Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-03-05
PRACTICE In DISTRICT COURTS.
Full Text of the New Law as Recon-
mended by the Bar Association.

recent legislative assembly is the la,
relative to practice in the district courts
passed in conformity to the request of th
New Mexico Bar association. At tn
solicitation of number of reader
among the legal Fraternity the New
MEXICAN herewith publishes the law il
full:
Section |. The first Monday in eacf
month is designated as return day fol
process issued from the district courts in
civil actions to bring defendants into
court, and each defendant must enter
his appearance in the clerks office on OF
before the day upon which such process
is made returnable, if service has been
made on him as hereinafter provided, OF
judgment by default or decree pro confes-
so may be entered against him.
Sec. 2. Such process shall be served
IN the manner now provided by law, and
shall be returnable on the first return
day occurring not less than twenty days
after service, if defendant is sued in any
county within the district in which he
lives, and on the first return day occur
ring not less than thirty days after SER
vice, If defendant is sued in any county
outside of the district in which he lives.
Sec. 3. Process may also, at the op-
ton of plaintiff, be made returnable to
the first day Of a term of the district
court, in which case it shall be served
IN the manner and at the times heretofore
provided by law.
Sec. 4. Within ten days after defend
ants appearance is entered, plaintiff or
his attorney or solicitor shall deliver to
defendant or his attorney or solicitor, o
copy of the declaration or bill of com
plant; and each successive pleading
thereafter shall be filed with the clerk,
and copy served on the opposite party
or his attorney or solicitor, within ten
days OF the filing and service of the next
preceding pleading. Any failure to file
and serve a pleading within the required
time, shall entitle the opposite party if
plaintiff, to judgment nil dicit or decree
pro confesso, and if defendant, to judg.
ment or decree of dismissal, provided such
judgment or decree is obtained before the
pleading is filed and served. Any iudg-
ment or decree for lack of appearance or
failure in pleading, may be rendered by
the judge of the district at any place
where he may be in his district, and the
district courts are declared to be at all
times in session for the purposes of this |
act. Final judgments or DEGREES may be |
in like manner entered by the court out |
OF regular term time, whenever trial by |
jury is not necessary.
Sec. 5. Appeals in equity cases and |
wrlts OF error in common law cases may
be taken at any time within one year
from the date of the rendition OF final de-
crees or judgments, and no affidavit shall
be required as a condition precedent to
the granting of such appeals or writs of
error. Appeals shall be allowed upon
application to the district court in which
the decree appealed from was rendered,
and unless such application and allow
ance are made in open court and at the
same term at which the decree was rem
dered, the clerk shall issue a citation to
the opposite party to appear in the su-
preme court to answer such appeal. There |
s0atv s6n es esse no nesy gesy .hs Of sRS
ster ths dtcree .S0 ironl ninety dsys
final, give bond, with sufficient sureties,
to be approved by the court or Judge to
the adverse party, conditioned that the
appellant shall prosecute his appeal with
due diligence in the supreme court, and
that, if the decree appealed from be af-
firmed, or the appeal dismissed, he will
perform the decree of the district court,
and pay all damages and cost adjudged
against him in the supreme court on
such appeal, which bond shall be filed
with the clerk of the district court and
become part of the record ; or unless the
appellant is executor, administrator,
county or other municipal incorporation |
and the decree is against him as such in |
which case the taking of appeal shall |
operate to stay the execution of the de-
cree. Upon writs of error, supersedas or
stay of execution may be obtained as
provided in section 2l94 of the compiled
laws of 1884, and sections 2lS4, 2l85,
2lS6, 2l97, and 2l93 of said compiled
laws, are hereby repealed, and section
2l94 is amended by striking out the first
sentence thereof which is IS follows:
appeals shall be taken and allowed as
now provided by law"
Sec. 6. Any hearing of any kind,
whether interlocutory or final, unless
trial by jury is necessary, may be had in
any case out of regular term time, upon |
FIVE days. notice in writing to the opposite
party or his attorney or solicitor. Such |
hearing may be had during term of court |
at any time within the discretion of the |
court.
Sec. 7. All service of notices or other
papers, if made by au attorney or solici-
tor, sheriff or marshal, shall be proved by |
his certificate, and if made by any other
person, shall be proved by affidavit.
Motions shall be served in the same man
ner as pleadings.
Sec. 8. The clerks of the district courts
shall keep, for each county, a judgment
docket, civil docket, criminal docket,
and record or journal Of the proceedings
Of the court. In counties where the
amount of business makes it desirable or
to do 80, they may keep two
records or journals, one for criminal and
the other for civil business. No other |
books or records shall be required. The
civil and criminal dockets shall show in
form, the names of the parties
in each case, the names of their attorneys
or solicitors, the nature of the case, the
filing of each paper, the appear ance OF
parties, brief statement of every return,
motion, rule, order, judgment or other
with references to the pages of