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1. The abolishing of distinctions between law and equity proceedings, as far as practicable;
The abolishing of all fictions and unnecessary process and proceedings;
3. The simplifying and abbreviating of the pleadings and proceedings;
4. The expediting of the decisions of causes;
5. The regulation of costs;
6. The remedying of such abuses and imperfections as may be found to exist in the practice;
The abolishing of all unnecessary forms and techni calities in pleading and practice;
8. To effectually prevent the defeat or abatement of any civil suit, ex contractu, for either any nonjoinder or misjoinder of parties, where the same can be done consistently with justice;
9. To provide for all necessary amendments of process, pleadings or other proceedings in such case; and
10. To provide the manner by which a discontinuance may be entered against parties improperly joined in any suit, and by which parties improperly omitted may be joined in the suit and brought in to answer thereto, if within the jurisdiction of the court.
SEC. 15. All writs and process issuing out of said court shall be styled "In the Name of the People of the State of Michigan," and shall run into and be executed in any county of the State; and the seal of said court affixed thereto, or impressed upon any writ or process, in any suit or proceeding therein, shall be conclusive evidence that such writ or process was issued by said court, in all cases where such writ or process may be lawfully issued.
SEC. 16. The supreme court shall have authority to prescribe from time to time, the forms of all process to be is sued out of the circuit courts at law and in chancery, and until other forms are prescribed, those now in use may be continued, so far as they may be applicable.
SEC. 17. The supreme court shall have power, in all such cases as shall be deemed proper, to compel any party to a suit pending therein, to produce and discover books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defense therein.
SEC. 18. The court shall, by general rules, prescribe the cases in which such discovery may be compelled, where the same are not herein provided, and the costs of such proceedings shall always be awarded in the discretion of the court.
SEC. 19. To entitle a party to any such discovery, he shall present a petition to the court, or to any justice in vacation, verified by oath, upon which an order may be granted by the court or such justice, for the discovery sought, or that the party against whom the same is sought show cause why the prayer of such petition should not be granted.
SEC. 20. Every such order may be vacated by the justice when order granting the same or by the court:
1. Upon satisfactory evidence that the same ought not to have been granted;
2. Upon the discovery sought being made;
3. Upon the party required to make the discovery denying, on oath, the possession or control of the books, papers
or documents ordered to be produced.
SEC. 21. The court shall provide, by general rules, for the Staying prostaying of proceedings in any case where such discovery shall ceedings. have been ordered, until such order shall have been complied
with or vacated.
SEC. 22. In case any party refusing or neglecting to obey Refusal to any such order for discovery within such time as may be obey order. deemed reasonable, the court may nonsuit him, or may strike out any plea or notice he may have given, or may debar him from any particular defense in relation to which such discovery is sought; and the power of the court to compel such discovery shall be confined to the remedies herein provided, Power to and shall not extend to authorize any other proceeding discovery, against the person or property of the party so refusing or how limited. neglecting.
SEC. 23. The books, papers and documents produced under Effect of any order made in pursuance of the preceding sections, shall of books, etc. have the same effect, when used by the party requiring them, as if produced upon notice, according to the practice of the
SEC. 24. The supreme court shall, amongst other things, Supreme court to regulate regulate and prescribe the practice therein, and in the circuit practice. courts, where the same is not prescribed by any statute, in relation to bills of exceptions, cases made by the parties, special verdicts, granting new trials, motions in arrest of judg ment, taxation of costs, giving notice of special motions, and of such other proceedings as the court may think proper; staying proceedings when necessary to prevent injustice, and the hearing of motions, imposing terms, in their discretion, on granting such motions.
orders to stay
in circuit courts, etc.
SEC. 25. In cases not otherwise provided for, the supreme Granting of court shall have power, from time to time, by general rules, proceedings to prescribe the cases in which the circuit courts, or any judge thereof, or circuit court commissioner, may grant orders to stay proceedings in causes and matters pending in the circuit courts, and upon process issued therefrom, the effect of such orders, and the terms and conditions on which they shall be granted.
SEC. 26. When the justices of the supreme court shall be Equal equally divided in opinion upon any case submitted to them, of justices. brought before said court by appeal, certiorari, or writ of error, the judgment or decree of the court below shall be affirmed.
SEC. 27. No justice of the supreme court shall practice No Justice as attorney or counselor in any court of this State.
to practice as attorney.
Testimony in open court.
SEC. 28. The seals of the supreme court now in use shall continue to be used therein; and with such other seals as may be devised for that purpose according to law, shall be the seals of said court.
SEC. 29. The supreme court may, at any time, in accordance with and for the speedy furtherance of justice in any suit, either at law or in equity, call upon the parties to such suit, or any witness thereto, to testify orally in open court; and said court may, by rule, provide for a similar practice in the circuit courts. But no party or witness whose evidence may not be received under the statutes of the State shall be called upon to testify under the provisions of this section.
SEC. 30. The decisions of the supreme court, with the reasons therefor, shall be in writing, and signed by the justices concurring therein. Any justice dissenting therefrom shall give the reasons of such dissent in writing, over his signature; and such opinions shall be filed in the office of the clerk of the supreme court, and copies thereof shall at the same time be delivered to the reporter of said court.
Of the Clerk of the Supreme Court.
SEC. 31. The supreme court may appoint a clerk of said court who shall hold his office during the pleasure of said court. Such clerk shall take the constitutional oath of office and shall perform such duties as may be required by law or by the court. It shall be the duty of the clerk to collect all fees of his office provided for either by statute or the rules of court, and pay the same monthly into the State treasury, taking the treasurer's receipt therefor, which receipt the clerk shall file in his office. The bond required by law to be given by said clerk, when approved, shall be filed in the office of the Secretary of State and the cost thereof shall be paid by the Board of State Auditors. Said clerk shall be an attorney duly admitted to practice before the bar of said court.
SEC. 32. The clerk of the supreme court shall receive a salary of five thousand dollars per annum and his actual and necessary expenses for clerk hire, to be fixed by the court. He may also appoint a deputy with the approval of the court who shall receive such salary as the court may fix. Said deputy shall be an attorney duly admitted to practice before Compensation, the bar of said court. The compensation of such clerk, together with the other expenses of the office as herein provided, shall be paid monthly out of the general fund in the State treasury on vouchers to be approved by a justice of the court.
Care of records, etc.
SEC. 33. The clerk of the supreme court shall have the care and custody of all the records, seals, books and papers appertaining to his said office, and filed or deposited therein; and shall perform all such other duties relating to his office as are required of him by law, or by the rules and practice of the court.
SEC. 34. Whenever the clerk of the supreme court shall when deputy be absent from his office, or from the place where any official duties. duty is required to be performed by him, or shall be incapable of performing the duties of his office, and whenever his office shall be vacant, his deputy so appointed and qualified may perform the duties of such office, during such absence, inability or vacancy.
SEC. 35. The clerk of the supreme court shall provide To provide such books for entering proceedings in said court as the justices thereof shall direct.
SEC. 36. The clerk of the supreme court of this State be- Bond of fore entering upon the duties of his office, and within ten days after his appointment to such office, shall give a bond. to the people of the State of Michigan, in the penal sum of five thousand dollars, to be approved by the chief justice of the supreme court, for the faithful discharge of the duties of his office. Such bond shall be in each instance for the period of five years, and shall be renewed at all events at the expiration of that time, but the supreme court may re- Renewal. quire a new or additional bond at any time.
SEC. 37. The condition of such bond shall be in substance Condition as follows:
WHEREAS, The above bounden,
hath been duly appointed by the supreme court to the office of clerk of the supreme court: Now, therefore, the condition of the above obligation is such, that if the said
... shall for the period of five years, if he shall so long continue in office, faithfully, truly and impartially enter and record all orders, decrees, judgments, and proceedings of said supreme court, and shall faithfully and impartially perform all other duties of his said office, and shall pay over all moneys that may come into his hands as such clerk, and shall deliver over to his successor in office, all the books, records, papers, seals and other things belonging to said office, then the above obligation to be void, otherwise to remain in full force.
Of the State Reporter.
SEC. 38. The supreme court shall appoint, as often as any Appointment. vacancy shall occur, a person of known integrity, experience, and learning in the law, reporter of the decisions thereof, to
be called the State reporter, who shall hold his office during Term. the pleasure of said court.
SEC. 39. The State reporter, before entering upon the duties Oath. of his office, shall take and subscribe the constitutional oath of office before one of the justices of said court, who shall cause the same to be filed in the office of the Secretary of State, and shall give his bond to the State, with two sufficient Bond. sureties, to be approved by said court, in the sum of three thousand dollars, conditioned for the faithful performance of his official duties with correctness and impartiality.
Duty of reporter.
Removal or resignation.
SEC. 40. It shall be the duty of the State reporter to faithfully and correctly prepare all the decisions of such court for publication in volumes of not less than seven hundred nor more than seven hundred and fifty pages each, and cause the same to be published as often as sufficient matter for such volume shall be filed by such court, and within sixty days after the filing of the same, and he shall report and publish in such volumes the decisions of the court, and any dissenting opinion that may be filed, together with a brief statement of the facts of each case, and the points made and authorities cited by counsel therein.
SEC. 41. The State reporter shall receive an annual salary and his actual and necessary expenses for clerk hire, to be fixed by the supreme court from time to time as the needs of his office demand; which salary and expenses for clerk hire shall be paid monthly, upon a warrant of the Auditor General upon the State Treasurer, approved by the chief justice of the supreme court, and shall be paid out of the general fund. Whenever any State reporter shall be removed from office or shall resign, his successor in office shall have the right of possession of all books and papers in the hands of such reporter, by virtue of his office, at the date of such removal, or at the time such resignation shall take effect.
Of the Crier.
SEC. 42. The supreme court may appoint a crier for said court, who shall hold his office during the pleasure of the court. He shall have sole charge of the supreme court room and of the rooms assigned to the justices of the supreme court in the capitol, and shall perform such other duties as shall from time to time be required by the said court. The said crier, may with the consent of the court appoint an assistant crier, and shall perform such duties as shall be prescribed by the court. Said crier and assistant crier shall receive such salary as may be fixed by the justices of the supreme court, to be paid at the same time and in the same manner as the salaries of other State officers are paid.
SEC. 43. The person so appointed crier shall, upon filing with the clerk of said court such bond as is required by law to be given by sheriffs, to be approved by the chief justice of said court, have power to serve all orders, processes or writs issued from said court, and shall collect for such service the fees allowed by law to sheriffs. Any and all fees collected by the crier shall be paid into the State treasury to be accredited to the general fund.
SEC. 44. The salary of the crier and of the assistant crier shall be paid by the State Treasurer monthly out of any money in the general fund in the State treasury not otherwise appropriated, in the manner provided for the payment of salaries of other State officers. The Auditor General shall incorporate in the State tax for the year nineteen hundred