The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-03-26
IRON f.e Norfolk Landmark Z.
New ItuI ~ FOR the unisea s'"s'

for Inc ranrsh circuit and for the Eastern
Dlstr ,rt 81 Virginia: In pursunnce ~ tns
nc csr conferred by sections 3d. oiu, anu
ma ~ the Revised Statutes, II Is ordeIeu W
TIE Court. on this 18th day OK FeoruaIy'
tsso that the following rules Tor tne ccn.
duct Of business In the Circuit Court Oh 'ns -
limited States for The Eastern Disir'cs VI
Virginia be, aud the same are neIeoy,
adopted. TO take effect on the first Monoay
Of Nav. A. d. 1880, except rs 10 cases penus.
ing before that day, and (excepi as 10 suva
casesl nil other general rules heretofore 20
force are hereby rescinded, so far as tces
NAV be inconsistent with the rules no"
adopted. HUGH L.. BOND
ROBERT w. HuGaEs,
District Judge.
RULES CIRCUIT COURT UNITED STATES EAST
RRS DISTRICT OF VIRGINIA.
1. The rules OF practice. and. pleading
nrcscdbed by the Code Of Virginia for tbt
government of the eommon-iaw courts OF
the State. and the acts passed or to be pass
ed amendatory thereof, shall govern tbs
court on It's common-aw slde,~eXcePe ~
hereinafter expressly modified.
9. The PROCEEDINGS at rules and return
DAYS in this court shall conform to those In
the State courts, and the record-books to1
taking the rules, entering proceedings IN
court, and recording executions shall CORE
sDond to those used in the state courts, ex-
cept that the office-i udgments, after they
become final, shall be kept in a separate
book. TO be called "The Record OF Ofiice'
Judgments"
3. The fees Of the clerk for keeping rule
books and judgment. dockets, and iof
making entries therein, shall he the same hs
are allowed for similar services by the laws
OF Virginia, except so far ~ they are pre-.
scribed by the Statutes OF the Uniieo
States.s
The rlile-days OF this court at Rich
M nd shall be the first Monday, Tuesday,
and Wednesday Of each month; al Norfolk
the second Monday, Tuesday, and Wednes'
,lay of each month; and at Alexandra the
third Monday, Tuesday, and Wednesday oil
each month.
3. In all actions instituted in this court
COPY OF the declaration shall be served
upon the defendant, together with the ORR
einal process IN The action, and the defend
ant shall not lie required 10 plead or demur
until such copy be served.
6. The defendant shall make defence ct
or before the next rule-day succeeding that
to which the process is returnabie, or 1udg-
ment by default or by nal Dict shall be en-
tered against him. But in cases where a
writ of inquiry rs Necessary the cause shall
be placed on the trial docket for further
proceedings TO be had thereon.
7. A copy OF all pleadngs shall be deliver
ed to The opposite party or his attorney at or
before the fling OF the sam, and the oppo-
site party shall not be required TO respond
unless this rule is observed.
&. In case the process is made returnable
TO the term, the defendant shall make de-
fence at or before the next rule-day, and the
same course as to subsequent pleading shall
be pursued az is prescribed for the case OF
return OF process t. a rule-day; and the
case when brought TO issue shall be placed
upon the tr;al-dOcket OF that term, and
cases may be docketed by consent and
stand for trial at any time, and The plead
ing, aud issues in such case may be made
up in court.
o. And in case where the process Is re-
turnabe 20 any rule-day, contested causes
when brought 10 issue, aud causes standing
on writs of inquiry, shall be placed on The
triadocket OF the term then in session.
10. The plaintiff in any action e1 con-
trdctu shall not be entitled TO Judgment I'M
less he shall file with bus declaration an afti-
dayt or affirmation stating the true amount
OF his clam, and shall also file the bond or
single bill, bill OF exchange. promissory
note, or other account By which the defend
ant Is so indebted. and the SAID affidavit or
affirmation, as well as any required under
these rules, shall be made, In or out Of the
State, before any officer authorized to ad-
minister oaths by the laws OF this State or
~ fna Init .1 n
alton shall be certified 10 under the seal OF
the officer administering the same, or il he
has no seal his official character shall be
certified TO under seal by the proper officer.
IL. The plaintiff, although the defendant
may have pleaded. shall be entitled to iudg-
ment as in an uncontested case, unless such
plea contains good defence, and unless The
defendant, or some one IN his behalf, shall,
under oath or affirmation, state that the said
plea is true, and shlll further state The
amount OF the plaintiffs demand, II any
thing admitted to be due, and the
amount disputed. and further that the
affisnt verify BELIEVES the defendant will
he able al the trial of the cause TO pro-
duce sufficient evidence TO support the
said plea as TO the portion disputed, and
that he is advised by counsel to file the
SAID plea; aud such plea shall be accom-
pa0icd by certificate Of counsel that he so
advls ID the party making such oath or az
frmatirn. In Gaze any part OF the debt or
damage claimed be admitted to be due. the
plaintiff may elect 10 take iudgmen' therefor
with costs, IN ftHl satisfaction and di; charge
of the action; or the defendant may pay
such admitted part into court, and there
after. such proceedings shall be had as are
provided for in similar cases by the laws OF
Virginia relating 10 the payment of money
in court.
~. In pursuance of the authority special
ly conferred bv section 9l5 of the Revised
Statutes OF the United States, the laws OF the
State OF Virginia relating TO attachments, so
far as this court has jurisdiction, are hereby
adopted for the conduct OF common-law
cases in this court. Writs Of attachment
shall be directed TO the marshal, who shall
in such cases perform all The duties and eX-
ercise all the powers Of sberiffs, sergeants,
or constables under said laws. Whenever
a bond is required to be given by the plain.
tit or defendan', or any claimant OF proper
~ attached, it shall be made payable to the
defendant or plaintiff, Us the clse may
be, as oblgee. and shall be conditioned as re-
CURED in like cases by Tie laws OF Virginia.
w henever under SAID laws copies are re-
quired to be set up at the courthouse door,
the same shIll be set up at the door Of the
United States Court room for the Eastern
District OF Virginia
All acts and duties authorize d or required
by the attachment laws Of Virginia to be
d me by court or Judge Of the State, or
bv the clerk Of such court, may be done in
like cases by this court or by one OF the |
Judges thereof, or by the clerk thereof, az
the case may be.
13 Whenever any WRITING shall be set up