The Providence news. (Providence [R.I.]) 1891-1906, 1905-07-19
new COURT
RULES ARE
EXPLAINED

practice is prescribed In rule 2. the latter
portion OF which is as follows: THE only
proof OF the time OF fling any paper shall
he the file mark OF the clerk No paper
shall be treated as filed unless said paper
is received irs the clerks Office before the
end Of the day upon which said paper is
required 10 be filed" This clause does
away with the practice OF regarding
paper as fled in court at the time II may
have been dropped in a postoffice in some
remote corner OF the state.
Rule affects the method OF making
the title OF probate appeals II Is as
follows: Probate appeals shall be en-
titled by to appellants attorney under
the name OF appellant against appellee
and not against probate courts. The
reasons Of appeal shall contain the names
and residences OF all the appellants and
the names and residences OF the adversary
parties who entered appearances in the
probate court.
Rule is new and relates 10 motions
for continuance IL reads as follows: mo
motion for a continuance Of cause
standing for trial on the ground OF sick
ress OF a party or witness shall be grant
ed unless such motion shall he supported
by the certificate Of a practicing physi-
clan in good standing Said certificate
shall state the fact Of said sickness and
the kind. degree and time Of beginning Of
said sickness. Such motion shall not be
granted unless the party making the
same as soon as he has knowledge OF the
inability Of said party or witness TO at
tend court, shall give notice 10 the ad-
verse party or his attorney Of record
stating in said notice the fact OF said
sickness. that a motion for a continuance
is 10 be made and the name and resi-
dence OF the party or witness who II Is
claimed is sick. Said motion. II made
on the ground OF the sickness Of a party
shall not be granted unless an oppor-
tunity Is given TO the adverse party as
soon as may be 10 have an examination
made OF the moving party by a physician
designated by said adverse party. pro-
vided that there is sufficient time TO
make such examination by the adverse
rarty between the time Of the first knowl-
edge on the part Of the party making
said motion OF said inability TO attend
court and the time fixed for trial.
Every motion for a continuance Of an
action, If granted. shall be granted upon
such terms and conditions as the justice
hearing said motion shall prescribe.
Rule 10 defines the conditions under
which attorneys may be excused from at
tendance upon the court. IL follows: No
attorney shall be excused from attend
ance upon the court except upon motion.
save as in hereinafter provided. No such
motion shall be heard and granted unless
the attorney making such motion shall
give notice Of such hearing 10 the at
torney OF record of the adverse party in
every cause assigned for trial during the
period for which the excuse is requested
in which cause the moving attorney is
an attorney OF record. Said notice shall
be served the same length OF time be-
fore said hearing and in the same manner
provided for in motions before the court
I'm chambers. Said motion, II granted
shall not work a continuance OF any cause
assigned for trial in which the attorney
OF record OF the adverse party has not
been notified as above provided.
I'm case OF sudden illness OF an attor-
| ney or his absence from court from some
other imperative and unforeseen cause,
| the court shall take such action, without
notice as shall appear reasonable in the
| circumstance"
The following rules are applicable to
| jury trials and provide for some radical
changes in the court practice:
| IL. Whenever any party shall have
more than one case assigned for jury
trial upon the same day, such party
shall be required 10 provide counsel and
to proceed with every case so assigned {;
| provided that no party shall be re-
| qured 10 proceed to jury trial in more
| than two cases at the same time; and
that no party actually engaged at ny
! time in pending jury trils OF two cases
| shall be required TO proceed with any
other jury trial while so engaged.
~ No party shall be excuse. from
! proceeding 20 jury trial in any case on
| the ground that one or more OF his at
| torneys Of record in said case are en-
gagged in the trial OF another case in
| which said party is also a party, unless
within five days after closing the plead
| ings in each OF said cases. and before
| the assignment for trial OF each OF said
cases there shall be filed with the papers
| I'm each OF said cases a statement OF the
| name Of the particular attorney who will
conduct the trial OF said case before the
! jury.
"l3 Not more than three cases In
which the same person, copartnership or
| corporation is a party. or In which the
| same attorney or attorney OF record, shall
be assigned for Jury trial upon the came
| day. II said further assignment be OBJ
| jected to by said party or said attorney"
REQUESTS TO CHANGE.
! Rule Il ia new: "All requests of attor-
news for instructions 20 the jury shall be
| made in writing. When the jury. after
receiving instructions and retiring. shall
| request further instructions. the justice
| presiding before giving such instructions.
Z
! absent. TO be notified Of such request ny
/ sending notice thereof 10 such attorneys.
| ~ within convenient reach. provided said
| attorneys shall have left word with the
! Justice where such notice IL TO be sent.
| and provided further that the Justice shall
not bc required To wait more than rs min
utes after sending such notice
The rules In equity proceedings change
! tho practice that has heretofore been fol-
/ lowed only in minor particulars In re-
/ gard to masters I'm chancery the pumber
! OF standing masters Is limited 20 so II
/ shall be considered that any person ap-
| pointed a standing master in chancery
! has declined the appointment unless he
| files evidence OF his acceptance within 80
days thereafter.
DIVORCE PROCEEDINGS.
In divorce proceedings practically the
only change IL the rule which provides
for four return days in each OF the coun-
ties Heretofore there were only three re-
turn days for the counties OF Providence.
Kent and Bristol. and Newport and
Washington counties had but two each.