The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-01-05
'RUL ES O
PROCEDURE
Circuit Court Judges Meet and Agree
At charleston--Judse Mason Pre-
sents Report.

How Courts Are to Be Opened and
How They Are to Proceed-Rufes
laid Down For the Inaugural
zion and Prosecution of
Litigation.
Judge John W. Mason, of Fafrmont.
read to the West Virginia Bar Asso-
citation the rules of procedure agreed
upon by the circuit judges attending
the meeting held during the bar
meetings. The rules are as follows
Rule 1.--When the judge enters the
court room for the purpose of opening
court. the sheriff shall command 81
lence. and thereupon, all persons in
the room shall be seated and observe
order AS soon as the judge shall in.
dicate to the sheriff that he desires
that court shall be opened the sheriff
+ shall require all persons in the court
room TO arise and remain standing
while the sheriff, in distinct and au-
dible voice, make the following proc
Ianlation:
9yez, Oyer. Oyer! silence is com
manded on pain OF fine and impris-
onment while the Honorable Judge of
the circuit court of county
issitting. All persons who have mo,
tons TO make. will come forward and
they shall be heard God save the
State and this honorable court.
The Judge shall remain standing
while the sheriff is making the proc
lamation.
Rule 1.-THE clerk is responsible
for all papers filed in his office. Pa
pers in law causes are not to be given
out under any circumstances, except
Tor the purpose of preparing bills of
exceptions, when such papers may be
withdrawn for reasonable time, up
on receipt being left by the counsel
desiring them, In book kept for that
purpose. In a pending chancery
cause the papers may be taken from
ms custody at the discretion of the
clerk, retained for reasonable time,
upon receipt being left, as above
provided. but in all cases the clerk
shall be held responsible to the court
for such papers.
Rule IH.-The clerk will not be re-
CURED to file any papers in case un-
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 in the paper prepared by
the clerk for that purpose.
Rule W.-Counsel engaged in
causes set for given day are ex-
pected to be present at the calling of
the docket at the beginning of that
iaE5s session. The absence of coun-
sci without good cause shown, shall
not be grounds for a continuance or
postponement. In no case will the
absence of counsel, occasioned by at
tendance upon another court, be held
good cause for continuance or post
ponement, unless it be in the trial of
q cause begun upon previous day;
and- In any event if two or more coun-
sol haye been retained by party the
4 trial win proceed if one of them be
present.
Rllle V.--Where a declaration or
hin IS amended. as of right or upon
leave, the amendment viii be made
BY filing asecond 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 to show the
new parts.
Rule yI.-The verification of plead
ngs shall not be waived.
Rule vII.-All private agreements
or consent arrangements between
counsel respecting any proceedings
in a cause must be reduced to writ
ing and signed by the counsel, or en-
tered in the order book. All consent
DEGREES, judgments and orders. shall
he signed by counsel before entered.
Rule VILLA motion to take depo-
sitions or state an account on a day
of a regular term on which opposing
counsel is actually engaged in trial of
cause in this court, would not be de-
clared reasonable notice. And should
the name of any witness who has been
examined, not appear in the notice,
will be 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 Ix.-Notice in writing to the