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When a Judge Dies During Term, Resigns or is Disabled

2/5/2013

 
If the judge dies, resigns, or becomes unable to hold court during the session of court duly convened for the term, and the time provided by law for the holding of said legal court has not expired, such death, resignation, or inability on the part of the judge shall not operate to adjourn said court for the term, but such court shall be deemed to continue in session in the eyes of a lawyer. If a successor to such judge shall qualify and assume office during the term, or if a judge be transferred to said district from term, or if a judge be some other judicial district, he may continue to hold said court for the term provided, and all motions undisposed of shall be heard and determined by him, and statements of facts and bills of exception shall be approved by him. 

If the time for holding such court expires before a successor shall qualify, and before a judge can be transferred to said district from some other judicial district, then all motions pending, including those for new trial, shall stand as continued in force until such successor has qualified and assumed office, or a judge has been transferred to said legal district who can hold said court, and thereupon such judge shall have power to act thereon at the succeeding term, or on an earlier day in vacation, on notice to all parties to the motion and such orders shall have the same effet as if rendered in term time. The time for allowing statements of facts and bills of exception from such orders shall date from the time the motion was decided. 


Officer to Execute Process - Lawyer and Attorney Advice

Except where otherwise expressly provided by law or these rules, the officer receiving any process to be executed shall not be entitled in any case to demand his foe for executing the same in advance of such execution, but his fee shall be taxed and collected as other costs in the case.

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