The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-07-23

courts Will Be Conducted.
me ACKNOWLEDGMENT takes plea sn-s In
presenting Its readers this morning uv,,h
full and authentic COPY of the genarai
rules OF practice and procedure adoptea
al the recent aaeeting of the superior
suases OF the state held In this city. The
rules are as follows:
Headings, Copies, Etc.
Rule l. All pieadings shall be p,,sp,v
written or printed and PACED Es -, az.
OF action. defense, reply or couuter-eIsim
snail De plainly and separately stated and
eo'nsscuuseiy numbered. and shall be d.
Vided into paragraphs, according to the
subject matter. and each paragraph shall
De numbered consecutireiy. Copies of anv
pleadings shall conform in paragraphin
and numbering to the original. Copies OF
ali motions. demurrerS and pieadtngs ex-
cept complaints, must be served on the
opposite party, or his attorney, unless
such service is expressly waived i'm writ
ing. AT the trial OF any issue of law or
fact, or upon the hearing of any motion
the files shall be for the use OF the court.
except as to affidavits and exhibits.
Amend meEts.
Rule 2. After issue Of fact Joined, no
amendment 20 any pleading. unless dur
Ing trial OF a cause, will be allowed, ex-
cept upon written motion or application
therefor served, together with a copy OF
*,
adverse party Upon the hearing of the
application the court may, in its discre-
ton, impose terms; but party may at
any time before the adverse party has
answered or replied. and before the case
Is set Tor trial, amend his complaint, an
swer or reply. once without leave and
without costs, by serving a copy of such
amended pleading ON the adverse party.
No amendments shall be made to any
pleading by erasing or adding words to
the original on tile. except by leave of
court first had.
Time Of Pleading.
Rule 8. -tal When pleading is amend
ed. the adverse party shall have one day
In which TO plead thereto. unless further
time Is fixed by special rule or order.
tb) When a demurrer or motion has been
cision is adverse shall have one day with
In which to plead. unless the time is ex-
tended by special rule or order.
tcp Unless different time is fixed by
statute or special rule or order of court,
party against whom a pleading is filed
must respond thereto within one day from
the time the same is served upon him or
Default.
Rule 4. ta) A party may respond to any
pleading at any time before a default is
claimed A default shall be deemed claim
cd whenever motion therefor is filed,
accompanied with the affidavit of the par
" or his attorney, claiming such default,
that no appearance has been made in the
action; but Will not be granted against a
party who has appeared In the action by
tbp In divorce cases. where there Is no
appearance for the defendant, application
for default and notice OF trial and all
proceedings and papers which the law re-
quires served on defendants attorneys,
must be served on the prosecuting attor-
ney.
Motions.
Rule 5. (a) When motion is supported
nj s.fh .r IN
~ the papers TO he used by the moving
parties and the grounds of the motion
Copies OF affidavits and exhibits shall be
served With the motion
tbl . party moving to strike out any
portion OF pleading shall in the motion
specify the paragraphs or parts of para
graphs asked 10 be stricken out, and such
motion must be served and filed within
the time liked by rule OF court.
tel The tendency OF demurrers or mo-
TONS 10 strike out any part of pleading
or 10 re iuire pleading to be made more
deiinite and certain, shall enlarge the time
10 answer or reply until the decision upon
such demurrer or motion.
I'D Not more than ten minutes shall be
allowed counsel on each side for arguing
demurrer or motion, unless further time
De granted by special order of the court
tes Al motions directed to any pleading
must be made and presented TO the court
Tor nearing at one and the same time
the grounds therefor being seuaratalv
stated. and shall be attached and proper
ton directed 30 the same pleading shall
be thereafter heard or considered except
by special permission of the court A de-
murrer shall be deemed a waiver Of any
aaohoh directed 10 the same pleading.
Notice.
Rule .. tal TIE judges of the courts in
the several counties may. Respectively. ar
their option, 10y special rule siesirnata a
day of each week during which the court
Is heia N the county as motion day"
Assignment OF Causes.
RuIe Z. ta} When case is set and call
ed tor tfial, II must be tried or dismissed
unless good cause ia shown for a contfnu
ance- Bat the court may in "a prooer case.
ana upon terms. reset the. same.
thl IN counties having bat one Judge
suits II chanCeTy and actions 81 law to he
tried by the court without the intervan.
ton Of n jury viii nor ht set DOWN or calf
ed fer trial while q Jery Is in attendance
sent. aud at q time when 30 jury case is
ready for trial.
G, In setting cases for trial. preference
will BE- given TO criminal over civil cases
and cases where the defendant or a wiz
ness is in confinement viii have pre-
ccdence ever other eases.
tdl Except by consent or special order
of the court no civil action recurring a
jury will be trlcsi "A any jury session un-
less the same Re at issue on the first day
OF such session.
Examinations. Exceptions Etc
knEe y N8ea lWo or more attorneys
are upon the same side trying a case. the
attorney conducting the examination az
a witness shall continue Unit! the Witness
Is excused frcsn the stand, and all ohi.s.~
tious made OK exceptions taken during the
examination o. such witness shall he
made or announced by the attorney who
is conducting the examination OF cross
examination.
Attorneys as NitnesSes
Rule g. II an attorney shall offer him
self witness on behalf OF his client
and give evidence on the merits, he shall
not argue the case TO the jury, unless by
permission Of the court.
Form of Entries.
Rule "a Counsel obtaining an order
Judgment or decree VIII furnish Il form -
the same when so requested ~ the court
order.
Raie II, {al Attorneys desiring 20 sd
dress the court shall arise and De recog-
nsxsd. They shall aol RQpro2ch the bench
for the purpose Of having the court sign
any order. without having first addressed
the court and obtained permission
90 Attorneys must not indulge an gen
eTal conversation among themselves dur
ing a session OF the court Any violation
81 this riae viii subject the attorney u
fire.
stipulation.
Rule - No agreement or consent be-
tween parties or attorneys IN respect 10
the proceedings IN case. the paFksort OF
which u disputed viii be regarded by
the court teNc@pN Upou q melton 10 dis
bar an attorney. unless the SAME shall
have asaea made ara aSssntpsl to in opsfl
court and entered IL tire minutes. or oG-
less the evidence thereof shah be q writ
sng ara subscribed by the attorney or par
~ denying the same
Duties of the Clerk.
Rule - fal Upon The receipt OF a depo-
si;i0n in any case. the clerk shall forth