Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1889-12-20

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copies OF all papers to be used by the
moving party Except pleadings and
other records OF this courD shall be
served with the motion. Copies of all
cOunter-afiidavits must be served be-
fore the hearing. The motion shall
specify the papers to be used by the
moving party and the grounds of the
motion. Where counter aiiidavits are
allowed the moving party shall have
the right to file atlidavits in reply.
Rule 80. On the hearing of any
motion, the moving party shall first
read the moving paper or state the
contents thereof. The party oppos-
ing shall then read or state the con-
tents OF his opposing papers, to be fol-
lowed by the reading of any papers
which the moving party shall be en-
titled to use in reply. The counsel for
the moving party shall then make his
argument to be followed by the coun-
sci of the opposing party, and the
counsel for the moving party may in
the discretion of the court reply
Rule 33. Upon the hearing of any
motion the aflidavits used by any
party shall be indorsed by the clerk,
fused on the hearing" and filed.
Rule "a. Motions for temporary
alimony, for injunctions, to dissolve
injunctions or to dissolve or quash at
tachments, will be heard on the plead
ings and atfidavits, unless otherwise
directed by the court.
| Rule 35. Motions for continuance
ON account of the absence of witnesses
must be filed as soon rs it is certain
that such motion will have to be made
An affidavit for continuance on ac-
count of the absence of witness, must
state the facts which the party expects
to prove by such witness
Rule 36. If the attorney of either
party shall offer himself as a witness
on behalf Of his client, and give evil
dence on the merits, he shall not on
the trial of the cause argue the case to
the jury, unless by consent of the op-
posite party or permission of the court
Rule 81. No agreement or consent
between the parties or their attorneys
in respect to proceedings in the cause
the purport of which is disputed, will
be regarded by the court, unless the
same shall have been made or assent
ed to in open court and entered in the
minutes, or unless the evidence there,
of shall be made in writing and sub
scribed by the party against whom the
same may be alleged or by his attor
ney.
Rule 3S. When any cause shall be
regularly called for trial, and neither
party nor counsel shall appear, the
cause shall be dropped from the calen
dar or dismissed by the court.
Rule 80. When a cause is tried by
the court or by court commissioner
or referee, the findings of fact shall
not be deemed rendered or made unit
notice of the filing thereof by the clerk
referee or court commissioner, shall bt
given to the party to whom they art
adverse.
Rule 40. Attorneys shall indorse
their Office address. upon each plead
ing and motion filed in cause ant
upon each copy thereof served.
Rule Al. Within twenty days aftel
the issuance of writ of certiorari, the
applicant shall serve notice OF such writ
on the adverse party. Unless due
proof OF such service is filed in the Su
perior court within thirty days aftel
the day the writ was issued, the same
will be dismissed.
Rule AZ. In insolvency cases nc
property will be set apart to the in
solvent as exempt until after the ap
pointmento of the assignee, except upon
notice to the creditors.
Rule 43. A party will not be re
quired to take depositions in any cause
before it is at issue.
Rule A. Whenever by the rules oI
this court, service of any notice or ol
any copy of any motion, pleading OF
other paper is required to be made
upon any party, service upon the at
torney of record of such party shall be
sufficient.
Rule 45. In trials by jury either
party wishing special instructions
given must submit them, plainly writ.
ten or printed and numbered to the
court. Exceptions to the giving or re-
fusal of instructions shall be taken
Immediately after the jury retires.
Rule As. Bills of exceptions, unless
otherwise specially ordered by the
court or judge at the time of the entry
of the judgment, shall be settled as
follows: First. Within ten days after
the entry of judgment the party wish
ing to preserve a bill of exceptions
shall tender the proposed bill, plainly
written or printed and ready for sign
ing to the opposite party.
Second. Within five days there
after, the opposite party shall return
said proposed bill of exceptions, and
shall make in writing or print, serve
and file his objections to the same,
plainly designating wherein said bill is
untrue or deficient; and any objec-
tions thereto not so made shall be
deemed waived, but he shall in no
wise erase, add to, change or mark
upon the original bill as rendered to
him.
Third. Within five days thereafter,
upon written notice to the opposite
party, in which notice it shall be
stated whether the party desiring said
bill of exceptions intends to contest
said objections or confess the same
and amend his said bill, the said bill
and objections and amendments il
any, shall be presented to the Judge
who shall sign the said bill or order
the same amended; and when so or
dered, the same shall be amended to
conform to said order and signed by
the Judge within five days thereafter
and in no case without the special or
der of the court or judge, made and
entered at the time Of the entry oi
said judgment, shall bill of excep-
ton be signed after the lapse oil
twenty five days from the entry ol
said judgment.
Provided, that in case a bill of ex.
ceptions shall be lost, mutilated or in
any material particular defaced, altered
or destroyed, after the same has
been presented to the opposite party
and before the same shall have been
certified to the supreme court, and
the party rendering the bill is without
fault or collusion in that behalf, and
has been diligent to tender and settle
such exceptions and to discover such
casualty, said party shall have the
same time from the date of such dis
covery to supply and tender a new bill