S'** > 
 
 This Court will depend largely for 
 its success upon the dignity , 
 
 £00^ w///, <2#*/ the earnestness of 
 those who participate in its work 
 and seek to share its benefits. 
 
Digitized by the Internet Archive 
 in 2017 with funding from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 https://archive.org/details/rulesofpracticec1902nort 
 
General Plan of Work 
 
 The function of the Practice Court is 
 to give thorough drill and practical in- 
 struction in the trial of cases, so that the 
 graduate may be familiar with the work of 
 a court room when he enters upon his pro- 
 fessional career. 
 
 The proceedings are under the direction 
 of a member of the faculty, who is to be 
 known as the Judge of the Practice Court. 
 Sessions of the court will be held each 
 Thursday evening, and at such other times 
 as the Judge may direct. 
 
 The officers of the court consist of the 
 presiding judge, the clerk, the sheriff, the 
 bailiff and such other officers as it may be 
 necessary to appoint. Their duties shall 
 be such as are required by the laws of the 
 State of Illinois. 
 
 The cases tried will involve the pro- 
 ceedure of Superior, Circuit, County, 
 Probate and Criminal Courts. All cases 
 will be conducted according to the rules 
 that obtain in the various courts of this 
 State. 
 
A statement of facts is prepared by the 
 Judge of the Practice Court and assigned to 
 the respective attorneys, two on each side 
 of the case. Upon this statement of facts 
 the attorneys will prepare all the pleadings 
 and take the necessary steps to bring the 
 case to an issue of law or of fact. This 
 will call for the issuing of the proper pro- 
 cess; the preparation and filing of the 
 necessary pleadings, a demurrer, answer 
 or other plea or motion; the summoning 
 and preparation of witnesses; the impanel- 
 ing of a jury; the examination and cross- 
 examination of witnesses; the argument to 
 the Court and jury, and all other appro- 
 priate steps from the commencement of 
 an action to the final verdict. 
 
 Any member of the third year class may 
 take this course and receive therefor credit 
 to the extent of not more than four term 
 hours. All jurors and witnesses are to be 
 selected from the Senior class, except that 
 on cause shown to the Court they may be 
 taken from other classes. 
 
Rules of the Practice Court 
 
 Rule I — Attorneys 
 
 At the beginning of each term, four 
 (4) attorneys will be assigned by the 
 presiding judge to each case, two (2) 
 attorneys on each side. 
 
 Rule II — Forum 
 
 All cases will be tried under the 
 Common Law and Statutes of Illi- 
 nois. All questions as to the proper 
 court, process, form of action, prac- 
 tice, pleading, evidence, motions for 
 new trial, and for arrest of judgment, 
 and other procedure shall be gov- 
 erned by the laws of this State. 
 
 Rule 111 — Time 
 
 All steps and proceedings in any cause 
 not otherwise provided for, shall be 
 taken within the time fixed by the 
 Statutes of Illinois and the rules as 
 given by the various courts of Cook 
 County, except that no more than 
 fifteen (15) days shall be allowed in 
 any case. 
 
Rule IV — Proceedings 
 
 Upon the assignment of a statement 
 of facts the attorneys shall begin their 
 action within fourteen (14) daysr there- 
 after and each side shall then prose- 
 cute the case with due diligence to 
 an issue of law or of fact. Upon an 
 issue being reached each side shall 
 within three (3) days so notify the 
 clerk of the court in writing. 
 
 Rule V — Process 
 
 The attorneys for the plaintiff shall 
 file the proper praecipe with the clerk, 
 who shall thereupon issue a summons, 
 which shall be duly served by the 
 sheriff and return had thereon within 
 fourteen (14) days. No seal shall 
 be required. Where blanks or forms 
 are not obtainable from the clerk of 
 the court, the attorneys shall draft the 
 proper form. 
 
 Rule VI— Service 
 
 Summons, original process, execu- 
 tions and orders of the court shall be 
 served by the sheriff or deputy* ‘ All 
 other papers and notices may be 
 served by the attorneys in the case. 
 
Rule VII — Jurors 
 
 Juries shall be drawn from the third- 
 year class. Six jurors shall be drawn 
 for each case. Any member of the 
 third-year class who is not otherwise 
 engaged in any manner in the cause 
 then on hearing shall be liable to 
 service. 
 
 Rule VIII— Witnesses 
 
 No more than six witnesses shall be 
 allowed on either side. No more 
 than two witnesses shall be called on 
 any one point in dispute, unless for 
 cause shown the Court. The attorneys 
 shall select and prepare their witnes- 
 ses before trial. Under no circum- 
 stances will an attorney be allowed to 
 coach a witness after he has taken 
 the witness stand; nor shall a witness 
 testify from written notes. The names 
 of the witnesses shall be handed to 
 the clerk before the jury is called. 
 
 Rule IX — Argument 
 
 Time will be assigned by the presid- 
 ing Judge for argument. Each attor- 
 ney will be required to participate 
 therein. When citing cases to the 
 Court the attorneys are expected to 
 state the facts and the rulings in the 
 case cited without reading from the 
 book of reports 
 
Rule X— Motions 
 
 Motions of course and contested mo- 
 tions will be heard at the opening of 
 court, and will take precedence of all 
 other matters. 
 
 Rule XI—Notices 
 
 All notices by posting and publication 
 shall be made on the court bulletin 
 board, and a failure to observe any 
 notice thus posted will not be accepted 
 an excuse. This rule will also apply 
 to all directions addressed to mem- 
 bers of the class. 
 
 Rule XII -Briefs 
 
 a . So soon as an issue of law or of facts 
 is reached, the attorneys for each side 
 shall file a brief containing a citation 
 of the authorities for each step taken 
 up to and including the joinder of 
 issue. Such brief shall refer to the 
 rules of this Court, the rules of the 
 Courts of this county, to the decisions 
 and statutes of this State, and to other 
 authorities pertaining to the proposi- 
 tion involved. 
 
 b. Upon all motions and instructions the 
 same requirement shall apply. 
 
Rule XIII — Form 
 
 All pleadings, briefs, petitions, orders, 
 motions, and instructions shall be 
 properly entitled and numbered to 
 correspond with the statement of 
 facts, and shall be neatly and legibly 
 written (typewritten if possible) with- 
 out interlineation or erasure, and shall 
 be enclosed in a suitable cover, pro- 
 perly endorsed with the number, the 
 venue, the title of the case and the 
 names of the attorneys therein. 
 
 Rule XIV — Instructions 
 
 All instructions shall be written either 
 in ink or by typewriter on legal cap 
 paper without mark, erasure or inter- 
 lineation. But one instruction shall be 
 placed on one sheet of paper. All in- 
 structions shall be handed to the 
 Court before argument to the jury 
 begins, 
 
 R^ule XV — General Observations 
 
 a . Court will be opened by the bailiff in 
 the manner prescribed by law, all at- 
 torneys standing. 
 
 b. The attorneys shall stand when ad- 
 dressing the court or the jury and 
 when examining or cross-examining 
 witnesses. 
 
c. One attorney only shall examine or 
 cross-examine the same witness. 
 
 d. In addressing the Court, all persons 
 are to use the following form: “Your 
 honor,” or “If the Court please,” or 
 “May it please the Court.” 
 
 e. The oath to jurors and witnesses shall 
 be “You do promise,” etc., the name 
 of the Deity being omitted. 
 
 Rule XVI— Clerk 
 
 a . The clerk shall keep a docket of all 
 cases arising in the Practice Court and 
 of the attorneys appearing therein. 
 Such docket shall contain the number 
 of the case, the title, and the action; 
 the date of filing the various processes, 
 pleadings, motions, and orders; the 
 names of the jury, their verdict, and 
 the final disposition of the case. 
 
 b. The clerk shall post all notices on the 
 bulletin board and shall issue such 
 summons and papers as the law and 
 the Court may direct. 
 
 Rule XVII — Sheriff 
 
 The duties of the sheriff, the bailiff 
 and other officers appointed by this 
 Court shall conform to the duties pre- 
 scribed by the statutes of this state. 
 
Concluding Suggestions to 
 Members of the Class 
 
 This is not a moot court. The state- 
 ment of facts is based on conditions sup- 
 posed to be actually existing. Take up 
 your part of the work in the same spirit 
 as if your client had actual matters at 
 stake and your professional success were 
 involved. Throw aside all reserve and 
 entertain no feelings other than those 
 necessary to convince Court and jury that 
 your client is in the right. Prepare your 
 witnesses so they may stand the test of 
 examination and cross-examination. The 
 witness may assume age, residence, occu- 
 pation and other data not inconsistent 
 with the assigned statement of facts. 
 
 Study carefully the statement of facts. 
 Make the proper person or persons parties 
 plaintiff and defendant. Commence your 
 action in the proper channel. Draw your 
 pleadings with a purpose in view. Know 
 the reason for each and every step. Study 
 results before you take final steps. 
 
 Zeal, decorum and respect are the at- 
 tributes of a successful lawyer. The court 
 room is no place for presumption, for in- 
 difference, or for carelessness. Remember, 
 finally, that the only object and study of 
 the presiding judge will be to work to your 
 greatest good and advancement. 
 
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