or motion tprovoeo
It be before the tenth day Of the tsrml 1t shall be st.
for trial.
RULE7. Whom demurrer motion to strike out
correct pleading Is overrulcd the party demurrins
or movin. shall answer reply within twenty four
hours after the decision.
When demurrer or motion to strike out or correct
pleading Is sustained and leave to amend IL given
the amended pleadn: shall be fled within such time.
not to exceed five days, ~ may be allowed BY the
Court and the party dumurrng or moving shall have
ten days to plead after the filing Of the amended plead
Ing.
RULE All applications for continuaaccs In causes
at issue Of fact on the nrst day Of the term shall b.
made Oh before the second day Of tho term ansss
for cause arising after tsat time.
In causes which cOme Issue after the hrst and b.
fore the tenth day Of tho term applications fur eonsn
uanoes shall be made within two days after the issne
IL made mp ..'.
RULE9 After the first day 1T the term the order Of
business for each day shall be N follows: 80.
1st. Reading the minutes Of the preceding day..
ID. Hearing Of er-parIs motions
Sd. The calling of the calendar for the day.
RULE H. On the argument Of motion the party
moving shalt be entitled p eess ths argument, and in
I'll cases of order to cause the patty At wh'so
Instance the order We sgss md q, s'o.. no'
Nm b. allowsa y ussi sttn.ouy only.
RuL. H.. No aftossai 1b - sessiyed - surety o.
aay besS, nsi q i, So fled or
entered into N ~ Z psses'ag r. Y thi. Court.
RuLs II. No sqyssaee essea The parties or
gAsir aEassnays 70 tie proceedings In cause
Tin b regarded 6y the Court unless the same shal
have been made in open Court and entered In the min
utcs noted by the Judge or unless the evidence
thereof shall BE- in writing, subscribed BY the party OF
his attorney against whom the same may bc alleged
RULE 13. No bill of costs shall be re-taxed unless
the motion to rctax be made within Ave days after the
judgment. 10 entescd g ::
RULE H. In al rstuns made by an officer or other
person of service Of process papers, the return shall
state the place OF service each person served and
oha contain statement Of the items Of fees charged
including the number Of miles necessarily Travelled.
y ! u Sd s Sh2$;Ss$S'' COMMITTEE.
It Is hereby ordered that the foregoing rules he and
the same arc hereby adopted the rules Of the Dis
trict Court for the I'd Judicial District for Montana
Territory aud 1t IL further ordered that the ~
published in the following newspapers, viz: THE New
NORTH WEST and the Deer Lodge Independent, for
one week. ,. HIRAM KSowLEs.
Judge.
Dated, DEER Lodge CITY, NJ r., Sept. 9, 1869.