Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-03-27
New Rules for fhe u. Courts

w. ohSu!l suU lUI liz lIa,LtEu Dl5tIlCC OF II
gina: 10 pursuauc, of tho power c,uforred by
sections 9l5. 9l6 and 9lS OF the revised stat
utcs. it is ordered by the court, on this 18th
day Of February, $780, that the following rules
tor the conduct Of business 10 the Circuit Court
of the U. s. for the Eastern District of Vir.
Rinia be, and the same arc hereby, adopted, to
take effect on tho first Monday of May, A. D.
1880. except as to cases pending before that
day, and Except as to such cis,s) all other
general rules heretofore in forcs are hereby
rescinded, 50 far as they may DO uconsisteDt
with the rules nov adopted.
HUGu L. BOND,
Circuit Judge.
ROBERT w. HUGHES,
Distric. Judge.
RULES CIRCUIT COURT UNITED STATES EASTERN
DISTRICT OF VIRGINIA.
!. The rules of practice and pleading pre-
scrbod by the Code of Virginin for tho govern.
mcnt of the common law courts of the State,
and the acts passed or to bs passed amendatoly
thereof. shall govern this court on its common
law sldc, except as hereinafter expressly mod.
flied.
,. The proceedings at rules and return days
10 this court shall conform 10 those in tho
State courts, aad the record books fer taking
The rules. entering proceedings in court, and
| recording executions shall correspond to those
used III the State COURTS except that the ollie,
judgments. ettsr they bocome final. shall be
kept 10 separate book, to be cslled Tho Ro-
cord Of Office Judgments"
3. Tho fees Of tho clerk for kcepicg rulo
| books and Judgment dcckots. and for making
entries therein, shall be the same as ara allow
ed for simila. services by the laws Of Virginia.
| txc'pt SO lar as they arc prescribed by tho
statutes of tho u. S.
1. Tho rule day Of this court at Il richmond
| nnsday OF each month; at Norfolk tho seoond
Monday. Tuesday aud "Wednesday of csch
month, and at Alexandria tho third Monday,
Tuesday aud Wednesday, OF each month.
| 5. ln all acions instituted 10 this court q
copy Of the declaration shall be- served upon
| the defeudlnt, together With tho oriei1aI pro-
ctsI 10 tho action. aud the defendant shall not
| be required to plead or dcmu. until such cory
| be served.
6. The d fcpdant shall make dncuca at o.
| before tho next rulc day succeeding that TO
! which the proc S. is returnata. or Judgment
| By default or by uil dist shall DO entered
| against him. But In cases where writ OF To-
| qury Is necessary the cause shall ba placed on
| tho trial docket for further proceedings to BIO
had thereof.
! I. a cJpy of all peadings shall bo:delivercd
to the oppcslte party or bis attorney ct or be-
| lure the filing OF tho same. and the opposite
party shall net be required to respond ull2ss
this rule is observed.
s. ID ca tho process is made rcturnabla to
the trim. tic defendant shsil make dcleLcl at
07 bclafe tic next rule day, and the samo
curse as TO subsequent pleading shall be pu5-
sued as is prescribed for the c.su Of return OF
process to g rule day; aud the case when brought
to issue shall be placed upoa tho trial docket
OF tho: tcr!3, nni ciscs may be dtckotod by
consent aad stand y: !'is at any !uic. an! the
Dleadl12S aud Issues in such csso may b. made
| up in court.
.. And in case whcro tho PROCESS is rc:uru-
able on amp rule day, contested causes when
brought ID issue, aid caDsos standing On Writs
OF lrqulr3. shall be placed On the trial docket CT
The term then 10 session.
| ~. The plaintiff IN Guy aGticn cx c,HirecSu
shall not be euilled to judgment unless he shall
hlc with his declaration an affidavit or afirms-
ton stating tho true amount Of his claim, and
shsIl also file tho bond or single bill, bill of ex-
change, pronlsSory noto or other account by
which the defendant is 30 Indebted, and the
| Soiu hiAuofis VI DILL uulluU, do Wcll ne aUy re-
qulred under these rules. shall bo mado 10 or
out Of the State, before any officer authorized
to administer oaths Ly the laws of this Stale or
OF the United States. Such oath or affirmation
shall be certified to under tho ssal Of the ofio.r
administering tho same, or if he has no seal
his othclal character shall DO certified to under
seal by the proper officer.
/ ii. Tho plaintiff, although tho defendant
may have pleaded, shall BIO entitled to iudg-
ment as IN an uoeontested case. unless such plea
contains good defence, and unless the deauG
ant, or somo ono 10 lis behalf, shall, under oath
or affirmation, state that the said plea is true.
aud shall further state the amount of tho pl,in.
lifts demand, if anything admitted to be due,
and the amount disputed, ani further that tho
athsut verify believes tho defendant will be able
OF tho trial OF the cause to produce sufficient
evidence TO support tho said plea as to tho Dor.
ton disputed, and that he is advised by counsel
to bio the said plea; and such plea shall be
accompanied by certificate Of counsel that he
20 advised tho party making such oath or Of.
hrnatlon. ln cssc any part of the debt or
damage claimed be admitted to bo duo, the
plaintiff moy elect TO take judgment therefor
with cost 10 full satisfaction and discharge of
the scion; or the defendant may pay suoh ad'
mltted part Into court, and thereafter, suoh
proceedings shall DO had as are provided for 10
similar cases by the laws of Virginia relating to
tho payment Of money in court.
IL. 10 pursuatc, of tho authority specially
conferred by section 95 of tho Revised Statutes
OF tho United States. the laws OF the State of
Virginia relating to attachments, so far as this
court has jurisdiction, sro hereby adopted for
tho conduct of common low uses 10 this court.
WITS OF attachment shall DO directed 10 tho
marshal, who shall 10 such cases perform all the
duties and exercise all the powers Of shcrifFs,
serseants, or constables under such laws.
Whenever n bond is required to b, given BY
tho plaintiff or defendant. or any claimant Of
property attached, it shall DO made pay.blo to
tho defendant or plaintiff ps the clso may be,
as oblgee, and shall b, conditioned as required
10 like cases by tho laws of Virginia. Whono
ever under said laws copies arc REQUIRED to be
sct up at tho court house door. tho same shall
DO set up at tho door of the United States Court
room for The Eastern District of Virginia.
All acts and duties authorized or required by
| Tho acb m anf Iono og Viroin;, b. lo,. l.,