signing his, its or their name, firm or corporate designation, with the amount of their respective claims opposite thereto, all the day and year first above written. APPENDICES Rules and Procedure in State Courts . Rules of Procedure in United States District Courts. Charter of Tobbaco Growers' Co-Operative Association Table of Comparative Sections RULES OF PROCEDURE Page 889 892 . 894 895 .897 905 917 STATE COURTS Chapter 156 of the Public Laws 1919, chapter 96 of the Public Laws, Extra Session 1920, and chapter 96 of the Public Laws 1921, are hereby amended so as hereafter to read as follows: Sec. 1. The summons in all civil actions in the Superior Court shall be made returnable before the clerk at a date named therein not less than ten days nor more than twenty days from the issuance of said writ, and shall be served by delivering a copy thereof to each of the defendants: Provided, that in all cases where service of summons is to be by publication the summons may be made returnable within forty days from the commencement of the action. Sec. 2. The complaint shall be filed on or before the return day of the summons: Provided, for good cause shown, the clerk may extend the time to a day certain. Sec. 3. The answer or demurrer shall be filed within twenty days after the return day, or after service of the complaint upon each of the defendants or within twenty days after the final determination of a motion to remove as a matter of right. If the time is extended for filing complaint, then the defendant shall have twenty days after the final day fixed for such extension in which to file the answer or demurrer, or after service of the complaint upon each of the defendants (in which latter case the clerk shall not extend the time for filing answer beyond twenty days after such service): Provided, in cases where the complaint is not served, for good cause shown, the clerk may extend the time to a day certain. Sec. 4. The reply, if any, shall be filed within ten days after the filing of the answer: Provided, for good cause shown the clerk may extend the time to a day certain. Sec. 5. If a demurrer is filed the plaintiff may be allowed to amend. If plaintiff fail to amend within five days after notice, the parties may agree to a time and place of hearing the same before some judge of the Superior Court, and upon such agreement it shall be the duty of the clerk of the Superior Court forthwith to send the complaint and demurrer to the judge holding the courts of the district, or to the resident judge of the district, who shall hear and pass upon the demurrer: Provided, if there be no agreement between the parties as to the time and place of hearing the same before the judge of the Superior Court, then it shall be the duty of the clerk of the Superior Court to send the complaint and demurrer to the judge holding the next term of the Superior Court in the county where the action is pending, who shall hear and pass upon the demurrer at that term of the court. Sec. 6. Upon the rendering of the decision upon the demurrer if either party desire to appeal, notice shall be given and the appeal perfected as is now provided in case of appeals from decisions in term time. Sec. 7. Within ten days after the return of the judgment upon demurrer, if there is no appeal, or within ten days after the receipt of the certificate from the Supreme Court, if there is an appeal, if the demurrer is sustained the plaintiff may move, upon three days' notice, for leave to amend the complaint. If this is not granted, judgment shall be entered dismissing the action. Sec. 8. If the demurrer is overruled, answer shall be filed within ten days after the receipt of the judgment, if there is no appeal, or within ten days after the receipt of the certificate of the Supreme Court, if there is an appeal. Sec. 9. If no answer is filed, the plaintiff shall be entitled to judgment by default final or default and inquiry as authorized by sections 595, 596, and 597 of the Consolidated Statutes of 1919, and all present or future amendments of the said sections; and all judgments by default final shall be duly recorded by the clerk and be docketed and indexed in the same manner as judgments rendered in term, and in all respects be and become judgments of the Superior Court and be of the same force and effect as if rendered in term and before a judge of the Superior Court; and in all cases of judgment by default and inquiry rendered by the clerk, the clerk shall docket the case in the Superior Court at term time for trial upon the issues raised before a jury, or otherwise, as provided by law, and all judg ments by default and inquiry shall be of the same force and effect as if rendered in term and before a judge of the Superior Court. Sec. 10. No judgment shall be entered by the clerk except as herein otherwise provided, except on a first Monday or a third Monday of the month. The liens of all judgments rendered on the same Mondays shall each be of equal priority, and the first and third Mondays shall be held and construed, in determining the priority of judgment liens, as a term of court, and the first day thereof. Sec. 11. If the plaintiff or plaintiffs shall cause a copy of the complaint to be served upon any of the defendants, either at the time of issuing summons or thereafter, then judgment shall be entered by the clerk as to the defendants served on first or third Monday next after the expiration of time to answer. Sec. 12. The clerks of the Superior Courts are authorized to enter the following judgments: (a) All judgments of voluntary nonsuit. (b) All consent judgments (judgments coming within the meaning of (a) and (b) may be entered at any time). (c) In all actions upon notes, bills, bonds, stated accounts, balances struck, and other evidences of indebtedness within the jurisdiction of the Superior Court. (d) All judgments by default final and default and inquiry as are authorized by sections 595, 596, 597 of the Consolidated Statutes, and in this act provided. (e) In all cases where the clerks of the Superior Court enter judgment by default final upon any debt secured by mortgage, deed of trust, or other conveyance of any kind, or by a pledge of property, the said clerks of the Superior Court are au thorized and empowered to order a foreclosure of such mortgage, deed of trust, or other conveyance, and order a sale of the property so conveyed or pledged upon such terms as appear to be just; and the said clerks of the Superior Court shall have all the power and authority now exercised by the judge of the Superior Court to appoint commissioners to make such sales, to receive the reports thereof, and to confirm the report of sale of or to order a resale, and to that end they are authorized to continue such causes from time to time as may be required to complete the sale, and in the final judgment in said causes they shall order the execution and delivery of all ncessary deeds and make all necessary orders disbursing the funds arising from the sale, and may issue writs of assistance and possession upon ten days' notice to parties in possession. |