REVISED RULES. SUPREME JUDICIAL COURT OF MAINE. At the June term, A. D. 1908, of the Su-| be defaulted. If either party shall change preme Judicial Court held at Portland for his attorney, pending the suit, the name of the state, all the Justices of the court being present, Ordered-That the following rules and orders be established and recorded as the rules respecting the modes of trial and the conduct of business in suits at law and in equity. SUITS AT LAW AND IN THE LAW COURT. I. the new attorney shall be substituted on the docket for that of the former attorney and notice thereof given to the adverse party in writing. Until such notice of the change of an attorney, all notices given to or by the attorney first appointed shall be considered in all respects as notice to or from his client, excepting only such cases in which by law the notice is required to be given to the party personally. Nothing in this rule, however, shall be construed to prevent either party from appearing for himself in the manner provided by law, but subject to all the rules ADMISSION OF ATTORNEYS OF THE COURTS OF governing attorneys in like cases so far as OTHER STATES. Members of the bar of other states may be admitted to practice in the manner and upon the conditions prescribed by statute. II. TIME OF THE ENTRY OF ACTIONS. No civil action shall be entered after the first day of the term, unless by consent of the adverse party and by leave of the court; or unless the court shall allow the same upon proof that the entry was prevented by inevitable accident or other sufficient causes; and in all cases the Christian and surname of the parties and of each trustee shall be entered upon the docket. Writs are to be filed before entry of the action and shall not be taken from the files, except by special leave of court. Any action may be made a misentry at any time during the first term, upon proof that the action was settled before the sitting of the court. III. ENTRY OF THE ATTORNEY'S NAME ON THE CLERK'S DOCKET. CHANGE OF ATTORNEY. Upon the entry of every action or appeal, the name of the plaintiff's or appellant's attorney shall be entered at the same time on the docket; and after entry of the action or appeal, and within the time allowed by law, the attorney of the defendant or appellee shall cause his name to be entered on the same docket as such attorney, and if it be not so entered, the defendant or appellee may 70 A. applicable. IV. AMENDMENTS IN MATTERS OF FORM. Amendments in matters of form will be allowed, as of course, on motion; but if the defect or want of form be shown as cause of demurrer, the court will impose terms on the party amending. 4. AMENDMENTS IN MATTERS OF SUBSTANCE. Amendments in matters of substance may be made, in the discretion of the court, on payment of costs or such other terms as the court shall impose; but if applied for after joinder of an issue of fact or law, the court will in its discretion refuse the application or grant it upon special terms; and when either party amends, the other party shall be entitled to amend, if his case requires it. No new count nor amendment of a declaration will be allowed, unless it be consistent with the original declaration and for the same cause of action. PLEAS AND MOTIONS IN ABATEMENT. Pleas and motions in abatement, or to the jurisdiction in actions originally brought in this court, must be filed within two days after the entry of the action, the day of the entry to be reckoned as one, and if alleging matter of fact not apparent on the face of the record, shall be verified by affidavit. (vii) VII. OBTAINING A RULE TO PLEAD. execution of a paper, shall be cross-examined by the adverse party only as to such signature or execution. XI. SPECIFICATIONS BY PLAINTIFF. Either party may obtain a rule on the other to plead, reply, rejoin, etc., within a given time to be prescribed by the court; and if the party so required neglect to file his pleadings at the time, all his prior pleadings shall be struck out, and judgment entered of non-counts, a specification of the matters to be suit or default, as the case may require, unless the court for good cause shown shall enlarge the rule. VIII. In actions of assumpsit on the common proved in support thereof shall be filed, on motion of the defendant, within such time as the court orders. One copy of such specification, and one copy of the account in actions on account annexed, shall be furnished TIME OF FILING AMENDMENTS OR PLEADINGS. for the court, one for the jury and one for the adverse party. XII. TRUSTEE DISCLOSURES. When an action shall be continued with leave to amend the declaration or pleadings, or for the purpose of making a special plea, replication, etc., if no time be expressly assigned for filing such amendment or plead- In cases commenced by trustee process, ings, the same shall be filed in the clerk's when any trustee shall present himself for office by the middle of the vacation after the examination, he or his attorney shall give term when the order is made; and, in such written notice thereof to the attorney for case, the adverse party shall file his plea to the plaintiff, or in his absence cause the saine the amended declaration, or his answer to to be noted on the docket; and, upon motion, the plea, replication, etc., as the case may the court may fix a time for the disclosure be, by the first day of the term to which to be made. Before the disclosure is prethe action is continued. If either party neg-sented to the court for adjudication, there lect to comply with this rule, all his prior pleadings shall be struck out and judgment entered of nonsuit or default, as the case may require, unless the court for good cause shown, shall allow further time for filing such amendment, or other pleadings. IX. SPECIFICATIONS OF DEFENSE. Parties pleading the general issue, may be required to file, in addition thereto, a brief specification of the nature and grounds of their defense; and shall, in all cases, be confined on the trial of the action to the grounds of defense therein set forth; and all matters set forth in the writ and declaration, which are not specifically denied, shall be regarded as admitted for the purposes of the trial. X. DENIAL OF SIGNATURES, AND PARTNERSHIPS. shall be minuted upon the back thereof the names of the counsel for the plaintiff, and for such trustee, with the date of the service of the writ upon him, and the number of the action upon the docket. XIII. COSTS UPON CONTINUANCE. Unless for cause shown, no costs shall be allowed either party for any term at nisi prius when a case is continued by agreement of parties entered on the docket. When a case is under an order of reference to a referee or auditor, costs shall be allowed for the terms at which the rule is issued and the report filed, but not for the intervening terms. Costs shall be allowed for only one term in the law court. XIV. TIME FOR MAKING MOTIONS FOR CONTINUANCE. No party shall be permitted at the trial Motions for continuance of any civil acof any cause to call for proof of the signa- tion shall be made at the opening of the ture or execution of any paper declared on court on the morning of the second day of or filed in set-off, or mentioned in specifica- the term unless the cause shall come in tions filed by either party, or of the existence course to be disposed of in the order of the of a partnership alleged in the writ, declara- docket on the first day. But when the cause tion or specifications of defense, when the or ground of the motion shall first exist or names of the members thereof are set forth, become known to the party after the time unless such party, at least ten days before prescribed by this rule, the motion shall be such trial, shall make and file affidavit that made as soon afterward as it can be made, he has reason to believe, and does believe, according to the course of the court; and that such signature or execution is not gen- whenever an action is continued on such uine, or that said paper has been mutilated motion, after the time above prescribed, the or altered since it was executed, or that such party making the motion shall not be alpartnership does not exist. A witness exam-lowed any costs for his travel and attendance ined in chief only as to the signature to or for that term, unless the continuance is or dered on account of some fault or misconduct it and the motion may be regarded as within the adverse party. XV. AFFIDAVITS TO SUPPORT MOTIONS FOR CONTIN UANCE. No motion for a continuance, based on the want of material testimony, will be sustained, unless supported by an affidavit which whose testimony is wanted, the particular facts he is expected to prove, with the grounds of such expectation, and the endeavors and means which have been used to procure his attendance or deposition, to the end that the court may judge whether due diligence has been used for that purpose. shall state the name of the witness, if known, No counter affidavit shall be admitted to contradict the statement of what the absent witness is expected to prove; but any of the other facts stated in such affidavit may be disproved by the party objecting to the continuance. No action shall be continued on such motion if the adverse party will admit that the absent witness would, if present, testify to the facts stated in the affidavit and will agree that the same shall be received and considered as evidence on the trial, in like manner as if the witness were present and had testified thereto. Such agreement shall be made in writing at the foot of the affidavit, and signed by the party, or his attorney. The same rule shall apply, mutatis mutandis, when the motion is based on the want of any other material evidence that might be used on the trial. MOTIONS FOR NEW TRIALS. Motions for new trials must be in writing and assign the reasons therefor. When a motion is made to have a verdict set aside as against law or the evidence, it must be filed during the term at which the verdict is rendered. The party making it shall cause a report of the whole evidence in the case to be prepared and present the same to the presiding justice for his signature within such time as he shall by special order direct, and, if no such special order is made, it must be done within ten days after the adjournment of the court; if not so done, the justice shall not be required to sign drawn, and the clerk, at a subsequent term, may be directed to enter judgment on the verdict. When a motion for new trial is made for any other cause, it may be filed with the the clerk shall give immediate written notice clerk at any time before final judgment, and thereof by mail or otherwise to the adverse party or his attorney. The evidence in support thereof shall be taken within such time and in such manner as the court at the next ensuing term shall order, or the motion will be regarded as withdrawn. TIME OF FILING MOTIONS, PRESENTING Motions, petitions, reports of referees, applications for commissioners to take deposi tions, surveys, or for views by the jury in cases touching the realty, and all like applications, shall be made and presented at the opening of the court on the morning of the second day of the term; provided, that when the cause or ground of such motion or other application shall first exist or become known to the party after the time in this rule appointed for making the same, it may be made at any subsequent time. But motions or applications, such as from their nature require no notice previous to granting the same, may be made at the opening of the court on the morning of each day. XXI. OBJECTIONS TO REPORTS. Objections to any report offered to the court for acceptance shall be made in writing and filed with the clerk, and shall set forth specifically the grounds of the objections; |