Page:1862 Territory of Dakota Session Laws.pdf/542

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CIVIL PROCEDURE-Continused.

provisions respecting trials by jury apply to trials by court, 98.

Time of Trial, 98.

books to be kept by the clerk, 98.

"appearance docket," what shall be entered in, 98.

"trial docket," what shall be entered in, 98.

trials, in what order, 98.

motions may be heard at any time, and by rule, 98.

what shall be deemed appearance term, 99.

in case of default, judgment rendered at first term, 99.

to make oat copy of trial docket for use of bar, 99.

EVIDENCE - Competency of Witnesses, 99.

qualifications of witnesses, 99.

no party to suit can testify, when, 99.

facts which have excladed testimony may lessen credibility, 99.

husband and wife testify for and against each other, when, 100.

attorney, physician, minister, &c., not allowed to disclose confidential communications, 100.

last prohibition not applicablo when waived, 100.

public officer cannot be examined upon what, when, 100.

witness not excused from answering, upon what ground, 100.

not compelled to answer, when, 100.

witness may be questioned as to previous convictions of felony, 100.

when parts of acts, writings, &c., are given in evidence, the remainder may be called out, 100

when instrument partly written and partly printed, and the two inconsistent, 101.

if terms of agreement misunderstood, 101.

books, maps, and charts presumptive evidence, when, 101,

when witness denies or does not recollect his signature, 101.

evidence of handwriting by comparison by experts, 101.

entries and writings deceased persons, 101.

books of accounts receivable in evidence, when, 101.

private writing, acknowledged or proved, properly admissible evidence, 102.

judge of court competent witness, 102.

protest of notary-public, sufficient evidence without proof of signature or seal, 102.

Means of producing Witnesses.

subpoena, how issued and served, 102.

subpoena, how directed, and contains what, 102.

when issued by officer taking depositions, 102.

how served, 102.

witness obliged to attend, where, 103.

witness may demand fees before attending, 103.

contempt of certain kinds, how punished, 103.

when witness fails to attend in obedience to subpoena, 103.

punishment for contempt, 108.

witness also liable to party injured for damages, 104.

attachments or orders must be under seal of court or officer, 104.

order of commitment directed to whom, 104.

testimony of a person in prison, 104.

in whose custody while deposition is taken, 104.

witness not liable to be sued, when, 104.

witness may demand fees daily in advance, 104.

witness to be sworn, how, 104.

Mode of taking the Testimony of Witnesses, 106.

testimony taken in three modes, 106.

affidavit - definition of, 106.

deposition - definition of, 106.