Page:United States Statutes at Large Volume 47 Part 1.djvu/1023

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUA RY 27, 1933 . INSPECTION OF WRITINGS SEC. 509. A P ARTY MAY DEMAND INSPECTION AND COPY OF A BOOK, etc. ay PAPER, AND SO FORTH.-Any court in which an action is pending, or the judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection an d copy, or permis sion to take a cop yy of entries of accou nts in any book, or of any docum ent or paper in his possession or under his control, containing evidence relating to the merits of the action, or the defense therein. If com- pliance with the order be refused, the court may exclude the entries of accounts of the book, or the document, or paper from being given in evidence, or if wanted as evidence by the party applying may presume them, or direct the jury to presume them, to be such as he alleges them to be ; and the court may also punish the party refusing for a conte mpt. This s ection i s not to be cons trued to prevent a party from compelling another to produce books, papers, or docu- ments, when he is examined as a witness. MOTIONS AND ORDERS 999 Ins pection of wri tings. be demanded, Motions and orders. SEC. 510. ORDER AND MOTION DE>~INED.-Every direction of a court Defined. or judge, made or entered in writing, and not included in a judg- ment, is denominated an order. An application for an order is a motion. SEC. 511 . MO TION S AND OR DERS , WH ERE MADE .-MOtiOnS must be Where made. made in the division, in which the action is pending. Orders mad e out of court may be made by the judge of the court in either division. SEC. 512 . NOTICE OF MOTION, wHEN To BE oIvEN .-When a w ritt en Notice, notice of a motion is necessary, it must be given five days before the time app ointed f or the h earing. SEC. 513. ORDER FOR PAYMENT OF MONEY, HOW ENFORCED .-When- Order for payment of ever an order for the payment of a sum of money is made by a court mone y pursuant to the provisions of th is code, it may be enforced by ex ecu- tion in the same manner as if it were a judgment. NOTICES AND FILING AND SERVICE OF PAPERS se Notiices,fig and SEC. 514. NOTICES AND PAPERS, HOW SERVED.-Notices mus t be in Form a nd con tents. writing and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based. If any such paper has Service. not previously been served upon the party to be notified and was not file by him, a copy of such paper must accompany the notice. Notices and other papers may be served upon the party or attorney in the manner prescribed in this subchapter, when not otherwise provided by this code. SEC. 515. NOTICES AND PA PE RS, W HEN AND HOW SERVED.The service Manner of service. may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows 1.'If upon an attorney, it may be made during his absence from on at torney. his office, by leaving the notice or other papers with his clerk therein, or with a person having charge thereof ; or when there is no person in the office, b y leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office ; or, if it is not open so as to admit of such service, then by leaving them at the attorney's residence, with some person of not less than eighteen years of age, if his residence is in the same division with his office ; and if his residence is not known, or is not in the same division with his office, or being in the same division it is not open, or there is not found thereat any person of not less than eighteen years of age, then