Variance of evidence.
Amendments.
Pleadings prejudicing fair trial.
Publicity.
Summons to hear judgment.
Notice to parties of Judgment.
Minule of judgment.
Decision, judgment, or verdict subject to special cases.
General power of Court
na to rehearing or
new trial.
Time for application. for new trial.
Jury may be demanded on new trial.
Court may order jury.
58
RULES OF SUPREME COURT
Every document put in evidence shall be marked by the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.
92. Where the evidence adduced at the hearing varies substantially from the allegations of the respective parties in the pleading, it shall be in the discretion of the Court to allow the pleading to be amended.
93. The Court may allow such amendment on such terms as to adjournment, costs, and other things as seem just, so as to avoid surprise and injury to any party; but all amendments necessary for the d-termination in te es sting suit of the real question in controversy between the parties shall be made if duly applied for.
94. The Court may at the hearing order or allow, on such terms as seem just, the striking out or amendment of any pleading that appears so framed as to prejudice, embarrass, or delay the fair trial of the real questions in controversy between the parties.
Judgment.
95. Decisions and judgments shall be delivered or read in open Court, in presence of the parties and their legal advisers.
96. If the judgment of the Court is reserved at the hearing, parties to the suit shall be summoned to hear judgment, unless the Court at the hearing states the day on which judgment will be delivered, in which case no summons to hear judgment shall be issued. 97. All parties shall be deemed to have notice of any decision or judgment, if the same is pronounced at the bearing of the application or suit.
All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounc d.
98. A minute of every judgment, whether final or interlocutory, shall be made, on which the decree or order may be drawn up on the application of any of the parties.
Special Case.
99. Any decision or judgment may be given, or verdict taken subject to a special case to be stated for the opinion of the Supreme Court.
Rehearing. New Trial.
100. The Curt may, in any case, on such terms as seem just, order a rebearing or new trial, with a stop of procedings.
101. An application for a new trial may be made and deter- mined on the day of hearing, if all parties are present, or on notice of motion, filed dot later than 14 days after the hearing.
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Such notie shail not of itself operate as a stay of proceedings; but any money in Court in the suit shall be ret tined to abide the result of the motion or the further order of the Court.
After the expiration of such 14 days, an application for a new trial shall not be adın.tted, except by special leave of the Court, on such terms as seem just.
102. On an order for rel earing or new trial, either party may de- mand a jury for the second trial, though the first was not with a jury. 103. The Court may, if it thinks fi, make it a condition of granting a rehearing or new trial that the trial shi'l be with a jury. 104. Where the Supreme Court, or appea from a Court where ordered for second troi trial with a jury can be had, thinks fit to direct a rehearing in the Court holow, it may direct that the second trial shall be with a jury.
On appeal jury may be
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