The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-15


for sec ssos The clerk shall prepare trial docke.
t ~ ,ne equity and civil Departments resnee
10y, tne causes wherein notes for ~ at docket
tior apartment are filed, a. prescribed in sec
shn =, IA the course of the session, adding to
1870. Loos thereof each week the causes not
z.rsany entered thereon and that have been
ton .of the trial docket, prescribed in Sec
week, arranged In the Numerical order
g. me clerks numbers thereof; and
ooosa.aaining, in the criminal department, the
HLLnai anu quhsi-crIminsl Causes placed
ssne1eon as prescribed In section l. adding al the
soot tnereof each week the civil causes trans
, ,sirsd tae previous week TO the criminal de-
ton 2 OF rule VII, arranged in their order an
transferred: Such trial docket, in each depart
nasnt, snail eoaform as nearly as mar be TO the
REQUIREMENTS OF section for the motion docket
eaa Lat OF the causes added thereto each
week, similar TO the list of causes on the motion
aoSket required by section /, shall be prepared
auu posted on the bulletin board ct the same
time as the list of causes on the motion f,ocket.
except that this rule shall not operate 10 re.
qu.Ie the entry OF criminal or quasi-criminal
causes on the trial docket before they are
assigned for trial, nor to require the posting of
atlst thereof on the bulletin board
sec. !. la the criminal department the prose-
cunbg attorney shall furnish TO the Judge pre-
siding over that department and to the CLERK.
on each saturday forenoon, a list OF the GRIM
. a, ana quasi-eriminal causes therein that he
WI De ready 10 try during the week beginning
with the second Monday thereafter. and the
luuge viii thereupon assign a sufficient number
OF sucn causes, together with such Others as he
may ADA thereto, and with civil Jury causes
heretofore transferred to his department for
such week
Sec. 5. Attorneys must take notice of the en-
,iy on the motion or trial dockets of all causes
listed on the bulletins and no notice of any
nearing or trial other than that given BY such
entry on the DOCKET and bulletin shall be neces-
sary or proper, except as in this section pre-
scribed- But special notice in writing OF the
nearing OF motions for the granting of injune-
TONS or other motions whereof notice of the hear.
Ing is required by statute, OF all motions after
judgment, and of all motions or proceedings
set In the first instance for hearing other than
On regular motion, day must be given at least
three days before the time of hearing, where
the adverse attorney resides or has an Office in
seattle; and where he is a nonresident of and
mas no once ID Seattle, such notice of the hear
ing OF all motions demurrers or other interlocu-
tory proceedings, and of the calling OF causes on
the trial docket, must be given TO him az least
three days before the motion day If served
otherwise than by mail, aud at least five DAYS If
served by mail But the court, in setting a ape.
cal time Tor hearing, may prescribe a shorter
length OF notice, in which case the notice must
refer TO the special order for hearing.
Sec. 8. Causes coming up on appeal or GER
toran shall be assigned for trial or hearing az
other causes.
RULE yL-DIsrosITroN OF BUSINESS ON MOTION
DOCKET.
The causes on the motion docket for each mo-
ton day will be called, and the moving party il
der moved for, unless the court shall deem il
manifestiy unauthorized; or the adverse party
II no one appears Tor the motion or demurrer,
may take O dismissal of or an order overruling
the same. Motions may be continued by the
court TO a subsequent motion day, or set down
by the court for hearing at other specified
times; or they may be stricken from the motion
docket by the court for non appearance of the
attorneys, in which case they can again be en-
tered thereon only as in case of withdrawal
tnereirom by the attorneys under the provisions
OF section of rulev.
RULE vIr-DIsposIrIoN OF BUSINESS ON TRIAL
DOCKET.
SECTION ]. On each motion day, before the call
OF the motion docket, the causes added In that
week to the trial docket will first be called in
their order All objections to the placing of any
such cause on the trial docket, ON the ground
that the same 10 not at issue, that IL belongs in
another department or for any other cause, and
all motions for continuance for any cause then
existing and known TO the moving party must
be made upon said call, and Except in criminal
and quasi-criminal causes), may be then made
orally and without previous notice. And all
causes not then stricken of shall stand upon
the trial docket OF that session in their numer-
zeal order at the foot of causes called and left
standing on that docket upon previous motion
days, and shall be liable at any time during the
session TO be set by tho court for trial, in
ton provided, aud TO be pcremptorily called to
trial on the date set or any subsequent day Gum
less postponed or stricken off by the court,
without further noRce TO either party.
Sec. 2 After such call of added causes the
court win next assign for trial on specified days
during the second week after such motion day,
aud In its discretion on specified later days, n
SUFFICIENT number of the causes at the head of
the trial docket, taking them in their order
thereon unless passed for good reasons OF the
court In the civil department, the court will
next transfer TO the criminal department. for
trial therein so many as 1t shall deem proper of
the causes at the head OF those remaining on the
trial docket not assigned for trial. taking them
in their order thereon unless passed for good
reasons OF the court; and the causes so trans
ferred shall be entered by the clerk without fur.
fhlra nm EH hAn nr1rf nrt att ~.
trial docket OF the criminal department in their
order as transferred, aud shall be- subject to be
assigned by the judge of that depart
ment on or after the Saturday next following
their entry on his docket, subject to the rules
herein governing the assignment of causes for
trial in the civil department., and subject to re-
transfer 10 the civil department from time to
time may be agreed by the judges OF those
two departments. But in the criminal depart
ment the assignment of causes for trial on
specified days will BIO made on Saturday after
noon.
Sec. 3 motion for continuance OF q cause
for the session, after it has been placed on the
trial docket and called thereon in section
provided, can be made only for cause arising or
first coming to the knowledge of the moving
party since such call, and must be made
promptly after the cause comes to his knowl-
edge, and will not be granted for the session IL
a postpsnement of the trial for a shorter period
will suffice 20 protect the moving party and is
preferred by the adverse party.
Sec. 4. When a cause shall be regularly called
for trial and neither party shall appear. the
court In Its discretion Will drop the same from
the trial docket or dismiss it.
RULE yIIT.-FoRM AND sUBsTANcE OF CERTAIN
PAPERS.
SECTION ]. Motions, except those mentioned
in these rules as oral motions and made tx pdrts
or in the course of trial, shall be in writing
aud subscribed by the attorney, Every paper
filed or served in a cause except note for trial
docket shall be Endorsed by the attorney filing
or serving IL with the brief title OF the court,
cause and paper, the attorneys name and
designation of his client, and the attorneys
office address; and the clerk may refuse to file
any paper not complying with this requirement.
and an attorney on whom paper not so com
plying IS served may return the same within Two
hours, whereupon the service shall become null.
sec . When an order has been applied for
and reiused in whole or in part unless without
prejudieel, or has been granted conditonaliy
and the condition has not been performed, aud
a subsequent application upon an alleged differ
ent state OF facts Is made, II must De shown by
affidavit what application was before made,
when, and to what Judge, what order or decls-
ion was made thereon, and what new facts
e .airned 20 be shown. and for "a failure to COM
ply with this requirement any order made on
such subsequent application may be set aside.
Sec 8 An affidavit or continuance on account
of the absence of a witness must state the facts
that the party expects 10 prove by such wit
SEE 4 An attorney appearing for the defend
ant in an action for divorce or annulmsnt OF
marriage, not personally served within the
state, must file evidence, satisfactory TO the
court, of his authority to appear, before the
cause is called for trial
RULE lx--TINE OF SERVICE OF PAPERS
SECTION l. Any original pleading except TO
an original compiainD must be served aud filed
within I'VE days after the service and ming OF
the PRIOR pleading 20 which IL Is addressed; bat
the mskine of motion upon any pleading. or
of q demand for a copy OF an instrument or the
items of an account therein alleged, shall en-
large the time herein allowed or allowed oy
statute or by any unqualified extension OF the
time 10 plead thereto I'LL i've days after the de-
cision OF the motion unless III such decision
the cour, prescribe different time) or after the
response 20 the demand. When a motion upon