§ 958. The same by two or more affiants.

Form No. 317.

[TITLE OF COURT AND CAUSE.]

[VENUE.]

A. B. and C. D., being severally duly sworn, each for himself says: [Here state facts to be sworn to].

[JURAT.]

A. B.

C. D.

§ 959. Affidavit on which to move for security of costs.

[TITLE]
[VENUE.]

Form No. 318.

C. D., being duly sworn, says that he is the defendant in the above-entitled action, which was commenced on the . . . day of 19 ; that he has a good defense to the whole of said action [or, if only to a part, state specifically to what part]; that the plaintiff was at the time of the commencement of this action, and still is, a non-resident of this state [or, a private or foreign corporation], and has not given security for costs in said action. That defendant has not yet answered in said action, and that the time for answering has not yet expired. [JURAT.]

§ 960. Affidavit to obtain security for costs.

[TITLE.]

[VENUE.]

Form No. 319.

C. D.

C. D., being duly sworn, says he is the defendant [or, one of the defendants] in this action, and that summons with a copy of the complaint was served on him on the . . . day of . . 19 .9 and that the time for answering the complaint herein has not yet expired [or, state the stage of the action, according to the fact]; That the plaintiff is [or, all the plaintiffs are], and was at the time of the commencement of this action, a non-resident of this state.

[Or, if the plaintiff has become a non-resident:] That since the commencement of this action the plaintiff has become and is now a non-resident of this state.

That no security for costs has been filed in this action, and this affidavit is made for the purpose of compelling the filing of such security. [JURAT.]

C. D.

§ 961. Affidavit for security when plaintiff or sureties become non-resident after action brought.

C. D., being duly sworn, says that he is the defendant above named, and that this action was commenced by said plaintiff in this court on the . . . day of . . ., 19

;

That since the commencement of this action, and on or about the... day of . . ., 19. ., the said plaintiff removed from this state, and became, and still is, a resident of the state of . . ., [or, allege the giving of security by the plaintiff, and that the surety or sureties have since removed from the state or become insolvent].

[JURAT.]

C. D.

§ 962. Affidavit to obtain stay of proceedings until another action is determined.

C. D., being duly sworn, says he is the defendant in the aboveentitled action, which was commenced in this court on the . . . day of . . ., 19. ., for the purpose of [state object of action and present stage thereof].

...

19

this defendant com

That on the . . . day of menced an action in the . . . court of . . county in said state against said plaintiff, for the purpose of [state object and present stage of action].

That the issues in the action last mentioned are the same as those involved in this action [or, that some of the issues are the same, naming them], and the decision of the last-named action will settle and determine all questions of fact or law involved in this action, for the following reasons: [State facts showing this to be true.]

That the issues in said action begun by this affiant are at law, and entitle the affiant to the benefit of a jury trial, to which he claims that he is entitled.

That this affidavit is made for the purpose of moving for a stay of proceedings in the above-entitled action until after the determination of the said action begun by this plaintiff.

[JURAT.]

C. D.

§ 963. Order staying proceedings on foregoing affidavit. Form No. 322.

[TITLE.]

The defendant's motion for a stay of proceedings in this action coming on to be heard upon the affidavit of said defendant [and the affidavits of A. B. and N. O. in opposition thereto], after hearing G. F., Esq., for the motion, and E. F., Esq., in opposition; on motion of G. H., Esq., attorney for said defendant:

It is ordered, that this action and all proceedings herein on the part of the plaintiff be and the same are hereby stayed until the trial, final determination, and entry of judgment in the action wherein C. D. is plaintiff and A. B. is defendant, now pending in the . . . court of said . . . county, or until the further order of this court, and that the plaintiff pay . . . dollars, the costs of this motion.

By the court:

J. K., Judge.

§ 964. Order allowing amended pleading.

[TITLE.]

Form No. 323.

On reading and filing the affidavit of C. D. [and upon the proposed answer heretofore served, and upon the pleadings herein], and on motion of G. II. for plaintiff, after hearing E. F. [or, no one appearing] in opposition:

Ordered, that the defendant have leave to serve an answer in this action, amended by substituting, for the fifth paragraph of the original answer, the words " " within... days

from the date of this order, on payment of . . . dollars costs

...

to the plaintiff [and that plaintiff have leave to demur thereto within the usual time.]

[Or, in case proposed amended pleading has been served with the motion: Ordered, that the defendant have leave to amend his original answer by substituting therefor the proposed amended answer already served, and that the service of said amended answer already made stand as due service thereof, upon payment of . . . dollars, motion costs, and that the plaintiff have leave to demur or plead thereto on or before. . . . 19. . [SIGNATURE.]

Upon the petition of C. D., defendant in this action, of which a copy is hereto annexed, and upon the pleadings and proceedings in this action; on motion of G. H., Esq., attorney for the defendant:

.

.

Ordered, that the plaintiff be required to give to the defendant inspection and a sworn copy of [name and describe document or book], or permission to take such copies in the following mode, namely, that the plaintiff deposit [name document or book] with the clerk of this court in his office in the courthouse, on the . . . day of . . ., 19 .., on or before . . . o'clock noon, such deposit to continue until the . . . day of . . 19 at . . . o'clock . . . noon, on condition, nevertheless, that the plaintiff pay or tender to the attorney for the defendant before such time of delivery . . . dollars, to cover the expense of making such copies and their delivery. [Or, the condition may be:] That the plaintiff deposit with the clerk of this court the sum of... dollars, and notify defendant's attorney of such deposit, out of which the clerk shall tax the reasonable costs and expenses of making and delivering such copies [or, such other conditions as the court or judge deems proper].

Let a copy of this order and the petition on which it is founded be served on the attorneys for said plaintiff .

the date last mentioned.

days before

This order shall operate as a stay of proceedings to this extent only, namely, [here specify how far the proceedings shall be stayed, if it is desired not to make a full stay].

[DATE.]

By the court:

L. M., Circuit Judge.

§ 966. Order to furnish bill of particulars.

[TITLE.]

Form No. 325.

The defendant's motion for a bill of particulars of the plaintiff's claim coming on to be heard on the . . . day of . . 19. ., and on reading the complaint, the affidavit of the [defendant] and [here mention other papers used on hearing], G. H., attorney for defendant, appearing for the motion, and E. F., for the plaintiff, opposing, and after hearing and being advised in the premises:

Ordered, that within . . . days after the service of this order on his attorney, the plaintiff deliver to the defendant's attorney a bill of particulars [duly verified] of the demand for which this action is brought, stating fully [here specify what the bill shall specially state]; and

That all proceedings herein, on the part of the plaintiff, be stayed, and that the defendant have . . . days, after the service of such bill, in which to answer the complaint, and that he recover ten dollars, the costs of this motion.

[DATE.]

967. Order for further bill of particulars.

[TITLE.]

Form No. 326.

J. K., Judge.

Upon the affidavit of C. D., and upon the complaint herein, and upon [name other papers, if any, on which order is based], and upon motion of G. H., Esq., defendant's attorney, E. F., Esq., plaintiff's attorney, having appeared in opposition thereto : Ordered, that the plaintiff's attorney deliver to the defendant's attorney, within . . . days after service of this order, a further account in writing, of the particulars of the plaintiff's further demand herein, specifying [here point out particularly the defects to be supplied].

Ordered, further, [continue with order for stay, etc., as in last preceding order].

[DATE.]

[SIGNATURE.]