The Providence news. (Providence [R.I.]) 1891-1906, 1901-01-02
court
RULES
REVISED
Important Charges Made by
the Justices Of The Su-
prena Court.

| justices. 1t Is the first revision since 1886:
All the old rules which are still apple
| able have been retained, others which
have became obsolete or have been re-
scinded by the General Laws have been
omitted from the revised rules. Some Of
the new features are:
In regard TO reasons OF appeal n
criminal cases, the new rules set out the
requisites and provide that in absence Of
any OF the required allegations the clerk
shall decline to receive or docket such
reasons of appeal and the appellate pro-
ceedings shall be dismissed.
Cases will not be heard on holidays.
Good Friday. Commencement Day at
Brown University and the two days be-
fore and the two days after Christmas
day.
Afhdavits In petitions for new trials. in
which affidavits are admissible, must be
filed by moving party at least days be-
fore the day set for hearing. and II count
er afhdavits are admissible said counter
ainaayits shall be nled at least days
before the Gay of trial, unless otnerwlse
allowed by the court.
Certified copies OF Wills. deeds or other
recorded instruments used in evidence
shall be filed in all cases. unless an origi-
nal Is left on ME until the case is finally
decided. A subpoena duces tecum will
only be granted for the production OF
such an original document when II Is
needed for the purpose OF Identification
or proof OF signature.
No minutes relating to a case standing
TO jury, other than file mark, shall
be hereafter made on the papers therein:
and no papers shall be given to jury ex-
cept those which directly relate to tho
issues involved in the trial. Proper min
utes in such cases shall be made by the
clerks upon substantial wrappers.
Examination and cross examinatio OF
any witness shall be conducted by one
counsellor only on each eide The coun-
sellor shall stand while so examining or
cross-examining, unless. for satisfactory
reasons, the presiding judge shall sus-
pend this rule In particular case. Not
more than two counsellors on the same
side will be allowed TO argue any Ques-
tion TO court or jury.
In cases before a jury the arguments
shall be limited to one hour on each side.
In cases commenced In district courts the
time shall be limited to thirty minutes.
Parties requesting stenographic clerks
Of the court to transcribe testimony taxi
en- IN court by them, shall deposit with
the clerk such sum as he stenographic
clerk shall estimate to be the cost OF
transcription, computed at the rate OF
ten cents per hundred words said clerk
shall pay to said stenographic clerk the
cost OF such transcript upon presentation
thereof. and shall cause the date and
amount of such payment 70 be endorsed
thereon. In case the amount deposited
shall exceed such cost the excess shall
be repaid to said depositor or his legal
representative, and IL such deposit shall
be less than said cost, said depostor or
some one in his behalf shall pay to clerk
the balance before said transcript shall
be delivered. otherwise an extension OF
time will not be granted.
Attorneys shall withdraw forthwith af-
ter the final disposition OF cases, with the
approval OF justice OF the division, all
books, papers, documents. pats and
things introduced I'm evidence and not re-
quired by statute, rule or special order to
remain on file upon leaving copies there
of attested by the clerk. If the court shall
so direct; and II the same are not with
drawn within thirty days the clerks shall
not be required to preserve the same: but
no original paper for the absolute or con-
tingent payment of money, such as a
bill. bond, note. or the like. shall be taken
from the files until the clerk has noted
on the face thereof. II the same be the
cause of action. the state or result. as
the case may be. of the action thereon.
When the court shall allow amend
ments to any OF the pleadings an a cause.
they shall be embodied in fair copy of
the whole paper as amended. which shall
then be substituted for the original.
The coust will allow slight amend
ments, which do not affect legibiity, to
be made on the face OF the original paper
In cases decided in the appellate divi-
sion and ordered to be remitted to tho
common pleas division or to other tribu-
nails, the clerk shall retain the papers for
three days after decision. within which
time. and not afterwards, a motion for
re-argument may be filed with the clerk.
All motions for re-argument shall state
in full the grounds on which the motion
is based, and specify the error In the
opinion or decision which the party seeks
to correct. They will be considered by
the court without oral argument and
granted IL, i'm the opinion OF the court,
proper cause is shown.
When a demurrer is overruled by the
appellate division a counsel fee for the
hearing will be allowed 10 the prevailing
party, unless the court shall order other
wise.
No demurrer In equity will be enter
tained unless the grounds OF demurrer
are specified therein.
Writs OF ne exeat will not be granted
except upon affidavit verifying the charg-
es made in the case. with allegations OF
facts showing an intention OF the party
10 depart from the state to avoid per-
formance OF the order OF the court on
hearing.
The affidavit now reqYiyed by rule in
regard 10 petitions for divorce must show
the efforts which the petitioner has made
TO ascertain the place OF residence OF the
respondent
In divorce I'm cases where no personal
service has been made the petition shall
be continued for at least three months.
provided that the respondent may come
in and enter an appearance within that
time: and on reasonable notice 10 the
petitioner. tho case may be set down for
hearing.
All DEGREES for divorce shall specify
the cause or causes OF divorce upon
which the petition is granted.