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Show H t In the District Court or the First H Judicial District of the State of M i Utah, in and for the County of M j Cache. I ; Order Mahing and H n Adopting Rules of Court. I H' J It Is hereby otdeied that the follow- H' log rules of coin l to Ih applicable In H 4 each '"-? the First Judicial DIs- H ill ate of I'tah be and the H ! same are hereby made anil adopted, to wit RULE I. i l.'alendais. The cleik of the court shall keep three sepatate ealeudais. to wit: First. A trial calendar consisting of all causes at issue upon iiuestlonsi of Jnct, excepting piobato masters and eases stricken from the calendar. A wise shall be deemed at Issue for the puipose of this rule when the time al- lowed for making an Issue of law on the last pleading as to facts has ex-plred, ex-plred, or sooner If the attorney having the tight, to make such Issue of law shall Hie with the clerk written notice I that no such Issue will be made Second A law and motion calendar cotisNtmtr of demurrem, motions aud contested matters of law. Criminal eases shall be placed on the law and motion calendar until Issue be Joined on questions of fact by plea or not Kullty, when such cases shall be trans-feired trans-feired to the trial calendar. Thhd A probate calendar consisting' consist-ing' of all probate matters set for heai- At the opening of court on the ilrst day of each term the clerk shall furnish fur-nish to the judtftea copy of the trial cjilendai aud a copy of the law and motion calendar including the entries made on said calendars on the. next preceding day The clerk shall prepare pre-pare nt least two lists of cases set for trial, and deliver one to the Judge and pot one in the court room. At the opening of court each day the clerk shall furnish to the Judge a list of the cases, probate matters, law Issues, and all other proceedings set, continued otjnotiecd for hearing on that day. On each calendar or list, furnished to tho Judge there shall be at least four blank lines under each ease, matter or proceeding. RULE 2. Chse Stricken From the Trial Calendar. Kvcrv c.ie and proceeding (except criminal act ions and probate matters) In which Issue has been or shall be joined on questions of fact and which has been or shall be upon the trial calendar cal-endar for two successive terms, arid passed without trial shall ho stricken Trom the calendar by the clerk; bjit any such cast- or proceeding may ne reinstated re-instated upon motion pmsuant to notlco RULE 3. Oemuirers, Motions, and Contested Matters of Law. Cases on the law and motion calendar calen-dar will be called for hearing on the Prst day of each term. Other das will be appointed by the Judge for Uip hearing, upon notice, of demurrers, notions, and contested raattersof law; and the clerk shall give notice of the appointment of such days, by notice posted Inhltutlko RULE 4. Setting Oasei for Trial On the tint day or each tarm the easy on tho trial calendar will be called for sottlng.and each case will be set for trial If any party thereto so request, unless the setting be postponed for good caitse shown, if no party to a case requests re-quests that It bo set for trial, and the sotting be not postponed, the same shall be passed forthotcuu. Between July 1st and August lOtli con tested causes will not bo heard unless It Is made to appear to the court that serious seri-ous Injury may result from delay. RULE "5. Arraignment of Defendants In Cilmlnnl Cases. When an Information shall be tiled against a defendant In a criminal case tlie clerk shall Immediately notify the district attorney, the county attorney, and the defendant or his attorney, that the time appointed for the ar-nralgnmcnt ar-nralgnmcnt of the defendant Is two o'clock p. in. on the lirst day thereafter there-after (designating such day) that the court Intends to be in session In that county The arraignment shall be made at the lime thus appointed unless un-less otherwise ordered by the eouitor Judge, RULE 6. I'lca of Defendant in Criminal Cases Appealed from Justice's Court When an appeal shall be tiled fiom a Justice's court in a criminal case for the alleged violation of state law or for the alleged violation of a city or town ordinance, the clerk shall immediately imme-diately notify the defendant or his attorney, at-torney, and the district attorney and county attorney In cases In which the State of Utah Is plaintiff, and the attorney at-torney of record for any cltyor town In cases where a city or town is plaintiff, plain-tiff, that the time appointed for the defendant to plead to the complaint in said case, is two-o'cloek p nf. on the Hist day thereafter (designating such day) that the couit intends to be in session In that county. The defendant defend-ant shall plead to Up complaint at the lime thus appointed unless othei-wise othei-wise ordeied by the court or Judge. RULE 7. Publishing Impositions A paity to a cause maj give two days' notice to the opposing party of his Intention to applv to the clerk to open and file depositions which have been returned Into court, and if no objections shall be marie in writing within the.time specified, such depositions deposi-tions maybe published by the clerk as of course. Objections which may be made as aforesaid shall be set down I for hearing on like notice RULE 8. Requests for Instructions to the Jury. AH requests for instructions to the tho juiy shall he In writing and the loquests of each party shall be num-i num-i hered consecutlvelj; each request ' must be upon a separate sheet of paper, , at the lop of which there shall be an I unwritten maigiu of about two inches, i Requests for Instructions desired In criminal cases shall be presented to i the Judge at or befoie the close of the evidence In the case: in civil cases the requests shall be presented to the Judge at or before the close of the evl-'dencefor evl-'dencefor the plaintiff upon his orlgl-I orlgl-I nul case; provided that requests concerning con-cerning matters not known to counsel making such requests until after the defendant begins to Introduce evidence, evi-dence, may bo pieseuted as soon as practlcableaftersuch matteis become known to counsel, but before or at the close of the evidence in the case. At tho time of presenting any request a copy of the same shall be furnished to opposing counsel. i RULE 9. i ; Stipulations. All stipulations between counsel shall be In writing signed by the attorneys at-torneys or record for tin- respective parties and tiled with the clerk, or be made orally in open court and taken down by the clerk oi by the court I stenographer. Any stipulation made j otherwise than as In this rule provided provid-ed will not bo consideied by the court for any purpose whatever. RULE 10. Orders, Decrees, and Other l'apcis to be Signed by the Judge, and Orders to bn Signed by the Cleik. Kvcry order, tindlng, decree, and other paper to be signed by tho Judge, and every order to be signed by the clerk, In any action or proceeding, shall be prepared and picscntcd or forwarded for-warded to the Judge or clerk respectively respect-ively by the attorney for the party In whose favor It Is to be made RULE II. Kilos. If the clerk in his discretion shall permit the tllca,ln any case or proceed-Ing proceed-Ing to be taken out of his offleo, the person taking such flics shall return them to tho clerk's olllco within ten days; but upon requestor tho clerk any person having In his possession or under his control any flics belonging lathe clerk's ofllcc, shall Immediately return tham to the clink. |
