shall be examined in open court, or their depositions taken as in other cases, but no such petition shall be filed more than one year after the final judgment was rendered.
ARTICLE VII.—General Provisions.
When damages are recoverable.Sect. 299. Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.
Provisions respecting trials by ury apply to trials by court.Sect. 300. The provision of this title respecting trials by jury apply, so far as they are in their nature applicable, to trials by court.
ARTICLE VIII.—Time of Trial.
Books to be kept by the clerk.Sect. 301. The clerk of the district court shall keep at least five books, to be called the "appearance docket," the "trial docket," the "journal," the "record," and "execution docket."
The appearance docket.Sect. 302. On the appearance docket, he shall enter all actions in the order in which they were brought, the date of the summons, the time of the return thereof by the officer and his return thereon, the time of filing the petition, and all subsequent pleadings.
The trial docket.Sect. 303. The trial docket shall be made out by the clerk of the court, at least twelve days before the first day of each term of the court; and the actions shall be set for particular days in the order in which the issues were made up, whether of law or of fact, and so arranged that the cases set for each day shall be tried as nearly as may be on that day. For the purpose of arranging said docket, an issue shall be considered as made up, when either party is in default of a pleading.
Trials, in what order. Motions.Sect. 304. The trial of an issue of fact, and the assessment of damages in any case shall be in the order in which they are placed on the trial docket, unless by consent of the parties, or the order of the court, they are continued or placed at the heel of the docket. The time of hearing all other cases shall be in the order in which they are placed on the docket, unless the court in its discretion shall otherwise direct. The court may in its discretion hear, at any time, a motion; and may by rule prescribe the time for hearing motions.
