court, in some newspaper printed and published at the county seat of his county, provided it can be done without

Upon the meeting of the court, as provided in Rule III, the law calendar will first be called and disposed of. The trial calendar will then be called, and causes at issue upon questions of fact disposed of. When the calendar is called the causes will be set for a time certain. Parties are expected to be ready to try their causes, whether at issue upon questions of law or fact, when the calendar is called, and in the order in which they are set. Parties may, prior to the meeting of the court, fix the day of trial by stipulation in writing, subject to the approval of the court or judge. The daily business of the court will be disposed of in the following order:

First-The minutes of the previous day's business shall be read, approved, and signed by the judge.

Second-Ex parte motions.

Third-Probate business, when there is no contest.
Fourth-Issues arising subsequent to the calling of the

calendar shall be set.

Fifth-Trial of causes, as previously set.
Sixth-Questions of law.

Law Day.

RULE V.

On each Saturday of any session of court held by any district judge, law questions shall take precedence, and be heard without previous setting or notice.

Relating to Motions.

RULE VI.

When any motion or proceeding has been noticed, or set for a time certain, and for any cause is not heard at the time appointed, the hearing of the same shall be continued without further order, and the motion or proceeding shall be placed upon the calendar and disposed of as other issues thereon.

Issues of Law-Decision.

RULE VII.

Any issue of law, and any motion of any nature or kind, may be heard orally by stipulation of the parties, at any time or place agreed on in the state, with the consent of the

judge first having jurisdiction of the cause, or such questions of law, or motions, as the case may be, may be submitted on briefs to such judge, with his consent, and the decision may be filed thereafter at any time, which decision shall fix the time when the decision of the court is to be complied with; and in all such cases the party who is required to act by such decision, shall receive due written notice thereof from the opposite party. Time for complying with such decision shall commence to run from the time when service is made in the manner required by the statutes for service of pleadings in a case; provided, that when the parties are present by their respective attorneys when the decision is rendered, no notice shall be required.

Demurrer-Set Down for Trial.

RULE VIII.

When a demurrer is interposed in any case, if it be made to appear to the satisfaction of the court that such demurrer has not been interposed in good faith, but merely for delay, the defendant shall only answer upon such terms as the court may prescribe, and upon the filing of the answer, the case shall be set down for trial for as early a day as the business of the court will permit. In cases other than those above mentioned, ten days shall be allowed to amend or plead, as the case may be, unless the court by its order fix a different time.

Documents and Pleadings.

RULE IX.

All documents and pleadings, intended for the files of this court, shall be on paper known as "legal cap," of good quality, and without interlineations, unless noted thereon by the elerk at the time of filing. No original pleading or paper shall be amended by making erasures or interlineations thereon, or by attaching slips thereto, except by leave of court. Copies of all papers issued from this court, or to be used therein, which are required by law or rule of court to be served, shall be upon legal cap paper in a legible hand, and in default of so doing, the party failing shall be compelled to renew the paper, or be precluded from using the original, as the court may deem proper.

Motions.

RULE X.

Motions in all cases, except ex parte motions, motions for

continuance, and motions to amend pleadings pending a trial, shall be noticed at least five days before the day specified for a hearing, and a copy of all papers to be used by the moving party, except pleadings or other records of the court, shall be served with the notice of motion. The notice of motion shall be in writing, and shall specify the papers to be used and the names of witnesses to be examined by the moving party, and the grounds upon which the motion is made; provided, that the court may, upon good cause shown, shorten or enlarge the time for hearing. For a failure to comply with this rule the motion shall be denied.

Hearing of Motions.

RULE XI.

Upon reading and filing the notice of motion, with due proof of service of the same, and of the papers mentioned therein, if no one appears to oppose the motion, the moving party shall be entitled to have the motion decided. Upon the hearing, the affidavits to be used by either party shall be endorsed and filed before the affidavits shall be used. The manner of making motions shall be as follows:

First-The moving party shall read the moving papers, or state the contents thereof, or introduce his oral evidence.

Second-The party opposing shall then read or state the contents of his opposing papers, or introduce his oral evidence.

Third-The moving party may then read his rebutting papers, or introduce oral evidence, if admissible under the rules of practice in law or equity. The counsel for the moving party shall make his argument, to be followed by the counsel of the opposing party, and the counsel for the moving party may reply.

RULE XII.

Hearing of Motions of Continuance-Testimony of Absentees-Counter Affidavit.

All motions for the continuance of causes shall be made on affidavit; and, when made on the ground of absence of witnesses, the affidavit shall state:

First-The names of the absent witnesses, and their present residence or abiding place, if known.

Second-What diligence has been used to procure their attendance, or depositions, and the causes of a failure to procure the same.

Third-What the affiant has been informed and believes will be the testimony of each of such absent witnesses, and whether or not the same facts can be proven by other witnesses than parties to the suit, whose attendance or depositions might have been obtained.

Fourth-At what time the applicant first learned that the attendance or depositions of such absent witnesses could not be obtained.

Fifth-That the application is made in good faith, and not for delay merely. And no continuance will be granted unless the affidavit upon which it is applied for conforms to this rule, except where the continuance is applied for in a mining case, upon the special ground provided by statute. A copy of the affidavits upon which a motion for a continuance is made, shall be served upon the opposing party as soon as practicable after the cause for the continuance shall be known to the moving party. Counter affidavits may be used in opposition to the motion. No amendments or additions to affidavits for continuance will be allowed after they have been read, and no argument will be heard on motions for a continuance, except such as relate to the sufficiency of the affidavits read on the hearing.

Attorneys as Witnesses.

RULE XIII.

If the attorney or counsel of either party offers himself as a witness on behalf of his client, and gives evidence on the merits of the cause, he shall not argue the cause, or sum it up to the jury, without the permission of the court.

Sureties.

RULE XIV.

No attorney will be received as surety on any bond or recognizance to be filed or entered into in any action or proceeding in this court.

RULE XV. Depositions-Interrogatories, How Settled.

A party making application for a commission to take the deposition of a witness out of the state, shall serve, with the notice of such application, a copy of the direct interrogatories; and, at least one day before the hearing of the application, the adverse party shall serve upon the moving party a copy of the cross-interrogatories. The direct and crossinterrogatories shall be settled at the time of hearing the

application, unless the court or judge otherwise direct; provided, that parties may agree to the interrogatories without submission to the court or judge, or may stipulate that the depositions may be taken without written interrogatories.

Depositions.

RULE XVI.

When a deposition is received by the clerk, he shall endorse upon the envelope the time of receiving it, and immediately file it with the papers of the case in which it was taken; and at any time afterward, upon the application of any attorney in the case, he shall open the same, and endorse upon the envelope the time of opening, and the name of the attorney upon whose application it was opened, and shall then file the deposition.

Amended Pleadings.

RULE XVII.

In cases where the right to amend any pleading is not of course, the party desiring to amend shall serve, with the notice of application to amend, an engrossed copy of the pleading, with the amendment incorporated therein, or a copy of the proposed amendment, referring to the page and line of the pleading where it is desired that the amendment be inserted, and, if the pleading were verified, shall verify such amended pleading, or such proposed amendment, before the application shall be heard.

To Strike Out.

RULE XVIII.

The party moving to strike out any part of a pleading shall, in the notice of motion, distinctly specify the part asked to be stricken out.

Withdrawal of Papers.

RULE XIX.

No paper or record belonging to the files of the court shall be taken from the office and custody of the clerk, except upon the special order of the judge in writing, specifying the record or paper, and limiting the time the same may be retained; but in no case shall original documentary evidence be taken from the office of the clerk.

RULE XX.

Additional Undertaking-Attachments.

If the undertaking required before issuing a writ of attachment is shown to the satisfaction of the court or judge, upon proper notice, to be insufficient to secure the party whose