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60. No attorney shall take, or suffer to be taken, any transcript or other paper for which he has receipted out of the reach of the court, so that it cannot be produced in court or in the clerk's office when it is needed.

61. The reporter shall have access to the minutes and judgments of the court, and shall have custody of the transcripts, briefs, and opinions so long as may be necessary to discharge his duties as reporter.

62. In all cases in which appeals or writs of error are dismissed, the appellant or party filing the transcript, without further leave of court, shall have the right to withdraw the transcript, unless it contains original papers belonging to an adverse party, in which event leave of court shall be had before such original papers are withdrawn.

REHEARING IN THE COURTS OF CIVIL AP

PEALS.

63. Motions for rehearing shall be made and conducted strictly in accordance with the statute which describes the manner of this proceeding.

64. Where a court of civil appeals adjourns for the term within less than fifteen days after the rendition of judgment, the issuance of the mandate shall, unless otherwise ordered, be withheld until the expiration of said period; and if, within that period, an application for rehearing shall be presented to the clerk of the court at that place, having indorsed thereon the order of any member of the court that it be filed, the issuance of mandate shall be further withheld to await the action of the court on said application.

Rules for the Court of Criminal Appeals.

1. The clerks of the court of criminal appeals shall be governed by the rules applicable to the clerks of the courts of civil appeals, except where a different rule may be prescribed by statute.

2. The rules governing motions, arguments of counsel, and applications for certiorari to complete the record, as prescribed for the courts of civil appeals, shall apply to the court of criminal appeals.

Rules for the District and County Courts.

PLEADINGS.

1. The pleadings in the district and county courts shall, as prescribed by statute, be by petition and answer.

2. Pleadings, with the exception of those presenting issues of law, must be a statement of facts, in contradistinction to a statement of evidence, of legal conclusions, and of arguments. Facts are adequately represented by terms and modes of expression wrought out by long judicial experience, perpetuated in books of forms, in law and equity, which, though not anthoritatively requisite, may generally be adopted as safe guides in pleading. In case of a violation of this rule to such an extent as to produce confusion, uncertainty, and unnecessary length in pleading, the court may require the matter set up to be repleaded, so as to exclude the superfluous parts of it from the record.

THE PETITION.

3. The petition of plaintiff shall consist of ar original petition, and such supplemental petitions as may be necessary in the course of pleading by the parties to the suit to enable the plaintiff tʊ state all the facts presenting his cause of action, and such other facts as may be required

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4. The plaintiff, in the original petition, in addition to the names and residences of the parties, and the relief sought, may state all of his facts, so as to present together different combinations of facts, amounting to a cause or causes of action, as has been the usual practice, or he may state the cause or causes of action in sev eral different counts, each within itself presenting a combination of facts, specifically amounting to a single cause of action, which, when so drawn, shall be numbered, so that an issue may be formed on each one by the answer.

PLAINTIFF'S SUPPLEMENTAL PETITION. 5. The plaintiff's supplemental petitions may contain exceptions, general denials.

and the allegations of new facts not before alleged by him, in reply to those which have been alleged by the defendant.

THE ANSWER.

6. The answer of defendant shall consist of an original answer, and such supplemental answers as may be necessary, in the course of pleading by the parties to the suit, to enable the defendant to state all of the exceptions and facts presenting his defense, as contained in his original answer, or his cross action, if one be set up in the original answer, and such other facts as may be required to rebut the facts that may be stated in the original and supplemental petitions as pleaded by the plaintiff. The original answer and the supplemental answers shall be indorsed, so as to show their respective positions in the process of pleading, as original answer, ""defendant's first supplemental answer, ," "defendant's second supplemental answer," and so on, to be successively numbered, named, and indorsed.

ORIGINAL ANSWER.

7. The original answer may consist of pleas to the jurisdiction, in abatement, of privilege, or any other dilatory pleas; of exceptions, general and special; of general denial, and any other facts in defense by way of avoidance or estoppel, the same being pleaded in the due order of pleading, as required by statute; and it may present a cross action, which to that extent will place defendant in the attitude of a plaintiff. Facts in avoidance and estoppel may be stated together, or in several special pleas, each presenting a distinct defense, and numbered so as to admit of separate issues to be formed on them.

SUPPLEMENTAL ANSWERS.

8. The defendant's supplemental auswers may contain exceptions, general denial, and the allegations of new facts, not before alleged by him, in reply to that which has been alleged by the plaintiff.

9. The original petition, first supplemental petition, second supplemental petition,

and every other, shall each be contained in one instrument of writing, and so with the original answer and each of the supplemental answers.

10. Each supplemental petition or answer, made by either party, shall be a response to the last preceding pleading by the other party, and shall not repeat the facts formerly pleaded further than is necessary as an introduction to that which is stated in the pleading then being drawn up. These instruments, to wit, the original petition and its several supplements, and the original answer and its several supplements, shall respectively constitute sepa rate and distinct parts of the pleadings of each party; and the position and identity, by number and name, with the indorsement of each instrument, shall be preserved throughout the pleadings of either party.

11. Each party who files a supplement of any number (as first, second, third, and so on) shall give notice thereof by asking leave of the court, and filing the

same among the papers of the cause, with the appropriate indorsement there. on, indicating its number and name.

AMENDMENT.

12 An amendment may be made by either party, upon leave of the court for that purpose, or in vacation, as prescribed by statute,-the object of an amendment, as contradistinguished from a supplemental petition or answer, being to add something to, or withdraw something from, that which has been previously pleaded, so as to perfect that which is or may be deficient, or to correct that which has been incorrectly stated by the party making the amendment.

13. The party amending shall point out the instrument, with its date, sought to be amended, as “original petition," or "plaintiff's first supplemental petition," or others filed by the plaintiff, or as "original answer," or "defendant's first supplemental answer," or others filed by the defendant, and amend such instrument by preparing and filing a substitute therefor, entire and complete in itself, to be styled and indorsed, “amended original petition," or "amended first supplemental petition, or "amended original answer," or "amended first supplemental answer," and so on, accordingly as said instruments of pleading are designated in rules 3 and 6.

14. Unless the substituted instrument shall be set aside on exceptions for a departure in pleading, or on some other ground, the instrument for which it is substituted shall no longer be regarded as a part of the pleading in the record of the cause, unless some error of the court in deciding upon the necessity of the amendment, or otherwise in superseding it, be complained of, and exception be taken to the action of the court, or unless it be necessary to look to the superseded pleading upon a question of limitation.

15. When either party may have occasion to plead new facts, additional to those formerly pleaded by him, which constitute an additional cause of action or

defense permissible in the suit, he shall present it as an amendment to the original petition or original answer, (unless it is in its nature a response to some pleading of the opposite party,) by substitution, with the proper number, name, and indorsement, in the same manner as other amendments.

16. When either supplement or amendment made to pleading is of such character, and is presented at such time, as to take the opposite party by surprise, (to be judged of by thecourt,) it shall be cause for imposing the cost of the term upon, and charging the continuance of the cause (both or either) to, the party causing the surprise, if the other party demand it, and shall make a satisfactory showing, or if it otherwise be apparent that he is not ready for trial on account of said supplement or amendment being allowed to be filed by the court.

EXCEPTIONS TO PLEADING.

17. General exceptions shall point out the particular instrument in the plead

ings, to wit, the original petition or answer, or the respective supplements to either; and in passing upon such general exception every reasonable intendment arising upon the pleading excepted to shall be indulged in favor of its sufficiency.

18. A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly the obscurity, inconsistency, duplicity, generality, or other insufficiency in the allegations in the pleading objected to. The general expression that it is vague, uncertain, and the like, alone, shall be regarded us no more than a general exception.

EXHIBITS IN PLEADING.

19. Notes, accounts, bonds, mortgages, records, and all other written instruments, constituting, in whole or in part, the cause of action sued on, or the matter set up in defense, may be made a part of the pleadings, by copies thereof, or the originals, being attached and referred to as such, in aid and explanation of the allegations in the petition or answer made in reference to said instruments, but will not thereby relieve the pleader from making the proper allegations of which said exhibits may be the evidence, in whole or in part. No other instrument of writing, such as a deed, will, document, record of court, or agreement, which is not sued on as a cause of action by plaintiff, or set up as matter relied on in defense by defendant, but is designed to be used only as evidence of some fact that is alleged, shall be made an exhibit in the pleading; and when it shall be so attempted, by attaching such instrument and referring to it as such, the court will, of its own motion, or at the instance of a party, cause the instrument to be detached from the pleading, and adjudge it to constitute no part thereof, by an order of court entered of record, at the cost of the party violating this rule, so as to prevent the pleadings from being incumbered with that which is or may be only evidence in the case.

20. The office of a general denial by defendant is to throw the burden of proof, as to the allegation denied, on the plaintiff. The defendant cannot be permitted under this plea to introduce special matters in avoidance or estoppel, in evidence for his defense; and the same rule prevails when it is filed by plaintiff to facts in the cross action or answer of defendant.

MOTIONS.

21. The clerk shall keep a motion docket in which all motions, when filed, shall be placed, with the names of the parties and counsel, with the date of filing, and its number, and the number of the case, which filing shall be considered notice of said motion before the continuance or final disposi. tion of the case for the term, except where it is otherwise provided for by statute.

22. The court will set apart a particular day each week of the term when the motions previously made, in which proper notice has been given, shall be deterinined, if urged, unless for good cause they are postponed to a day during the term, or continned by consent to the next term.

23. When notice shall be given of objections to the form or manner of taking and returning depositions, either party may require it to be put on the motion docket, and tried as other motions: provided, if not tried sooner, it shall be decided before either party shall be required to announce readiness for trial on the facts.

DILATORY PLEAS, MOTIONS, AND EXCEPTIONS, WHICH DO NOT GO TO THE MERITS OF THE CAUSE.

24. All dilatory pleas, and all motions and exceptions relating to a suit pending, which do not go to the merits of the case, shall be tried at the first term to which the attention of the court shall be called to the same, unless passed by agreement of parties with the consent of the court; and all such pleas and motions shall be first called and disposed of before the main issue on the merits is tried.

MOTIONS AND EXCEPTIONS TO MERITS.

25. All motions which go to the merits of the case, and all exceptions, general and special, which relate to the substance or to the form of the pleadings, shall be decided at the first term of the court, when the case is called in the regular order for trial on the docket, if reached, whether there be an announcement on the facts or not, unless passed by agreement of parties with the consent of the court.

CALL FOR TRIAL.

26. When the case is called for trial, the exceptions, if any remain undisposed of, shall be presented for determination, and shall then be decided before proceeding to the trial of the case on the facts, and if not presented they shall be adjudged by the court to have been waived, and shall be so entered on the minutes of the court, the cost of filing to be taxed against the party filing them; and they shall constitute no part of the final record, unless some question be raised upon the action of the court in reference to them, and they are presented in a bill of exceptions.

27. When the exceptions have been presented and decided, leave may be granted to either or both parties to file an amendment in one instrument of writing separate from those which had been previously filed by cach, which shall close the pleadings in the case to be then determined by the court, so as to decide all the questions of sufficiency arising upon them. In making this amendment, the party shall refer distinctly to such instrument as he desires to amend by name and number, as in the other amendments, without repleading the whole of it, but shall succinctly state such additional facts to be added thereto as he may desire, and this amendment shall be styled and indorsed, "plaintiff's" or "defendant's trial amendment;" but if the case should not be then tried, the party or parties shall replead, as in other cases of amendment.

28. When the questions of law, if any, have been determined by the court, the judge may, before proceeding to trial, by the aid of the counsel, have the pleadings that have been held sufficient, or have not

been excepted to, read over, if deemed necessary, and may make a brief memorandum of the facts stated or issues presented in the pleadings, and may read them out before the trial commences, so as to inform the parties of the view which is entertained by the judge of the matters of fact in issue as presented by their pleadings.

29. The court, when deemed necessary in any case, may order a repleader on the part of one or both of the parties, in order to make their pleadings substantially conform to the rules.

30. These rules of pleading shall apply equally, so far as it may be practicable to apply them, to interveners and to par ties, when more than one, who may plead separately.

TRIAL OF THE CASE.

31. The plaintiff shall have the right to open and conclude, both in adducing his evidence and in the argument, unless the burden of proof on the whole case under the pleadings rests upon the defendant, or unless the defendant, or all of the defendants, if there should be more than one, shall, after the issues of fact are settled, and before the trial commences, admit that the plaintiff has a good cause of action as set forth in the petition, except so far as it may be defeated, in whole or in part, by the facts of the answer constitut. ing a good defense, which may be established on the trial; which admission shall be entered of record, when the defendant, or the defendants, if more than one, shall have the right to open and conclude in adducing the evidence, and in the argu

ment of the cause.

32. The court shall not be required to allow a case to go to trial on the facts, when the pleadings are obviously so defective that a material issue has not been formed; and in such case the court shall call the attention of the parties to such immaterial or defective issue, so that the time of the court may not be wasted.

33. A party who abandons any part of his cause of action or defense, as contained in the pleadings, may have that fact entered of record, so as to show that the matters therein were not tried, and he shall be taxed with the cost incurred upon such pleading so abandoned. He shall also be taxed with the cost incurred upon pleading, in support of which no evidence was offered, to be determined by the court on motion at the term of the trial, and not afterwards.

.COUNSEL AND ARGUMENTS.

34. Counsel for plaintiff, or for defendant, when he holds the affirmative of the issue, shall have the right to open and conclude; but if be waives the right of opening the argument he shall not have the right to conclude. This rule will apply to motions, exceptions to evidence, and all other matters presented to the court, except in rules to show cause, in which the party called on shall begin and end his cause.

35. An application for first continuance shall not be argued.

36. In all arguments, and especially in

arguments on the trial of the case, the counsel opening shall present his whole case as he relies on it, both of law and facts, and shall be heard in the concluding argument only in reply to the counsel on the other side.

37. Counsel for an intervener shall occupy the position in the argument assigned by the court according to the nature of the claim.

38. Arguments on questions of law shall be addressed to the court, and counsel should state the substance of the authorities referred to without reading more from books than may be necessary to verify the statement. On a question on motions, exceptions to the evidence, and other incidental matters, the counsel will be allowed only such argument as may be necessary to present clearly the question raised, and refer to authorities on it, unless further discussion is invited by the court.

39. Arguments on the facts should be addressed to the jury, when one is impaneled in a case that is being tried, under the supervision of the court. Counsel strictly to the evidence, and to the argushall be required to confine the argument ments of opposing counsel. Mere personal criticism by counsel upon each other shall be avoided, and when indulged in shall be promptly corrected as a contempt of court.

40. Side-bar remarks, and remarks by counsel of one side, not addressed to the court, while the counsel on the other side is examining a witness, or arguing any jury, will be rigidly repressed by the question to the court, or addressing the

court.

41. The court will not be required to wait for objections to be made when the rules as to arguments are violated, but, should they not be noticed and corrected by the court, opposing counsel may ask leave of the court to rise and present his point of objection; but the court shall protect counsel from any unnecessary interrup. tion made on frivolous and unimportant grounds.

42. It shall be the duty of every counsel to address the court from his place at the bar, and in addressing the court to rise to his feet; and while engaged in the trial of a case he shall remain at his place in the bar.

43. But one counsel on each side shall examine and cross-examine the same witness, except on leave granted.

44. No more than two counsel on each side shall be heard on any question or on the trial, except in important cases, and upon special leave of the court.

45. The attorney first employed shall be considered the leading counsel in the case, and, if present, shall have control in the management of the cause, unless a change is made by the party himself, to be entered of record.

46. An attorney of record is one who has appeared in the case, as evidenced by his name subscribed to the pleadings, or to some agreement of the parties filed in the case; and he shall be considered to have continued as such attorney to the end of the suit in the trial court, unless there is

something appearing to the contrary in the record.

47. No agreement between attorneys or parties touching any suit pending will be enforced, unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record.

48. Counsel of the party for whom a judgment is to be rendered shall prepare the form of the judgment to be entered, and submit it to the court.

49. Absence of counsel will be no good cause for continuance or postponement of the cause when called for trial, except to be allowed in the discretion of the court, upon cause shown or upon matters with in the knowledge or information of the judge, to be stated on the record.

50. No attorney or other officer of the court shall be surety in any cause pending in the court, except under special leave of -court.

51. Any attorney who shall bring a fictitious suit as an experiment to get an opinion of the court, or who shall file any fictitious pleading in a cause for such a purpose, or shall make statements in pleading presenting a state of case which he knows to be groundless and false, for the purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt; and the court, of its own motion, or at the instance of any party, will direct an inquiry to ascertain the fact.

52. After the court has pronounced its opinion upon a question made, no further argument will be heard; but if counsel think the court has fallen into error as to law or fact they may submit a statement in writing, which the court will receive and consider.

BILLS OF EXCEPTION.

53. There shall be no bills of exceptions taken to the judgments of the court rendered upon those matters which, at common law, constitute the record proper in the case, as the citation, petition, answer, and their supplements and amendments, and motions for new trial, or in arrest of judgment, and final judgment.

sented to the judge within the time al lowed for presenting bills of exceptions, and be filed in term time.

57. Exceptions to the admission of evi. dence on the trial, where no reason is assigned for objecting to it, shall not be sus tained where the evidence is obviously competent and admissible as tending to prove any of the facts put in issue in the pleadings; and in all cases the court, when deemed necessary, may call upon the party offering the evidence to explain the object of its admission, and also upon the party excepting the reason of his objections; which, when done in either or both cases, may form a part of the bill of exceptions.

58. Exceptions to the admission of evidence, where the ground of objection is assigned, shall be considered in reference to the objection made to it, and the objection shall be stated in the bill of exceptions taken to its admission or exclusion.

59. Bills of exception must state enough of, the evidence or facts proved in the case to make intelligible the ruling of the court excepted to in reference to the issue made by the pleadings.

60. When exceptions are made to the admission or exclusion of the evidence on the trial before the court or before the jury, the exceptions will be then decided, after such argument as the court may allow, and a memorandum of the point ruled on will then be made by the judge, if the bills of exception are not then prepared and signed, which ordinarily should be done.

CHARGE OF THE COURT.

61. When the pleading of either or both parties contains several combinations of facts, either together or in several counts or pleas, each of which constitutes a cause of action or ground of defense, and is sufficiently supported by the evidence to require a charge, and upon which an issue has been formed, the charge should be so framed as to present to the jury and require a finding by them upon the issue made, upon each of said combinations of facts so contained in the pleadings which may be necessary to a decision of the case.

62. When a full charge upon the issues has been made, so far as the evidence adduced tending to establish them may require, the court should not encourage the asking of additional charges covering the same

54. The charges of the court that are given, and those asked that are refused, when signed by the judge and filed by the clerk, being made thereby a part of the record by statute, should not, in civil causes, be made a part of the bill of excep-ground substantially; and charges asked

tions.

55. The rulings of the court upon applications for continuance, and for change of venue, and other incidental motions, and upon the admission or rejection of evidence, and upon other proceedings in the case not embraced in the two preceding rules, when sought to be complained of as erroneous, must be presented in a bill of exceptions, signed by the judge and filed by the clerk, or otherwise made according to the statute, and they will thereby become a part of the record of the cause, and not otherwise.

56. Exceptions to evidence, admitted over objections made to it on the trial, may be embraced in the statement of facts, in connection with the evidence objected to, provided the statement of facts be pre

and not given should not be read in the hearing of the jury, or taken by the jury in their retirement.

JUDGMENT.

63. The entry of the judgment should carefully recite the finding of the jury, or the several findings, if more than one, upon which the judgment of the court is based.

64. The entry of the judgment shall contain the full names of the parties, as stated in the pleadings, for and against whom the judgment is rendered.

65. Judgments rendered upon questions raised upon citations, pleadings, and all other proceedings, constituting the record proper as known at common law, must

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