Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 32 of 64
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RULES FOR THE DISTRICT COURT
affirmative of the issue, shall have the right to open and conelude;
but if he waives the right of opening the argument, he
shall not have the right to conclude. This rule will apply to
motions, exceptions to evidence, and all other matters presented
to the court, except in rules to show cause, in which the party
called on shall begin and end his cause.
35. An application for first continuance shall not be argued.
36. In all arguments, and especially in arguments on the trial
of the case, the counsel opening shall present his whole case as
he relies on it, both of law and facts, and shall be heard in the
concluding argument only in reply to the counsel on the other
37. Counsel for an intervenor shall occupy the position in the
argument assigned by the court according to the nature of thd
38. Arguments on questions of law shall be addressed to the
court, and counsel should state the substance of the authorities
referred to without reading more from books than may be necessary
to verify the statement. On a question on motions, exceptions
to the evidence, and other incidental matters, the counsel
will be allowed only such argument as may be necessary to present
clearly the question raised, and refer to authorities on it unless
further discussion is invited by the court.
39. Arguments on the facts should be addressed to the jury,
when one is impaneled in a case that is being tried, under the
supervision of the court. Counsel shall be required to confine
the argument strictly to the evidence, and to the arguments of
opposing counsel. Mere personal criticism by counsel upon each
other shall be avoided, and when indulged in, shall be promptly
corrected as a contempt of court.
40. Side-bar remarks and remarks by counsel of one side,
not addressed to the court, while the counsel on the other side i!
examining a witness, or arguing any question to the court, o0
addressing the jury, will be rigidly repressed by the court.
41. The court will not be required to wait for objections to b
made when the rules as to arguments are violated, but should
they not be noticed and corrected by the court, opposing counse
may ask leave of the court to rise and present his point of objece
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5830/m1/32/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .