The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-11-06
TO EXPEDITE TRIALS.
The Civ Court Adopts New Rules
Which Enable It TO Do More Work.

Announced by the Court-lhe viii
Then Be Assign d for Trial or Dis
,osed Of in 9th r ways-Formerly the
cases Were al z ssignsd at the B
Ginning of the Term ana Thus Many
Of Them Were Delayed in Trial.
The November term Of the city court
,,onyaned yesterday morning. There was
a large attendance of the members Of
,rs bar on account of the fact that the
.ommittee on rules Of procedure in the
court, appointed by Judge MacDonen at
-ra last term was 10 make its report
This committee was appointed last June,
and July reported a rule for the govern
roent of the court in calling cases, which
WIS adopted. This rule was to make the
calling Of cases conform to the act of
the legislature passed Dec. IS 1888, The
rule then adopted is as follows;
In this court the call of cases required
nv the third section Of the act of Dec. Is,
,5a3 entitled an act To regulate the
method Of pleading in civil actions com
renced by petition in the courts of the
state, and for other purposes, shall take
place on the second Monday in each term;
provided, That in any case in which the
defendant make no appearance, either in
person, or by attorney, and the plaintiff
shall be entitled TO take Judgment under
the law irrespective of said act, then he
may take such Judgment on any previous
day Of said term"
This rule is still of force and is not
.nterfered with by the following report of
the committee containing the new rules,
which was adopted yesterday, the vote
among the lawyers present being 20 to 8:
The committee appointed by your honor
20 revise and suggest q rule governing the
ass. gnment of cases in the city court of
savannah beg leave as their report to
recommend the establishment Of the fol-
lowing rule:
The entire docket of cases pending in
this court will be called on the first day
Of each term, for the purpose Of escer-
tanning what cases are in default by fail
ure Of defendant TO appear, personally
or by counsel taking Judgment in or
otherwise disposing of the same; of con-
tinuing cases where both parties consent;
of dismissing cases in which there is no
controversy as to the pTopriety of dis
missal, and of otherwise disposing of
cases in which there shall be no contro-
versy as to the propriety of such dispo-
sition This rule shall not abrogate or
interfere with the existing rule of this
court providing for the call of the appear
ancc docket, as provided in the act of Dec
Is, 1893.
"On the first Saturday in each term,
and every second Saturday thereafter, at
intervals of two weeks, a limited number
Of cases upon the issue docket will be
called in their order for the purpose
Of assignment for trial. The cases thus
called shall be disposed of upon this call
in the following manner:
by asst gnment for trial on some day
within the succeeding two weeks, or by
continuance for the term, or
by placing the same upon a separate
calendar to lie known as the consent cal
endar, from which they may be taken for
assignment at any succeeding call of the
docket, by order of the court, on motion of
either party, or by consent of parties, or
BY placing the same upon a separate
calendar TO be known IS the absence
calendar. Cases shall go to this calendar
only in case Of the absence of counsel by
leave of the court, or from the absence
Of counsel or parties from providential
causes.
when a case has been assigned for
trial no motion for continuance will be
entertained, except for cause which has
interviewed since it's assignment. BY con-
sent of counsel the court may order a
case taken Off the trial calendar, and
otherwise dispose of it at any time.
Motions or agreements to take a case
from the absence. calendar or the consent
Ed-tQQdE ana assign IL LOT lIldl must De III
writing and delivered to the clerk at
least one day before some regular cali
Of the docket for assignment of cases.
At the END Of any two weeks such cases
as shall have been ASSIGNED for trial and
not reached shall not lose their places,
but shall be tired in Their order hrst in
the next succeeding two weeks, and regard
shall be had to this in the assignment
Of new cases for the next succeeding two
u weeks
when a case is called on any Satur-
Gay for the purpose of being assigned for
8 trial, and both parties request the court
8 to set the same for trial on a later day
in the term than any day in the next
succeeding two weeks, the court may. in
q his discretion, grant an order to this
effect
"On the first day Of the term the court
will announce what number of cases will
De called for assignment on the succeed
ing Saturday. and at the close of each
call for the assignment of cases the court
VIII announce what number of cases
VIII be called at the next succeeding call
The report was signed by the COM
mittee, which consists OF Messrs. Pope
Barrow, chairman; 3 A. Denmark, T.
VI. Cunningham, Jr., f. G. duBignon. w.
W. Mackal, for Walter G. Charlton; p.
]. o Conner, Emile Newman and William
+. Leaken
In pursuance of above the court has
issued tho following order;
ut is hereby ordered that bar meet
Ing viii be held on Saturday Nov. TO-
1881! at y o'clock m, to assign cases for
trial for the two weeks beginning Nov.
y, 1894. At that call the cases numbers
l,i35 to 2,763 inclusive, of the November
term, 1884, will be subject 10 be sounded
and assigned A II. MacDonel,
Judge c. 9. S.
IN open court, Nov. s. 1894"
The object Of these rules is to expedite
The trial of cases. How this Is to be ac-
compllshed viii be readily understood
when it is considered that heretofore the
docket Of all cases has been called or
The first day of the term, and the cases for
the entire term were thus assigned Cases
which took up more time than was antic'
lpated. providcntial causes, and other diff
hcultles often prevented the trial Of many
cases which might otherwise have beer
disposed Of in this way during the term
Ihese rules win to a great extent rem
coy that situation of things, and more
cases than formerly can be disposed oil
during the term
40 other business Of Importance was
transacted in the city court. A few jude