The avant courier. (Bozeman, Mont.) 1871-1872, 1872-03-28

l9UAAnD VI IAl COURT OF 3A& Ik801
JUDICIAL DIsTDECT.
The following ars the rules 81 thu Distric
Court Of the First Judicial District, reported
BY the duly appointed committee or After
ncys at the last term Of the court, in and fol
this CountY, which were adopted:
LIST. The United States and Territorial
Grand Iuries shall be summoned to sppea,
at 10 =. N. on the nrst day Of the term, and
United Ststes and Territorial Trial Juries ii
same hour-the former on the second day, tll<
and the latter on the fourth day Of the term.
Ind. The Clerk, five days before the term,
shall enter the causes on the motion and trial
calendars In the order in which tile issues OF
law and fact may be joined respectively
keeping the criminal, law and equity causes
separate IN the order named, and under the
direcIionof the Judge shall set the causes
fol trial on particular days OF the term, be-
fore which witnesses will not be summoned
to appear. nor parties required to proceed to
trial. As the issues ON the motion calendar
are disposed Of, the causes shall be trans
ferred to the foot Of the trial calendar.
3d. The first three days of each term
shall be devoted to the hearing of motions
and de,nurrers, and the trial of equity causes
and law causes in which jury may be
waived. But when the Court sits for the
trial OF United States as well as Territorial
causes, the first six days, or SO much thereof
as may be neces airy, shall be devoted to the
trial Of causes arising Under the constitution
and laws of the United States.
4th. The first hour OF each day of the
term shall be denominated the s.morning
hour and devoted to reading and approving
the Record, and hearing motions and demur-
rers.
9th. There shall be but two calls Of each
calendar. and the causes on the trial calendar
shall only be called On the days OH which
they are set for trial.
9th. All motions, and notices Of motions,
(when necessarily, shall be in writing, and a
certified copy thereof served o. the opposite
party, or his attorney, unless copy be
waived in writing on the original.
7til. Motions tor continuance. except by
agreement, shall be filed before the day set
for trial, unless for cause arising thereafter.
8th. No person other than an attorney OF
record. except party appearing Of record
in his own behalf, shall take any paper or
papers from the files of the Clerks office.
and then only upon receipt therefor in book
to be provided by the Clerk. specifying the
case, paper, when and by whom taken. And
all papers belonging to the files OF the Clerks
Office shall be returned thereto on or before
the commencement of the term, when and
by whom returned entered in the book, and
placed in the proper files by the Clerk. The
records belonging to the Clerks Office shall
not be taken theretrom except by the Clerk
or his Deputy.
9th. Exceptions to dispositions, other than
to the competency OF witnesses, or the rels-
yancy or competency Of the testimony there
in. shall be in writing, specifying the grounds
thereof, and filed ct least the day before the
cause u finally called for trial, unless the de-
positions themselves are filed thereafter.
10TH. When demurrer to a complaint il
over-ruled, r Judgment by default Is entered
against defendant. no leave to answer will be
granted except upon the affidavit of the de-
fendent, his agent, or attorney, that he has 3
good defense. When the affidavit is not
made by the party it shall specify the reason
thereof.
llth. Not more than two counsel on
each side Of any matter before the Court or
jury will be heard, unless by leave, upon
application and good cause shown Iherefore
before the argument commences. And the
party having the opening and close thereof
shall, in the first instance, make fair OPEN
ing, stating the propositions contended Tor,
and citing the authorities relied upon.
l2th. No charge or allowance for the at
tendance Of witnesses shall be made, unless
such witnesses shall have been duly subpn-
naed or they shall make affidavit of the num-
Der of days actually attended. the number of
miles Travelled. and that the attendance was
at the instance of one or both parties, or
their agents or attorneys, and then for not
more than Two to prove any one material fact,
unless by leave of Court upon good cause
shown.
18Th Motions for the relaxation OF costs
will not be heard unless notice thereof In
writing has been given to the opposite party,
or opposite attorney, or is expressly waived.
14th. The Clerk shall tax only such fees
as are provided by statute. unless the
Court has passed upon and allowed the same.
10th. All statements fur new trial, or on
appeal, thall have the pages and lines num-
bered on the margin.
18th. Exceptions to instructions to che
jury shall be in writing. specifying the
grounds thereof, and shall be presented to
the Court before the cause is finally submit
ted to the jury, unless upon application and
good cause shown further time is granted.
The tact OF specification and presentation
shall appear OF record.
18th. Applications for injunctions, APP
pointment OF Receivers etc., shall be heard
Dnly on written afiidavits and record evil
lence. and on all such applications the Mas
.er in Ghancery may take the testimony and
,eoort his findings thereon, together with the
estim Dny, to the Court or Judge,