Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1891-03-21
PRACTICE IN COURTS.
Pull Text Of the New Law M Recon.
mendcd Ivy the ilar Association.
IMPORTANT IOLITluANIs.

r rc, ont Legislative assembly IN the lns
, relative 10 practice In the district couus
passed. IN conformity ~ the request " tie
New Mexico liar nasociatlun. II IA her,
published IN full.
Section l. The first Monday m each
month ~ designated ~ u feturn da, Ter
process issued from the district courts m
civil nctluna tu bring defendants into
court, and each defendant must enter
his appearance ~ the'ccrk's office ou ur
: before the day upon which such process
~ madc ro'urnAbe, " scrvica has been
mad" on hun rs hereinafter provided, or
judgment 10y default ar decree pro con.
fcs,O may bo entered agniust him.
Sec. .. such pruccsa shall be- served
~ the manner now PROVIDED 10y law, and
shall bc feturnnh.c on the iirat return
day occurring not less thnn twenty DAYS
after scrl ice. II defendant IL sued IN nn,
county within the district IN which he
lives, and on the first return day occur
flng not l"ss than thirty days after trf
wee. II defendant ~ su"d ~ any county
onield" ~ the diSttict m which hc hNrs
Scr. J. Process may hlap, at the -
ton ~ plaintiff, he mndr tcturnahlr t.
the first day ~ n term II the district
N'l'Ils lI Nllllll iilNf " hllNll W' WtAt'tl lfl
the manner aud III tho timc- heretofore
provided 10y law.
See. I. Within ten days nft"r defend
ants appearance N entered, plaintiff or
hlf attorney or solicitor shall deliver To
defendant ur hls attorney or solicitor. u
copy ~ ia" declaration or Til ~ com.
plant; and each successive pleading
thereafter shalt be flied with the clerk,
and copy served on the opposite party
or Ia" attorney or BOlICI'ur. within ten
dnys Of the filing. aud service - the
next preceding pleading. Any fuIlurc To-
Tie and serve u pleading within the r.
putcd tome, stall cntItlo the OPPOSITE.
parry u plaintiff, - u Judgment mi dIrlt
or deere" pro Cuufrssn, Bnd II defendant.
To- n Judgm' ~ or decree at dismissal.
provided such Judgment ut decree i, ub
taiu"d b'fur" IT," pleading ~ filed aud
served. my judgment ar decree f.r
lgck ~ appearance ur failure IN pleading
may bc rendered 10y the Judge ~ the dis
tfict ~ amy place where lac may ic NJ
hls district, and tho district courts nrr
declared Ia hc at al times IN session Tor
Tor the purposes ~ this act Final juds
m"ntH ar d,crrcs may be- ia like manner
entered 10y the court OUT ~ regular term
time, Whenever "a trial 10y jury ~ not nee
cssnrN.
Sec .. Arpenls ia equity cIs,s and
wrlis 81 error IA common Law cases may
Oe taken at amy time within one Year
from the dat IL the rendition 81 final
d"Crees or Judgments, and no affidavit
s'nll ho required ~ a condition pr,cr.
dent To- the granting 81 such Hppcals ur
Hrlts ~ error Appeals shah Ice u loved
upon application 10 the district court IN
which the decree app Hled from was rrn
d"red, mud unless such Hpplicatlui and
7 allowance are made IN open court and at
/ the same time AT which the deere" wHs
| rendered, ia" clerk shall issue citation a.
III" opposite party Ia appear IN H." IA
| pt"uo court e. answer such appeal
/ Tier" shall bo no stay II execution ~
/ any equity Cgs", unless the appellant, ar
some person Tor HIM, shall, within nircty
dpyS~ter the deere. appealed from be-
comcs final, give bond, with sufficient
snrct 81, to hc approved 10y the court or
judge To the adverse party, conditioned
| ttHt the appellant shall prosecute his hp
peal with due diligence ~ tho suprcuI"
court. and that. II the decree appealed
from be affirmed. ar the appeal dismissed
he will perform tn. decree ~ the district
court, and pay all damages and cuet nj
judged against him in the supreme court
on such appeal, which Sund shall bo filed
with the clerk Of the district COur. aud
become pnrt ~ the record or unless the
appellant IN executor, administrator,
county or other municipal incorporation
and the decree is sgain.t him hs ouch N
which case the taking 81 appeal shall |
operate Ia stay the execution ~ the de. |
cree. Upon wrI's 81 error, supcracdas or
stay ~ execution may he obtained as pro
ylded in section 2l4 81 the compiled |
laws ~ 1884, aud sections 2lsi. 2!Sj, 2lsij. |
2lS7, and 2l!ci ~ said compiled laws, ar.
hereby repenlci, aud section 2l9i ~
amended by rlking out tho first ecntrn"c
thereof which IN IN follows: "Api;.als !
shnll bc taken and allowed M now pro.
yIded by law"
SOC, q. Any hearing % any kind. |
whether interlocutory or final, unless
trial 10y jury IN necessary. may be- had N |
any cas" out 81 regular term time, upon |
five days notice ~ writing Ia the opposite
party or his attorney or solicitor. Such |
hearing may be ind during u term ~ |
court at any time within thcdIscrctiun 10 |
tl., court.
Sec, !. All service OF notices or other
papera, II made by an attorney or sulrcl.
tor. sheriff or marshal, shull he proved
10y hiA certificate, and IL made Toy Hny
other person, shall be- proved by nilidav
II. MOtlona shall ho served ~ the came
manner ns plcadinga.
Scc. \. The clerks Of the district
courts shall keep, for each county, u
Judgment docket, civil docket, u crimi
nal docket, aud n record or journal ~
the proceedings Of the court. In couu
ties whore the amount ~ business makes
II desirable or convenient Ia do az, they
may keep two records or journals, one
Tor Grimm Il and tho other for civil busi
ness. No other books or records shalt
b" required The civil and criminal
dockcts shall show in convenient form,
the names of the parties IN each cnsr,
the names ~ their attorneys or solicitors,
the nature ~ the case. the fling ~ ench
pager. the appearance AZ parties, - brief
stH enent Ut every return, motion, rule,
order judgment or other proceedings {
with references 10 tho pages Of tho Jour
nal or record where each entry made can
be found, the coats taxed for each item,
oil costs roccived. with columns Tor
clerks and shetir's costs and for witness
tess ~ the said dockets will show IN
brief M outline Of the whole case from ,
Tia beginning and serve As hn index To ,
the Journal, and as fee book such .
dockcts are records ~ the courts The
journal or record Of the court shall
show all proceedings Of the court, but II I
shall not la necessary nor allowable TO q
enter therein any record Of proceedings
which arc tho mere acts Of the parties
To case, such as the Hing OF pagers.
Scc - An filing and serving ~ pa |