The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-15
TO GOVERN PRACTICE
New Rules Adopted by King
County Superior Court.
USELESS MATTER ELIMINATED.
Old Rules Covered Same Ground a d.
General Rules for All Superior
Courts-The Fault Remedied.

from great deal OF useless matter found in
the old set Of rules, which covered much of the
ground now covered by the general rules of
practice for all superior courts of the state
The new rules are ten in number, and contain
complete information concerning the sessions
OF court, the disposition of business, the form
and substance of certain papers, the fling of
papers, etc. Following are the rules in full:
HrLE redistribution OF JUDICIAL BUSINESS
SECTION l. For convenience of business the
court IL divided into three departmeuts-eouity.
civil and criminal. To the equity Department
Is assigned the hearing OF all matters and nro-
ceeiings IN causes OF an equitable nature and ali
other matters AND proceedings not requiring
the Intervention OF jury, except in criminal
and uasi-criminal causes and except motions
upon and demurrers to pieadings, motions for
entry OF default. aud for Judgment thereon.
after appearance of the defendant. motions 70
require security for costs, and motions after
TO the civil department is assigned the hearing
Of all trials In civil causes requiring the
Intervention OF a jury Except those
transferred for trial 70 the criminal de-
aDd waiver of jury for such trials shall NOT
Affect this distribution; and also the hearing of
these motions and demurrers, in civil Jury
causes berelnaboye excepted from the matters
assgned 70 the equity department. To the Grim
insl department. Is assigned the hearing OF all
trials. matters and proceedings of a criminal or
quasi-crifninai nature. including actions for the
recovery OF penalties or forfeitures, and also the
zsl OF ali civil jury causes transferred to it for
trial ps In these rules provided
sec. The judges OF the court win, by order
entered on the journal, designate one OF their
number to preside over each department sub
ject to sueh other designation as they NAV there.
after make But ths judge presiding over
either department. may at any time
department. to either OF the other
judges for hearing and decision. Such assign
ment shall not amount TO transfer of the cause,
mr. ut IhA maj tor
signed, to another department. aud unless
otherwise directed in the assignment any hear
ing in such cause-other than that of the matter
o. proceeding therein so assigned and not call
sng the decision OF the same in question may be
had by the judge presiding regularly over that
department. or may be assigned by him. AS
eignmenn TO another judge may be made by
direction 10 the clerk entered on the journal,
and shall take effect instantly and attorneys
INST take notice thereof.
Sec. The distribution OF business made by
OF arrest, restraining orders or other orders or
wits OF emergency applied for before appear
ance oil the defendant aud without notice to
hin, nor TO the entry OF default before appear
anoe OF the defendant and the granting of judg-
ment thereon; for all whereof application may
be made to either Judge of the court A motion
q vacate a default entered before appearance of
the defendant aud q judgment thereon must be
made before the judge who granted the same.
RuLE u-sKssroNs AND DAILY sITTISGs OF
COURT.
SECTION l. Each department of the court will
hold one session annually, beginning on the
urst monday OF september in each year and
ending on the Saturday next preceding the first
Monday of July in the next following year. No
tria requiring the presence OF jury (save as.
sessmeuts Of damages in proceedings to approx
ate lands for public uses), and no nal hearing
or trial In causes triable without jury, and no
contested IN lotion or demurrer in any case what
ever, at which both sides are entitled TO be
heard, shall be had on or after the first Monday
IN July and before the first Monday in septem-
Der without the written consent of the attorneys
OF both sides, nor unless the court shall be will
Ing TO hear the same.
Sec. 2. The Judge presiding over each depart
ment may prescribe, aud from time 90 time
modify or change the times of opening and the
usual length OF the daily sittings of the court in
bis department
RULE REDISTRIBUTION OF TINE OF srrTIsss.
. SECTION !. So much az may be required of the
nrst hall hour of each days sitting will be de-
voted TO er pGrfe business, until other business
shall bo taken up
Sec. 2 The sitting of each Saturday forenoon
In the equity department, and of each Saturday
afternoon in che civil and criminal departmeute.
Will be devoted to the hearing of ell motions
other interiocutory proceedings except in
criminal aud quasi-criminal causes, not
specially set by the court for hearing at some
other time: and shall be known as motion day.
In tie criminal department, motions will be
heard at such times as the court shall specially
or irom time 10 time appoint
Soc j. Motions for temporary alimony and
sGitmoney, for the granting or dissolution of
iniunctions, and for the discharge OF attach
ments, will be set by the court on CT pdrfe ap-
plieaton. for hearing at designated times; or
may be brought to hearing on q regular mo-
toa day.
Sec 4. In the equity department, the court on
Friday forenoon of each week will hear all mat
ssfs IN probate. except &c parte applications;
aud, on Friday afternoon of each week, Will
hear actions for divorce not contested by the de-
iendant.
HulE rv-DEsIeNATToS OF CAUSES FOR DEPART.
MESTs, AND CORRECTION THEREoF.
SECTION l. The designation OF either depart
msntoi the court upon motion, demurrer or
other formal application fled in q cause--by
specifying the name OF the department in the
VIE OF the paper-or upon the first note for the
uial docket filed in cause as in section OF
rule " provided, shall place such motion, de-
marrer or other application, or such cause for
VITAL as the case may be, In the department
aesiEnsied, and the same shall thereafter remain
sho DO heard therein, subject only TO transfer TO
shosher department or assignment for hearing
before the judge Of another department, In
tbese rules provided.
FEC. A cause thus placed in either depart
mcnt, II not properly classified therein, may at
any tine before il is called on the trial docket
&c transferred To the proper department by or
ost OF the judge presiding over the department
wherein u stands, but not otherwise, upon oral
motion without previous notice at the call of
she cause or proceeding on any docket. or upon
. special motion made by either party, at
49, AiAe uclofo me tflhis OF tue colrts own mo-
Won No previous steps in the cause shall
eeaoP either party from making such a motion:
sad no exception 10 an order OF transfer or re-
iussl thereof will be allowed.
sec. Any cause, or matter or proceeding
s.netein, entered on motion docket or trial
aocAet IN either department after having been
previously placed in another department. as
sDoye specified, ana before transfer therefrom
= above provided. will in all causes he stricken
nom such docket on oral motion without pre-
sious notice at the call OF the docket, or of the
wv. .Ss own motion, with costs against the at
thereon
kclk V-NorIoN DOCKET AND TRIAL DOCKET,
HOW MADE UP.
sfcTIos /. The clerk shall prepare "Motion
poeket for esch motion day of each depart
.Aea', respectively, containing the civil eauses.
suaaged Ia the numerical order OF the clerks
numbers thereof, wherein any motion or de-
Matler, properly to be heard in such depart
Aeot As provided BY these rules, lied on or be-
iers the Tuesday next preceding such motion
..t, = pending and undisp0sea al. except those
s!seafawn from the motion docket as herein
rh,eFtuei, which docket shall contain Simply
sn ~ steFA number of the cause, the brief title
=. :. 'he sslne, and brief designation Of the na-
sse OF the motion or demurrer, and shall be Tor
.e use OF the court. Aud the clerk shall 81 the
ss1s uiae prepare. and shall post on the buAe-
"a board OF his office at or before the hour OF
ePeaing the court on the Thursday morning
49, 49, preceding such motion day, INST OF
81 the causes entered on such motion
,,SeeAet, arranged in said numerical order, giving
s nc humoer and briet title % each cause. aud
s"e 0eslgnAtlon OF the nature Of the motion or
Ssu,tsffer as entered on the motion docket; aud
- sasli not, after posting such list Is herein
tsViaea add any causes 20 such docket or hst
.St sNeh motion day. But the clerk shall iu-
s .ue among tho motions and demuTrers en-
49, Sss9 on The notion docket of the criminal de-
hSsthent any that may be assigned by the judge
- ne civil 90 be heard by the judge ~
.S &c criminal department at any time bsioEe
~ ~ Vatting of such motion docket, whether
,se.a OF sitter the posting of ths lists, Any
-.o.soa OF demurrer on any motion docket, cor
r.peF 70 Dc entered thereon, however, may he
,.hataSiawa taereirOm. without disposition
siestsei hy consent OF both attorneys in writing,
80 800 WITH the clerk before the same shall be