served by any one. It is "served" by reading it to the person named
therein, or by delivering a copy of it to him. A witness, however, is not
bound to come unless paid mileage and one day's service in advance.


THE TRIAL.

Opening Statement.--The usual procedure is as follows: After the jury has
been sworn, the plaintiff's attorney reads the complaint and makes an
opening statement of the facts which he expects to prove. The purpose of
the opening statement is to present the salient points of the case, so
that the importance and bearing of the testimony may be readily seen by
the jury.

Evidence.--The evidence [Footnote: The most important Rules of Evidence
are given in chapter VII.] for the plaintiff is then introduced. Each
witness, after being duly sworn, gives his testimony by answering the
questions of counsel. After the direct examination by the plaintiff's
attorney, the witness may be cross-examined by the attorney for the
defendant. When the evidence for the plaintiff is all in, the defendant's
attorney makes his opening statement, and then the witnesses for the
defense are examined. The direct examination is now, of course, conducted
by the counsel for the defendant, and the cross-examination by opposing
counsel. When all the evidence for the defense has been introduced, the
plaintiff may offer evidence in "rebuttal," that is, to contradict or
disprove new matter adduced by the defense. And the defendant may then
introduce evidence to refute matter first brought out by the rebuttal.

Argument.--The case is now ready for "argument." One attorney on each side
addresses the jury. Each tries to show that the evidence adduced has