1833 Probate Court Rules

The following is a transcription of the 1833 probate court rules from Switzerland County, Indiana
“Indiana, Wills and Probate Records, 1798-1999,” Ancestry.com (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 26 June 2017); Switzerland > Probate Order Book, Vol 1, 1814-1824, 1831-1837 and 1837-1841 > image 221, 1831-1837, p. 127.

May Term 1833

The Court now adopts the following rules for the government of this Court which is ordered to be spread on the words, to wit,

  1. All attorneys are to be sworn faithfully and impartially to perform and discharge the duties of an attorney of this Court &c.
  2. At the meeting of the Court on Each day, all the officers &c. will be expected to be present to attend to their several duties when called on, and it shall be the duty of the sheriff on each meeting of the court to call all the attornies [sic] attending the same in an audible voice
  3. The minutes of the preceding day must be read every morning by the Clerk before any business are taken up, the attorneys concerned, are requisted [sic] to attend and see that the enteries [sic] are correctly made by the Clerk.
  4. Motions must be made as soon as the minutes are read and signed on each day of the term, and onley [sic] one attorney will be allowed to argue motions on each side, unless the Court, under peculiar Circumstances should wish to hear Others.
  5. In all cases the attorney holding the affirmation shall have the opening and closing of the question.
  6. The Clerk will Docket litigated cases first in order, and each day of the term not incompatable [sic] with the laws and attornies [sic] in making motions will be heard in order according to their seniority.
  7. The Causes on the docket will be called and tried in the order in which they stand, unless for good cause shewn & case may be passed over or Continued by Consent.
  8. In Chancery cases councel will furnish the Court with epitome of each case the points and brief of the authorities they rely on, with references to evidence in support of the several points material to be examined, when required, and will in all cases, write the decrees and submitt [sic] them to the Court for approval or correction.
  9. When Counsel is addressing the Court or a Jury the opposing Counsel must be silent, In addressing the court the attorney will rise to his feet in his place and when he has closed his address he will immediatly [sic] resume his seat, and remain silent untill [sic] his oponent [sic] has closed his remarks, and while one attorney is speaking the others must keep their seates [sic].
  10. While one attorney is examining a witness the opposing counsel will not be allowed to interrupt him by cross examining the witness, but will wait untill [sic] he is told that the examination of the witness in Chief is ended.
  11. On the first day of each term, the Court will meet at eleven of the clock on each suceeding [sic] day at nine of the Clock.