Studies in Civics | Page 9

possession of certain (described) personal property belonging to the
plaintiff. The plaintiff then gives a bond for the costs of the suit and for
the return of the property in case he fails to secure judgment, and for
the payment of damages if the return of the property cannot be enforced,
and the justice issues the writ. This commands the sheriff or constable
to take the property described and turn it over to the plaintiff, and to
summon the defendant as before.
Pleadings.--The next step in the process, in any of the cases, is the
filing of an Answer by the defendant, in which he states the grounds of
his defense. The complaint of the plaintiff and the answer of the
defendant constitute what are called the pleadings. [Footnote: For a
more extensive discussion of pleadings, see chapter VII.; or Dole, pp.
30-42.] If the answer contains a counter-claim, the plaintiff is entitled
to a further pleading called the Reply. The pleadings contain simply a
statement of the facts upon which the parties rely in support of their
case. No evidence, inference or argument is permitted in them.
Issue.--It is a principle of pleading that "everything not denied is
presumed to be admitted." The fact or facts asserted by one party and

denied by the other constitute the issue. If the defendant does not make
answer on or before the day appointed in the summons and does not
appear on that day, judgment may be rendered against him. If the
plaintiff fail to appear, he loses the suit and has to pay the costs. For
sufficient cause either party may have the suit adjourned or postponed
for a short time.
Jury.--On demand of either party a jury must be impaneled. The jury
usually consists of twelve persons, but by consent of the parties the
number may be less. The jury is impaneled as follows: The justice
directs the sheriff or constable to make a list of twenty-four inhabitants
of the county qualified to serve as jurors in the district court, or of
eighteen if the jury is to consist of six persons. Each party may then
strike out six of the names. The justice then issues a venire [Footnote:
For forms, see page 280.] to the sheriff or a constable, directing him to
summon the persons whose names remain on the list to act as jurors.
Witnesses.--If any of the witnesses should be unwilling to come, the
justice issues a subpoena [Footnote: For forms, see page 279.]
commanding them to appear. The subpoena may contain any number of
names and may be served by any one. It is "served" by reading it to the
person named therein, or by delivering a copy of it to him. A witness,
however, is not bound to come unless paid mileage and one day's
service in advance.
THE TRIAL.
Opening Statement.--The usual procedure is as follows: After the jury
has been sworn, the plaintiff's attorney reads the complaint and makes
an opening statement of the facts which he expects to prove. The
purpose of the opening statement is to present the salient points of the
case, so that the importance and bearing of the testimony may be
readily seen by the jury.
Evidence.--The evidence [Footnote: The most important Rules of
Evidence are given in chapter VII.] for the plaintiff is then introduced.
Each witness, after being duly sworn, gives his testimony by answering
the questions of counsel. After the direct examination by the plaintiff's
attorney, the witness may be cross-examined by the attorney for the
defendant. When the evidence for the plaintiff is all in, the defendant's
attorney makes his opening statement, and then the witnesses for the
defense are examined. The direct examination is now, of course,

conducted by the counsel for the defendant, and the cross-examination
by opposing counsel. When all the evidence for the defense has been
introduced, the plaintiff may offer evidence in "rebuttal," that is, to
contradict or disprove new matter adduced by the defense. And the
defendant may then introduce evidence to refute matter first brought
out by the rebuttal.
Argument.--The case is now ready for "argument." One attorney on
each side addresses the jury. Each tries to show that the evidence
adduced has proved the facts alleged in his pleadings, and each asks for
a decision in favor of his client. Usually the side upon which rests the
burden of proof has the closing argument.
Counsel must confine themselves to the law, the admitted facts and the
evidence.
Verdict.--The jury then retire in care of an officer to a room set apart
for their use. Here they deliberate in secret. If after a reasonable time
they cannot agree, they are discharged, and the case stands as if no trial
had taken place. But if they agree they return to