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GENERAL RULES OF PRACTICE.

261

XVIII.

Motions in arrest.

Motions in arrest of judgment, whether for extrinsic causes or causes apparent on the record, must be lodged with the clerk within twenty-four hours after the verdict is accepted, exclusive of Sunday, and before the final adjournment of the court.

XIX.

Pleadings.

SECTION 1. All pleas in abatement in the Superior Court must be filed on or before the opening of the Court on the day following the return day of the writ. And all pleas in abatement in the Supreme Court of Errors must be lodged before the second opening of the Court on the first day of the term.

SEC. 2. In any action by a corporation, foreign or domestic, founded upon any contract, express or implied, the defendant shall not, under a general denial, be permitted to dispute, but shall be deemed to admit, the capacity of the plaintiff to make such contract.

XX.

Supreme Court of Errors.

SEC. 1. The clerk of the Supreme Court of Errors, at each term thereof, shall furnish for each judge a printed copy of every case brought to that court, at the expense of the party bringing the same before the court, unless he shall, within one month after the termination of the last preceding term of the Superior Court in that county, give notice to the clerk that such case will not be carried forward. And no copies in the Superior Court or in the Supreme Court of Errors will be taxed in the bill of costs, unless the same be certified by the clerk.

SEC. 2. The judge who shall reserve any case for the consideration of the Supreme Court of Errors, or who shall sign a writ of error, or allow any motion in error to that court, may authorize an abridgment of the case and of the copies; but in every case, one full copy of the files, records, and documents must be fur

262

GENERAL RULES OF PRACTICE.

nished by the clerk, at the expense of the party bringing the case forward, for the use of the judge who may be designated to draw up the opinion of the Court.

SEC. 3. No cause will be heard unless the full record to be used in the trial is printed and delivered to the Court at the opening of the term; nor unless the counsel on both sides furnish each judge of said court, at or before the opening of the case, with a printed brief, stating the points of law to be urged in argument, and the authorities relied on in support of them.

SEC. 4. In all cases to be argued, counsel upon each side of a case shall exchange briefs with the opposing counsel in the case, at least three days before the cause is reached for argument.

SEC. 5. The time occupied in the argument of any cause shall not exceed two hours on each side, without special leave of the court, granted before the argument begins. The time thus limited and allowed may be apportioned among counsel on the same side of a case, as they may choose; provided a fair opening of the case is made by the party having the opening and closing of the argu

ment.

At the annual meeting of the Judges of the Superior Court and the Supreme Court of Errors, held at Hartford on the twentyfourth day of June, 1879, it was

ORDERED, that the foregoing revised Rules of Practice be adopted for the Supreme Court of Errors and the Superior Court, to take effect on the first day of January, 1880.

Certified by

JOHN D. PARK,

Chief Justice.

INDEX.

Abatement, pleas in,

to part, only, of the adverse pleading,
privileged in order of trial in Superior Court,
but one attorney to argue on, in Superior

Court,

1, 2

17

247

248

judgment, on plea for non-joinder of parties, 197, note in Supreme and Superior Courts, when to be

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261

Abridgment, of record for Supreme Court, when allowed,

Accommodation paper, form of answer setting up defense of, 204, 205

Accord and satisfaction: to be specially pleaded,

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16

200, 201

9

14

26-28

193

1, 3

6

245

246

1, 13, 14, 15

form of mesne process,

appearance of parties, how and when entered

in Supreme and Superior Courts,

general appearance, how taken, in same courts,
pleadings in, generally,

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Action, civil: bonds for prosecution, in Superior Court,
old rules of practice retained, except, etc.,
causes of, how joined, -

objection for misjoinder, how taken,

joinder of parties,

complaints, pleadings on,

bill of particulars in Superior Court,
pleadings subsequent to,

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17

4, 5, 11, 12

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trials to the court,

cross-complaint,

assignments for trial in Superior Court,

privileged cases, in Supreme and Superior

Courts,

jury trial,

priority of trial, in case of several issues,

amendments of pleading,

15, 18

246, 248

247

6, 7

7

13

4, 12, 13, 19

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INDEX-Action: Amendments.

Action, civil: motions in arrest in Superior Court,

errors, on but one issue,

bill of exceptions in Superior Court,

265

261

8

250

writs of, and motions in, in Superior and
Supreme Courts,

258

new trials, motions for, in Superior and Su-

preme Courts,

259

actions excepted from some of the provisions of
the Act,

forms of procedure in,

Actions, criminal, in Superior Court, opening statement of

9

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Affidavit, in Superior Court, in support of motion for a

continuance,

Affirmative, of issue of fact, counsel in support of, has
opening turn, in Superior Court,

251

Agent, form of complaints concerning,

answers concerning,

Alien enemy, form of plea of,

Alteration, of document, defense of, when waived,

form of answer of,

Alternative relief, complaint for,

form of complaint,

Amendments, of common counts,
in justice appeals,

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of complaint on penal bond.

in case of variances; costs and terms,

4

13

14, 15

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