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Volume 021-1 - March 1967 (2 pages)
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Page: of 2
Rules of the Comty Court,
OPNDVADA COUNTY.
ATTORINIES.
1. No person shall practice as Attorney and
Counselor in this Court, unless admitted to practice
in the Supreme Court of this State, or some other
State, or upon application to this Court, and upon examination and satisfactory proof that the applicant
posseses the necessary qualifications.
2. No Attorney shall become a surety upon a bond
or undertaking in any action in which he appears as
Attorney.
APPEALS.
1. In all cases of appeal upon questions of law and
fact, where notice and undertaking for appeal have
been filed with the Justice ten days before the commencement of the next succeeding term of this Court,
the pleadings, transcript of docket, and other papers
on appeal, shall be filed with the Clerk on or before
the first day of the term.
2. In all cases of appeal upon questions of law
alone, where the statement for appeal has been settled by the Justice, or adopted aa provided in section 625 of the Practice Act, ten days before the
commencement of the next succeeding term of this
Court, the papers mentioned in Rule 1 of APPEALS,
with the statement as settled or adopted, shall be
filed with the Clerk on or before the first day of
such term.
3. If the papers on Appeal are not filed with the
Clerk of this Court, as prescribed in Bules 1 and 2
of APPEALS, the appeal may be dismissed without
notice, and the dismissal shall. be final, unless during
the same term the case, for good cause shown, is reinstated.
4. The failure to comply with requirements of
Rules 1 and 2 concerning APPEALS, may be proven
by the certificate of the Justice, or the certificate of
the Clerk, as the papers for appeal may be in the
custody of either,
5. When the certificate of the Justice isrequired,
it shall set forth the title of the suit, the nature of
the action and emount of judgment in all cases; when
the appeal is upon questions of law and fact, it sball
give the date of the filing of notice and undertaking .
of appeal, and in cases of appeal upon questions of
law alone, it shall give the date of the settlement or
adoption of the statement, and in both cases that the
fees of the Justica, as provided by section 627 of
the Practice Act, have not been paid or tendered.
6. When the certificate of the Clerk is required,
it shall state that the fees for filing, docketing, &c.,
6
have not been paid or tendered, and that the papers on appeal are in his custody, which shall be produced with the certificate.
7. Upon failure to comply with Rules 1 and 2 on
AppEALS, the adverse party, instead of moving for
a dismissal of the appeal, may file the papers on appeal any time during the term, or succeeding term,
and without notice, the Court will affirm the judgment, if there be no error.
8. When'the papers to be used on appeal in any
case are filed subsequent to the first day of the term,
trial or hearing of such appeal will not be had unless by consent of parties.
9. The papers on appeal to be transmittea ny the
Justice to the Clerk shall, in the order of the date
of filing, be fastened together at the top or side, and
be accompanied with the certificate of the Justice
likewise appended, that such roll was prepared by
him, and containa the papers filed in the case, and
also a true transcript of his docket.
CALENDER.
1. The Glerk shall prépare, before the commencement of each term, to be enlarged as required during
the same, a calendar of cases, setting forth by title
all cases in order of date of filing with the Clerk,
designating each case as an original action, or an
appeal on questions of law, or appeal on questions
of law and fact, as the case may be, and a copy of
the same shall be furnished for the Judgeand a copy
for the bar.
ORDER OF BUSINESS.
1, The calendar will be called on the first day of
each term, when all eases in which a jury trial may
be had will be set for a day certain.
2. No continuance will be granted from term to
term but upon the immediate payment of the costa of
the term, unless spplication is made upon the first
day of the term, after two daya’ notice to the adverse
iy:
3, The first and second days of each term will
8
be occupied in hearing and deciding appeala on questions of law only, issues of law in original cases, demurrers, objections to depositions on file or portions
thereof, and motions.
4. In cases of appeal on questions of law only,
and on issues of law, briefs may be filed by the parties, the appellant or mover serving upon the opposite
party one day before the hearing his points and
authorities.
5. Either party wishing instructions shall present
them in writing before the adverse party concludes
his argument to the jury; and whenever upon a trial
authorities are read, the same shall be read to the
Court, and all arguments thereon, as also on the law
of the case, shall be addressed to the Court.
6. The Clerk of this Court will farnish to each Justice of the Peace of the county a copy of these Rules.
7. All rules heretofore enforced in this Court, so
far as the same conflict herewith, are hereby repealed.
Adopted this 16th day of September, A. D. 1866.
T. H. CASWELL, County Judge.