Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-03
SUPERIOR COURT RULES.

judges Clark and benson adopteo al SaeiAe
new set of rules to govern the practice before
the SUPERIOR Court of this county. They are
to take effect on the first Monday in Septem-
Der 1881. and all rules now in force are to be
superseded and vacated upon that day. They
are as follows:
/. The hour of 10 o'clock a. NJ is fixed for
the opening of Court.
3. tx parte motions will be in order each
day upon the opening of Court in the morn
ing, but not after any case has been taken up
/ for trial or argument. Applications for natur-
alization will be regarded as ex!parte matters,
and may be heard in either department.
8. For the convenient and orderly transac-
ton of business this Court, when not sitting
in bank, will sit in departments, to be desig-
mated Department No. l" and " Depart
ment No. %
4. Department Number One will sit in the
West Courtroom, and Department Number
Two in the East Court-ro room. The Court will
sit in bank in the East Courtroom.
5. The Judge of either Department Will
preside in the other Department upon request
of the Judge thereof, or in case OF his ao-
sence or inability to act.
6. All cases on appeal from inferior Courts
to the Superior Court, all probate and all
! criminal proceedings excepting cases OF
homicide). all proceedings in insolvency, all
actions Of forcible entry and detalner, and
all special proceedings not otherwise pro-
vided for, are assigned to Department Num-
| Der One All other cases are assigned 60 De-
partlnent Number Two. For sufficient cause
shown any case or proceeding may be trans
fsrred from one Department to the other, i,
z. All documents and plesdings intended
for the files of this Court shall be on paper
I 80 VS.
without erasures or interlineatioDs, unless
noted thereon by the Clerk at the time OF
fling. No original pleading nor paper shall
be amended by making erasures or inter
liueations thereon, nor by attaching slips
thereto, except by leave of Court.
s. The Clerk shall keep two calendars for
the use of the Court: One to be called
IS The Law Calendar and the other The
Trial Calendar"
8. The law calendar shall be made mp on
Saturday Of each week by the Clerk, and
shall consist of such matters as he may be
directed on or before 5 o'clock P. N. on Friday,
by any party to proceeding, to place there
on. Such direction shall be in writing, and
shall contain the number and title of the
cause, the names of the attorneys, the nature
of the motion or proceeding, and the De-
partment to which the case belongs.
10. In the following cases, placing the same
on the law calendar shall be sufficient notice
to the opposite party:
First-Argumeut of demurrer to a COM
plant or answer or motion in arrest of judg-
ment or for judgment on special verdict; or
to set aside nonsuit or motion for judg-
ment on agreed case, if the matter shall be
placed on the law calendar before a law day
intervelles, and after the demurrer is filed or
motion is ripe for hearing.
Second-When notice of any other motion
has been once duly given and the entry on
the law calendar has been maintained with
out the intermission of 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-entry
thereon shall be given.
IL In case any motion, other than an ex
parte one, or one specified in Rule X, 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 shall be grounded; and,
if the motion be for irregularity, specifying
the irregularity complained of; if to amend
complaint or answer, then containing the
proposed amendment or amendments, and
referring intelligibly to the place or places Of
their Insertion; If to strike out the whole or
any part of the complaint or answer, designa-
ting particularly 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. ard
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 or demur in SIC !
case shall be thereby extended until ten days
after the determination OF such motion, un-
less said time shall be shortened by the Court
A motion 10 strike out any part of an answer
must be made before the plaintiff puts the
case on the trial calendar; but the tendency
of q motion to strike from the answer shall
not prevent the setting Of the cause for trial,
but the motion shall be determined before
trial.
u. On the first Monday in each month the
trial calendar will be called and cases thereon
set for trial Such calendar shall consist of
such cases at issue of fact as the Clerk shall
be notified by the attorney Of either party to
place thereon. Such notice shall be IN writ
ing, shall contain th9 number and title OF the
cause, the names of the attorneys, and the
Department to which the case is assigned by
these rules, and shall be delivered to the
Clerk before ) o'clock P NJ on Friday preced-
ing the calendar day. The Clerk in making
up the calendar shall place the cases thereon
as follows First-Al cases TO be tried in
| Department No. One il the order In which
notifications are received and second, all
cases to be tried in Department No. Two iu
| the same order.
IS. There shall be kept by the Clerk three
registers of action, each with a series of num-
| beers one for criminal cases; one for the
estates Of deceased persons, and the guardian
| ships and estates Of minors and insane OF
incompetent persons and one for al other
cases, with complete indexes for each.
| Ii. All orders of Court shall be entered in
one series Of books, commencing with Order
! Book One, indicating the Department and
| the Judge entering the several orders, refer
! ence to be made 10 the index OF a case to the
page of the order book. and the blotter CT
rough minutes taken in the presence Of the
| Court, from which such entries are made,
! shall be preserved by the Clerk.
! 10. Any deposition on file may be opened
| by he Clerk at therequest of either party.
| 10. During the sittings of the Court the
/ Clerk shall daily prepare separate calendar
| for each Department upon which shall be
entered in their regular order the causes set
for trial on such day in said Department.
| II. Whenever in q jury trial special
verdict is demanded, the parties. before 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 desired. The Court shall settle the points
/ on which Lle unulISS are 70 De ndtl, ana may
present points for the special finding ofrhe
| jury, in addition to those presented by the
| parties. All questions for special findings
must be submitted to the jury in writing.
! is. Any Instructors either party may wish
given to the jury must be presented to the
Court in writing before the commencement
of the argument to the jury.
/ 70. In all civil cases in which the official
reporter has rendered services, his per diem
must be paid before any order of su mission
or Judgment is entered, oae-half to be paid
| By each party unless the Court otherwise
! directs.
20. No affidavit to which the adverse party
| has the right to file counter affidavit shall
be read in evidence unless filed two days be.
fore it is offered to be read, and notice of such
| fling given to the opposite party, or unless
| the Court, for good cause shown, sees proper
| to dispense with this rule.
u. Every order obtained ex parte from O
Judge or the Court Commissioner must be
fled with the Clerk and served. by copy, on
the attorney OF the adverse party within one
| day after it has been obtsined, or it shall be
treated as void. If such attorney be a non
resident, or absent from the city, the service
on him is deemed complete when copy Is
deposited in the Postofice, postage prepaid,
addressed to him st his place OF residence.
No ex parts order extending time to plead OF
staying proceedings will be made exceptupon
one days notice to the adverse party, or upon
affidavit or other satisfactory showing Of
cause therefor