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COPYRIGHT, 1913

BY

WEST PUBLISHING COMPANY

(87 ATL.)

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(v)

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COURT RULES

SUPERIOR COURT OF DELAWARE

Sections 6 and 7 of rule VIII of Superior | ruled to plead on the next general rule day Court Rules are annulled and in their stead following a period of two full weeks after the following rules are promulgated by the the day upon which such affidavit of demand Superior Court on this fourth day of October, becomes ineffective, if the defendant is in A. D. one thousand nine hundred and thir-court upon service or by appearance, and if teen:

6. RULE DAYS.-The first and third Mondays in each month shall be general rule days.

7. RULES FOR PLEADING. (1) In all cases in which no affidavit of demand is filed, the plaintiff shall be ruled to file his declaration on the first general rule day after the original process is returnable, regardless of service upon or appearance by the defendant, or non pros.

(2) In scire facias cases in which no affidavit of demand is filed, in ejectment cases, and in all cases in which affidavits of demand are not filed but in which declarations are filed on or before the return of the process, the defendant shall be ruled to plead on the first general rule day after the original process is returnable, if service be had, or judgment; and if service be not had, then upon the next general rule day following a period of two full weeks after appearance or return of service upon a succeeding writ, or judgment.

(3) If an affidavit of demand filed in any case, ceases for any legal reason to be the effective means of procuring judgment thereon, the plaintiff shall be ruled to file his declaration in that case on the next general rule day following a period of two full weeks after the day upon which the affidavit of demand becomes ineffective, or non pros; and in scire facias cases in which an affidavit of demand has been filed, the defendant shall be

87 A.

not, then upon the next general rule day following a period of two full weeks after appearance or return of service upon a succeeding writ or judgment.

(4) General appearance for the defendant in any case in which the return shows no service upon the defendant, shall be made by counsel in the presence of the prothonotary or his deputy, and the date upon which such an appearance is entered shall be noted by the prothonotary or his deputy upon the record of the case.

(5) When the declaration contains a count in indebitatus assumpsit, or debt on simple contract, the defendant shall not be required to plead until the plaintiff shall have filed full particulars of his demand under such count. The defendant may plead without a rule, and thereby waive the statement of particulars.

(6) Parties shall be obliged to take notice of all rules expirable on general rule days. Such rules shall, if not complied with, be considered as absolute, and the prothonotary shall sign judgment according to the rule.

(7) When parties are in court and pleadings are once begun they shall continue under general rules to general rule days, without regard to term time or vacation. Both parties shall be entitled to rules for further pleading, until issue be joined, or non pros, or judgment, according to the cases. Either party may add the similiter.

(vii)*

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