Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-17
RULES
Of the Superior Court of the County Of
Sacramento

Rule III.-Monday o. each weeh shall be
known as Law Day of this Court, and
shall be held in the East Court Room aud be
devoted to hearing and determining motions
and issues of law.
Rule IV-1he Clerk shall keep two cal
endars for the use of the Court One to be
called THE Law Calendar" and the other
1.-The Trial Calendar"
Rule YIN the Law Calender at any
time IL each week prior to . o'clock P. N. on
| Friday, any party to a proceeding pending in
Court may enter the tl5le Of his cause, the
nature of the issue of law or order sought,
and the names of the attorneys Of record.
Matters on the Law Calendar pertaining to
the estate of deceased persons, or the estates
and guardianship of minors or insane persons,
shall be first heard. All other matters on
the Law Calendar shall be heard in the order
of their entry. At P NJ. on each Friday
the Clerk shall write the word CLOSED - i'm
mediately under the last entry on the Law
Calendar.
Rule Win the following cases, placing
the same on the Law Calendar shall be suii-
cient notice to the opposite party: First
Argument of demurrer to a complaint or
answer or motion in arrest of Judgment: or
for judgment on special verdict or to set
aside a nonsuit motion for judgment on
agreed case, If the matter shall be placed ON
the Law Calendar before Law Day inter
venes, or after the demurrer is filed or motion
is ripe for hearing. Second-When notice
of any other melton has been at once duly
given and the entry on the Law Calendar has
been maintained without the intermission of
a Law Day. Any matter once on the Law
Calendar shall not be continued thereon as of
course but if the entry Of such matter is
dropped for one Law Day, two days notice of
its re-eDtry thereon shall be given.
Rule Win case any motion, other than
an parte one, or one specified IN Rule VI,
is to be made, notice shall be served upon
the opposite party, or his attorney, specifying
the relief or order asked. the papers or records
on which the same will be grounded and, if
the motion be for irregula1ity, specifying the
! irregulaIity complained Of; II to amend com
| plant or answer, then containing the pro-
| posed amendment or amendments and refer
ring intelligbly to the place or places Of their
! insertion if to strike out the whole or any
! part OF the complaint or answer, designating
pa ti;ulaily the portion against which, the
motion will be directed. a motion to strike
out any portion of a complaint must be made
before answering or demurring, and notice Of
the motion be made and fled within the time
required to answer; and when such motion
to strike out has been noticed in any case, the
time to answer OF demUr in such case shall be
thereby extended until ten days after the
determination of such motion, unless said
time shall, on the determination of such
motion, be shortened by the Court a motion
to strike out any part OF an answer must be
made before the plaintiff puts the case on the
Trial Calender; but the tendency of motion
to strike from the answer shall not prevent
the setting of the case for Trial, but the mo-
ton shall be determined before trial.
Rule N1ll.--No original pleading or paper
shall be amended by making erasures or in
terlineations thereon, nor by attaching slips
thereto, except by leave Of Court
Rule IN.-On the first Monday in each
month the Trial Calendar Will be called and
cases thereon set for trial. The Trial Cal
endar shall consist of such cases at issue of
fact as shall be placed thereon by the attor-
ney of either party, and shall be closed
on Saturday of the preceding week at L
o'clock NJ.
Rule X-There shall be kept by the Clerk
three Registers Of Action, each with a series
of numbers-one for criminal cases one tor
the estates of deceased persons, and the
guardianship and estates OF minors and in
sane or incompetent persons, and one for all
other cases, with complete indexes for each.
Rule XI-All orders Of Court shall be
entered in one series of books, commencing
with Order Book One, indicating the Judge
entering the several orders, reference to be
made in the index of a case to the page of
the Order Book, and the blotter or rough
from which such entries are made, shall be
preserved by the Clerk.
Rule XIl.-Any deposition on file may be
opened by the Clerk at the request of either
party.
Rule XIII.-During the sitting of the
Court, the Clerk shall daily prepare calen-
dar upon which shall be entered. in their
regular order the causes set for trial on such
day.
Rule NIV.-Whenever in a jury trial
special verdict is demanded the parties be-
fore the argument is commenced TO the jury,
must each submit to the Court, in writing,
the point or points upon which the special
verdict is demanded. The Court shall settle
the points on which the findings are to be
had, and may present points for the special
finding of the jury, in addition to those pre-
scented by the parties All questions for spe-
cal findings must be submitted to the jury in
writing.
Rule XV.-Any instructions either party
may wish given to the jury, must be pre-
sented to the Court in writing before COM
mencement of the argument TO the jury.
Rule XVIII all civil cases in which the
official reporter has rendered services, his per
diem must be paid before any order Of sub
mission or Judgment is entered one half to be
paid by each party, unless the Court other
wise directs.
Rule XVII-No affidavit to which the
adverse party has the right to file counter
affidavit shall be read in evidence unless fled
two days before it is offered to be read, or
unless the Court, for good cause shown, sees
proper to dispense with this rule.
Rule XVIII.-Every order obtained &c
paTte from Judge or the Court Commits
soner must be filed with the Clerk and be
served, by copy, on the attorney OF the adj
verse party within one day after it has been
obtained, or it shall be treated as void. Ii
such attorney be nonresident or absent
from the city, the service on him Is deemed
complete when copy is deposited IN IN t tne
Postofice, postage prepaid, addressed 70 MIN
at his place of residence.
Rule XIX.-In all cases appealed to TINS
Court the paper on appeal shall be nled with
the Clerk within thirty days after the under.
taking on appeal is filed with the Justice; Ii
not so sent up and filed within the time above
limited, the respondent may move to dismiss
the appeal, after giving one days written
notice to the appellant, and thereupon said
appeal NAV be dismissed, unless the transcript
is actually On file at the time such motion Is
called for hearing. In that event he motion
shall be denied, if the appellant pay all costs
incurred by respondent upon said motion,
including an attorney fee OF $40.
Rule XX.-After notice given, and motion
for new trial or petition for rehearing has
been fled, no execution shall issue on judg-
ment until the motion or petition is decided
by the Court, unless the Court shall ether
wise direct.
Rule XXL-When any action shall have
been brought into this Court on appeal by
the plaintiff, and shall not have been placed
on the Calendar for trial within six months
from the date of the fling of the papers in
this Court, the defendant, on application to
the Court, may, upon two days notice, be en-
titled to an order dismissing such case at the
plaintiffs costs, for want Of prosecution, I'M
less good cause to the contrary be shown
Rule X&II.-No attorney shall become
security upon any bond or undertaking. in
any action OF proceeding in this Court.
Rule XAlII.-Before the Clerk shall issue
writ of attachment in any case he shall re-
quire of the plaintiff and file an undertaking
executed in due form III sum equal to one
half the amount sued for; provided, that
such undertaking shall in no case be less than
$500, and that if the sum sued fer he for