Report of Section on Reform of Civil and Criminal ProcedureRecorder Printing and Publishing Company, 1910 - 33 Seiten |
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Report of Section on Reform of Civil and Criminal Procedure (Classic Reprint) O. K. Cushing Keine Leseprobe verfügbar - 2017 |
Report of Section on Reform of Civil and Criminal Procedure O. K. Cushing Keine Leseprobe verfügbar - 2015 |
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Seite 26 - The Legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses, in criminal cases other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial.
Seite 25 - A trial by jury may be waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law.
Seite 7 - Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or entered in the docket, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, who may have ten days thereafter in which to answer or demur to the amended pleading; provided, that in justices...
Seite 4 - That there is another action pending between the same parties, for the same cause ; or 4.
Seite 4 - The defendant may demur to the complaint when it shall appear upon the face thereof, either — 1. That the court has no jurisdiction of the person of the defendant, o"r the subject of the action ; or, 2.
Seite 10 - ... unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.
Seite 5 - The defendant in his answer may plead as many several matters, whether of law or fact, as he shall think necessary for his defense, and which may be pertinent to the cause; provided that he shall file them all at the same time, and in due order of pleading.
Seite 26 - In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel.
Seite 11 - ... file with the clerk and serve upon the adverse party a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court or both.
Seite 8 - ... tried without a jury, or such further time as the court in which the action is pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party.