Martinsburg statesman. [volume] (Martinsburg, W. Va.) 1869-1906, 1905-01-20
CIRCUITS OF THE STATE TO BE
GOVERNED BY UNIFORM
RULES.

| J0hAi W ~haoohs VI ho~ A'A@
rion Circuit Court of Fairmont. on
| Friday afternoon read to the West
Virginia Bar Association the roles OF
procedure agreed upon by the circuit
judges attending the meeting held
here during the bar meetings. The
rules are as follows:
Rule When the Judge enters the
court room for the purpose of open
ing court, the sheriff shall command
sll nee, and thereupon, all the persons
in the room shall be seated. aud OBJ
serve order AS soon as the Judge shall
indicate to the sheriff that he desires
the court shall be opened the sheriff
shall require all persons in court
room to arise and remain standing,
while the sheriff, in distinct and au-
dible voice, making the following
p-oclaniation:
Oyez, Oyer, Oyez silence is com
manded on pain OF fine and inprison-
ment while the honorable Judge oil
the circuit court oi------county is
sitting, all persons who have motions
to make, pleas to file, or suits to pro-
secute, will come forward and they
shall be heard God save the state aud
this honorable court.
The judge shall remain standing
while the sheriff is making the pro-
clamation.
Rule 1.-THE clerk is responsible
for all papers filed in his Office. Pap
ers in law causes are not to be given
out under any cums.ances, except
tor the purpose of preparing bills of
exceptions, when such papers may be
: withdrawn tor reasonable time, upon
receipt being left by the counsel de-
string them, in book kept for that
| purpose. In pending chancery cause
the papers may be taken from his Gus
tody at the discretion Of the clerk, re-
tanned for reasonable time upos a
receipt being left, as above provided,
but In al, cases the clerk shall be
held responsible to the court for sue h
papers.
Rule III-The clerk will not be re-
CURED to file any papers in a case uu-
less it is endorsed so as to show its
character and the title of the cause.
And all papers Belonging to an action
or suit whether in the hands of the
clerk or of counsel, shall be kept to-
gether and the paper prepared by the
clerk for that purpose.
Rule. IV-C)unsel eugag d in
causes set for given day are, expect
ed to be present at the call of the
docket at tie beginning Of that day S
/ session. The absence of counsel with
oat go)d cause showI, sdall not be
grounds for continuance or post
pouement, unless it BIS in the trial #
a cause begun upon previous day;
and, in any event OF two or more
COUNSEL nave been retained by a par
ty the trial will proceed if one of them
be present
Rule Where declaration or
bill is amended, as OF right or upon
leave, the amendment will be made
by filing a second declaration or bill,
and not by striking from or retiring
the original, except by leave of the
court, and all amendments shall be
made in such manner as show the
new parts.
Rule Vi-The veriication of plead
ings shall not be waived.
Rule VII All private agreement
or consent arrangements between
counsel respecting any proceeding in
a cause must be reduced to writing
and signed by the counsel, or entered
in the order book. All consent DEGREES
Judgments and orders, shall be signed
by counsel before entered.
Rule villa motion to take de-
positions or state an account on day
of regular term on which opposing
counsel is actually arranged in trial
ola cause in this court, would not be
declared reasonable notice. And should
the name Of any witness who has been
examined. not appear in the notice,
will he held, good ground of excep-
ton. unless the party excepting. or
his attorney, appear to have attended
the taking of the deposition of that
witness.
Rule IV-Notice in writing to the
adverse party is required of the inten-