« PředchozíPokračovat »
may determine the ultimate rights of the par
ties on each side as between themselves, and TRIAL AND JUDGMENT.
grant to the defendant any affirmative relief Section 1. Where the pleadings in an action
to which he may be entitled. present both issues of law and of fact, the is. Sec. 8. Where legal and equitable matters sues of law must be first tried, unless the or claims for relief, arising out of the same court otherwise directs.
transaction, or transactions connected with Sec. 2. If some, but not all, of the issues the same subject of action, are joined in the in a cause are put to the jury, the remaining same complaint,or where any pleading setting issue or issues shall be tried first, unless the
forth a matter which, before the adoption of court otherwise direct.
the act, would have been cognizable only at Sec. 3. The court may, upon motion, for law, is met by setting up some equitable matspecial cause, order a separate trial between ter, either by itself or in connection with a the plaintiff, or one or more of several plain- legal defense, the costs upon the whole case tiffs, and the defendant, or one or more of
shall be at the discretion of the court; but, several defendants.
where legal and equitable causes of action Sec. 4. An admission of the existence and which are wholly unconnected with each due execution of a document, in the manner other are joined in the same complaint, the provided for in section 1045 of the General costs upon the judgment on the equitable Statutes, shall not be deemed to waive any causes of action only shall be discretionary. just exceptions to its competency or relevancy, but shall, unless otherwise expressed, be
IX. deemed to include an admission of its delive ery, and that it has not since been altered.
RULES OF CONSTRUCTION. Sec. 5. Where a complaint embracing mat Section 1. Nothing in these rules shall be ters calling for both equitable and legal relief construed as giving justices of the peace is tried to the jury, either by agreement of
jurisdiction over any equitable cause of acthe parties or order of court, under section tion or defense. 1031 of the General Statutes, the court may Sec. 2. The word "may,” as used in statrender such judgment, not inconsistent with tutes regulating procedure in civil actions or the verdict, as it may deem proper, either for in these rules, shall in no case be construed legal or equitable relief, or both.
as imperative. Sec. 6. Upon a default the plaintiff can
Sec. 3. The forms heretofore promulgated have no greater relief than that demanded in for use under the practice act may be used, his complaint, but in any other case the court and shall be deemed sufficient, in all cases to may, in its discretion, upon a proper amend which they are applicable, subject to the right ment, grant him any other relief consistent of the party to amend, and of the court to orwith the case made on the trial and embraced der fuller or more particular statements, unwithin the issue,
der section 880 of the General Statutes. Sec. 7. In all cases not pending before a Sec. 4. Statutes regulating procedure in justice of the peace, whether the relief sought civil actions shall be favorably and liberally he legal or equitable in its nature, judgment construed as remedial statutes, and shall not may be given for or against one or more of be affected by the doctrine that statutes in several plaintiffs, and for or against one or derogation of the common law are to be more of several defendants, and the court | strictly construed.
General Rules of Practice of the Supreme Court of Errors and
APPEARANCE OF PARTIES. Section 1. The attorney of the plaintiff, or, if there be no attorney, the plaintiff him. self, shail enter his appearance by causing his name to be entered upon the docket on or before the opening of the court on the day following the return-day of the writ, and, if no such appearance shall be entered, it shall be lawful for tiie clerk, upon the appearance of the defendant, as hereinafter specified, to enter up judgment of nonsuit against the plaintiff. The attorney of the defendant, or, if there be no such attorney, the defendant himself, shall in like manner enter his appearance on or before the opening of the court on the second day after the return-day of the writ; and on failure thereof it shall be lawful for the clerk, if the plaintiff shall have appeared as aforesaid, to enter up judgment against the defendant: provided, that nothing herein contained shall be construed to prevent the court, in the exercise of its discretion, from allowing an appearance of either party, for reasonable cause, at any subsequent period.
Sec. 2. An appearance for the plaintiffs or the defendants, as the case may be, where there are several, shall be deemed to be a general appearance for all of them, unless stated to the clerk to be for one or more only, and so entered on the docket.
Sec. 2. Any party to a case desiring the same placed upon either of said lists shall give written notice of such desire to the clerk, and if the same is claim-d for the short-calendar list such notice shall be given at least forty-eight hours before the opening of the court on short calendar-day. Such written notice shall, if the case is claimed for the short-calendar list, specify the particular motion or kind of order, decree, judgment, or other action of the court to be asked for. When such notice is given to the clerk, the clerk shall note thereon the time when it was received by him. If any case is claimed as privileged the notice must so state, and give the ground of such privilege. The clerk shall at once, and before said case is placed on the list, give written notice by mail or otherwise to each of the attorneys appearing in said cause that such case has been claimed.
Sec. 3. If, in the opinion of the court, no sufficient notice has been given to any party interested that the case has been claimed, the case or matter will be postponed, or stricken from the list, or otherwise disposed of, at the discretion of the court.
Sec. 4. Cases may, by special order of the court, be placed upon either or both lists for the trial or disposition of any matter. Any case improperly placed upon either list will be stricken off by the court.
Sec. 5. Cases claimed for the short-caiendar list shall be placed by the clerk on said list in the order in which they shall be claimed. Privileged cases shall be placed at the head of the trial list in the order of their privilege, the ground of privilege being stated. All other cases claimed for the trial list six days before the opening of a session of the court shall be placed by the clerk on said list in their order on the docket; and cases claimed for said list later than six days before the opening of the session shall be placed thereon in the order in which they are claimed.
Sec. 6. Cases on the trial list in which an issue of fact is joined to the jury will be so indicated by the addition of the word “Jury” by the clerk.
Sec. 7. All motions must be placed on the short-calendar list when practicable, and no motions will be heard which are not on said list and which ought to have been placed thereon: provided, that any motion in a case on trial, or assigned for trial, may be disposed of by the court, at its discretion, or ordeied upon the short-calendar list, on terms or otherwise.
Sec. 8. Cases upon both of said lists shall stand for trial in the order of their respective
SHORT CALENDAR AND TRIAL LISTS. Section 1. The clerks of the superior court in their respective counties shall keep two separate lists of cases claimed: Firsi, a short-calendar list; second, a trial list. Cases in which the pleadings have terminated in an issue or issues of fact, decisive of the merits of the case, or issue of fact to the jury, and herings in damages on defaults and demurrers overruled, shall be placed on the trial lists, and no others. All other cases, including questions as to the terms or form of a decree or judgment to be rendered on the report of a committee or auditors or award of arbitrators; pleas in abatement, where the issue is closed to the court; foreclosures, where the only question is as to the time to be limited for redemption; and uncontested divorce cases; and all issues of law,-may be placed on the short-calendar list. During the sessions of the court for civil business the uncontested divorce cases shall be placed at the foot of said lists, and Leard in their order thereon.
lists, subject to the order of privilege that Sec. 17. During sessions of court for the may exist by statute, rule of court, or prac trial of cases, the short-calendar will, in the tice, and to the special order of the court. absence of special order, be taken up at 10 A.
Sec. 9. A day will be fixed by the judges M. on Fridays, and at the same hour on other prior to the opening of each session of the short-calendar days. In counties where the court, on which day a judge will be present la w provides that the superior court shall be at the court-room to dispose of cases on the held in more than one place in such county, short-calendar list, and make assignments separate trial lists will be kept for each of from the trial list for days. If no judge is said places. There will be but one shortin attendance at the time fixed, the bar shall calendar list in each county. meet at said time, and make such assignments.
III. Sec. 10. The cases standing on the shortcalendar list shall stand assigned for disposi
PRIVILEGED CASES, ASSIGNMENTS, AND CALL
ING THE DOCKET. tion for the day fixed by the judges, and, if said short-calendar list shall not on that day S«ction 1. The following classes of cases, be wholly disposed of, the court will, upon in the order in which they are hereinafter adjourned days, proceed with said list at its arranged, shall be deemed to be privileged in discretion. When the special matters for respect to their assignment for trial in the which a case is placed upon the short-calen
superior court: dar list have been disposed of, the case will 1. All actions privileged by statute, be stricken from said list.
namely: Sec. 11. No assignment for trial shall be 1. Writs of habeas corpus. made of cases on the trial list in which the 2. All civil actions, except upon probate pleadings are not closed on the issue to be bonds brought by or on behalf of the state, tried.
including informations on the relation of a Sec. 12. When the court is in session the private individual. Gen. Stat. sec. 1112. judge will assign cases standing on the trial 3. Appeals from probate, and froin the list for particular days.
doings of commissioners appointed by courts Sec. 13. Matters on the short-calendar list of probate. Gen. Stat. sec. 1113. may, by agreement of the parties, be heard 4. Actions bronight by receivers of inand disposed of by any judge of the superior solvent corporations, by order of the court by court in any county, who shall certify his de which such receivers were appointed. Gen. cision to the clerk.
Stat. sec. 1113. Sec. 14. Days upon which short-calendar 5. Foreclosure petitions by bondholders lists will be taken up, and the beginning of under railroad mortgages. Gen. Stat. sec. sessions for the disposition of matters on the 3573. trial list, will be fixed at the annual and spe. 6. Applications for removal of mortgage cial meeting of the judges, and a judge will trustee of railroad. Gen. Stat. sec. 3577. tben, and at such further times and places as 7. Writs of error in cases of summary may be fixed by adjournment, be in attend process. Gen. Stat. sec. 1113. ance to dispose of cases and matters upon 8. Any objections made to the acceptance said respective lists. Special sessions will of the report of a committee, or auditor, or be held from time to time when necessary award of an arbitrator. Gen. Stat. sec. and practicable, upon application therefor to 1113. the chief justice.
9. Complaints to enjoin nuisances occaSec. 15. One of the judges will, from time sioned by factories. Gen. Stat, sec. 1278. to time, notify the several clerks of the times 10. Proceedings in rem for the seizure of and places of holding court fixed by the judg-intoxicating liquors. Gen. Stat. sec. 3086. es, and of the time and place of beginning of 11. Complaints to alter bounds of drain special sessions, and the several clerks shall companies. Gen. Stat. sec. 2036. print and distribute arnong the members of 12. Appeals from boards of relief. Gen. the bar of their respective counties, and Stat. sec. 3862. among those appearing in the cases, and also 13. Contested divorce cases. Gen. Stat. post and keep posted conspicuously in their
sec. 2805. offices, a full list of the times and places when II. Motions to dissolve temporary injuncand where terms and sessions are to be held. tions.
Sec. 16. Before the beginning of every ses III. Motions for temporary injunctions. sion the clerk shall print and distribute IV. Writs of ne exeat. among the bar of the county, and those ap V. Writs of mandamis. pearing in the cases on said líst, a list of the VI. Complaints for appointment of a l'ecauses on the trial list, and during the session ceiver. of court at intervals of every two weeks, if VII. Disclosures by garnishees. any cases are claimed for the trial list, shall VIII. Writs of error. so print and distribute a list of such addi IX. Hearings to the court in damages, on tional cases as may be claimed during such default or demurrer overruled. interval; and when cases are assigned for Sec. 2. All causes assigned for trial on a days the clerk shall so print and distribute a specified day will be considered as assigned list of the cases so assigned.
for the opening of the court on that day, at
which time the parties must be ready for the same session of the court at which they trial. The court, in its discretion, may pro
become due. No attorney who shall neglect ceed to the trial of either of said causes, but, the payment of his clerk's bill as aforesaid without satisfactory reasons to the contrary, will be permitted to enter his name on the such causes will be called for trial in the or docket, or appear as an attorney or counsel der in which they stand on the list of assign or for any party, at a subsequent term, iintil ments,
such bilis shall be paid. Sec. 3. The state's attorney in each county Sec. 6. In causes in which there shall be shall give to the clerk of the superior court an appearance hy attorney for the defendant in such county, at least six days before any in the superior court, the plaintiff may at session of the superior court therein, written any time require such attorney to state to notice of the day of said court on which he the court whether he has satisfactory reasons will begin the trial of criminal causes; and, to believe, and does in truth believe, that so far as he is able, shall at the same time file there exists a bona fide defense to the plainwith said clerk a list of said causes, arranged tiff's action, and whether such defense will by days, in the order in which he proposes to be made, together with the nature or subtry the same.
stance of it, and whether there will be a Sec. 4. In each county, during the last trial in such cause; and if such attorney term or session prior to the month of July in shall refuse to disclose as required, or shall each year, the judge sball, upon some day of not satisfy the court that such defense will which sufficient notice shall have been given be made or such trial had, the court may orto counsel, call the docket, and discontinue der judgment to be entered for the plaintiff. or otherwise dispose of such untried cases If such attorney, upon such inquiry, shall thereon as have been pending one year, and intentionally mislead the court, or shall cases in which there is default of appearance, make a false statement with a view to prounless cause be shown for the continuance cure the continuance or postponement of of such cases.
said action, the court may suspend bim from Sec. 5. The judge shall cause the clerk to
practice as an attorney in said court for prepare printed lists of all cases so discontin.
such time as it shall deem proper. ued, and to mail a copy of the sime to all counsel interested; and shall fix a day to hear motions to restore any of said cases to the
V. docket, notice of which shall be printed upon FAILURE TO COMPLY WITH ORDER OR RULE. said lists. IV.
If a party fails to comply with an order or
rule, he will be nonsuited or defaulted, and, ATTORNEYS.
upon motion to set aside such nonsuit or deSection 1. No more than one counsel on
fault, the court may grant the motion, upon each side in the superior court shall be heard
compliance with such terms as the court may on any question of evidence, or upon any in
impose. terlocutory motion or plea in abatement.
VI. Sec. 2. The counsel who commences the examination of a witness, either in chief or
BILLS OF EXCEPTIONS. on cross-examination, must alone conduct it; No bill of exeptions will be allowed in and no associate counsel will be permitted to the superior court, except in cases where an interrogate the witness.
adequate remedy is not afforded by an apSec. 3. The counsel in support of a de peal. murrer, a writ of error, an appeal to the su
VII. preme court of errors, or a motion in arrest of judgment, or in support of the aflirmative
BILLS OF PARTICULARS. of an issue of fact, will be entitled to begin
Section 1. Bills of particulars may be the trial, and to open and cluse the argu; amended, by leave of the court, in the same ment. Where several issues are to be tried
manner and upon the same terms as comtogether, as to some of which the plaintiff and as to others the defendant has the atlirma- plaints are amendable by law.
Sec. 2. In all actions upon contract, when tive, the court shall determine, in its discre- damages are to be assessed upon a judgment tion, which party shall open and close.
by default, the plaintiff must file an account, Sec. 4. On the trial of criminal causes, the
copy, statement, or bill of particulars, veri. state's attorney, in his preliminary state
fied by oath, unless the court shall dispense ment, will not be permitted to state facts
with the same. and circumstances enforcing the guilt of the accused, but will confine himself to such
VIII. general facts and explanations as may be necessary to enable the jury to understand
BONDS FOR PROSECUTION. the relevancy and application of the evidence Bonds given for the prosecution, or upon which he expects to introduce.
appeal of an action, or as special bail, may Sec. 5. The attorneys' bills due to the be changed or renewed, and other bonds clerks of the superior court and of the su taken in lieu of them by the superior court, preme court of errors must be paid during for reasonable cause.
to the opposite party at least twelve days be
fore the session of said court that it will not COMMITTEES AND AUDITORS.
be pursued, he shall pay costs in the same When any suit shall be referred to a com manner as if it had been carried forward and mittee or auditor, no trial of the same will withdrawn before trial. be had by the court unless upon the agree. Sec. 2. The mileage or travel of witnesses ment of the parties or by an order of court residing out of the state will be computed said reference be revoked. In case a suit so and taxed from the state line on the usual referred be not heard by said anditor or com course of travel. mittee before the next session of the court, Sec. 3. Mileage fees for only one travel at said auditor or committee will be reappoint- the same terin will be taxed for the same wited without a formal motion by either party; ness in the same cause, except upon terms and the clerk may make the necessary en previously approved by the court. tries therefor without any special order Sec. 4. If a witness be in attendance in from the court.
more causes than one, between the same par
ties, at the same time, and on behalf of the X.
same party, his fees for travel and attendCONTINUANCES.
ance will be taxed in one cause only. Whenever a motion is made for the con
Sec. 5. If witnesses, having been duly tinuance of a cause on account of the ab- summoned, attend as witnesses, but are not sence of a material witness, such motion, if
called to testify, their fees will be taxed in the adverse party require it, shall be sup
the bill of costs, if it appears to the court ported by an affidavit, stating the name of
that they were summoned in good faith, and the absent witness, if known, and the par
with the expectation of using them, and if ticular facts which, it is believed, can be
their testimony would have been admissible. proved by him, with the grounds of such be
Sec. 6. Whenever, in any action, there lief. The court, in its discretion, may re
shall be two or more issues joined on matefuse to continue such cause if the adverse
rial allegations, and a part of such issues party will admit that the absent witness
shall be found for the defendant, and the rewould, if present, testify to the facts stated
mainder for the plaintiff, the defendant shall in the affidavit, and will agree that the same
recover such costs as were incurred by him shall be received as evidence on the trial in
upon the issues found in his favor, including like manner as if the witness were present fees of witnesses and the expense of sumand had testified thereto. Such agreement moning them. If several distinct claims be shall be made in writing, at the foot of the
Inade under one count, and the plaintiff shall affidavit, and signed by the party or his at
recover upon some, and not upon others, he torney.
will not recover costs incurred in atteinpting The same rule shall apply where the mo
to enforce the claims which he shall fail to tion is grounded on the want of any material
establish. document or other evidence that might be
Sec. 7. When costs are awarded to both used on the trial.
parties, as before provided, in the same suit,
the court, upon motion of either party, may XI.
order a set-off of the same, and issue execu
tion only for the balance. COPIES.
Sec. 8. If an executor, administrator, or Section 1. In trials in the superior court trustee upon an estate represented insolvent the court may require a copy of the plead- shall appeal to the superior court from the ings, at the opening of the trial, to be fur- report of commissioners in allowing a claim nished, for the use of the judge, by the to a creditor of such estate, and such claim plaintiff or by the appellant, if the action on appeal is not allowed, the executor, etc., come into said court by appeal. Such copy will recover costs against the creditor. But shall be either written or printed, as the court if such creditor shall prevail on the appeal, may direct; and the necessary expense there and recover as large a sum in the superior of shall be taxed by the court, in favor of 'court as was allowed to him by the commisthe party furnishing the copy, if a judgment sioners, and in all cases where a creditor for costs is eventually rendered in his favor. shall appeal from the doings or report of the
Sec. 2. No copy of a record upon which a commissioners on such an estate in disallowwrit of error shall be pending will be taxed ing his claim against the estate or any part in the bill of costs on such writ, unless such of it, and shall recover or be allowed in the copy shall become necessary by reason of a superior court a greater sum than was aldefense of nul tiel record.
lowed to him by the commissioners, the costs
on appeal will be taxed in his favor against XII.
Sec. 9. If any creditor of such an estate
shall appeal to the superior court from the Section 1. If the party taking an appeal to doings or report of the commissioners in althe supreme court of errors shall veglect to lowing the claim of any other creditor, costs, carry it forward, and shall not give notice at the discretion of the court, may be taxed