The Hawaiian gazette., 1904-02-26
DON'T LIKE
THE RULES
Bar Association
Wants Only
a Few.


changes made in the rules of court
proposed by Judge De Bolt. In fact
that organization placed itself on rec
ord yesterday as being oppossl to
nearly all of the rules compiled by
Judge De Bolt and submitted to 1t
for consideration. The report of the
committee recommending the elimina-
ton of many of the rules was adopted
almost unanimously and today there
will be a discussion of the changes pro-
posed in the rules which have not been
entirely eliminated.
| The following is the report submitted
by the committee at the meeting yes
terday afternoon:
To the Chairman of the Executive
Committee of he Bar Association.
Sir: The undersigned at your request
have examined the proposed Rules of
| the Circuit Courts concerning which
they make the following suggestions:
The statutory authority for the
Rules, Sections 1149, 1925. 1878, c. L.,
confines them to rules for Regulating
the practice and conducting the bust
ness of the Circuit Courts in all mat
tiers not expressly provided by law"
notice to the opposing party OF mat
tiers intended to be given in evidence"
and to those which shall be necessary
to prevent surprise and to afford an
opportunity for preparation for trial."
also rules for guidance of clerks in
making up calendars"
We recommend that rules be not
made which practically embody the re-
quirements of Statutes, or to suggest
forms of judgments, DEGREES and oaths
to witnesses, jurors and Interpreters,
or of petitions in probate, or which re-
quire that all papers be endorsed writ
ten and folded in a prescribed way;
and which prescribe the ordinary rou-
tine of a jury trial, or the proper rules
of professional etiquette to be observed
by members of the Bar.
The bonds required by Rules 10 and
10 are not required by the Statute, and
we think that the law would not au-
thorize them to be required by Rules.
We recommend that Rule concern
ing bills Of particulars be not adopted,
both because 1t conflicts with the me-
chanics' lien statute, and because while
n defendant If he likes can always get
1t from the plaintiff, 1t Is frequently
not desired, and the plaintiff in order
to prepare such particulars, especially
of claims of parties not within the
Circuit, may lose valuable time for en-
tering suit or punishment.
We think that the Rules should not
specifically require that instructions be
presented to the jury in all cases i'm
mediateiy upon the close of the evil
dence.
The specifications of grounds of de-
murrer required by Rule 7, and also
the requirement of the Rule that de-
murrers and all other matters in a
case shall be heard by the judge before
whom the case Is pending are not rec
commended by us. Section HOS G. l..
makes the latter unnecessary, and the
former are sufficiently provided for by
the common law.
In accordance with the foregoing
general views, we suggest that the fol-
lowing rules be not recommended viz:
Nos. g. 16, 81, 32, 80, a. So, 81 SO, 40, AZ.
The draft herewith submitted will
show amendments suggested by us in
other rules.
ALFRED S. HARTWELL.
w. l.. STANLEY,
A. G. NJ. ROBERTSON,
S. II. DERBY.
Honolulu, Feb. 90, 1904.
There was a long discussion over the
recommendation to cut out the rule
requiring the courts permission for an
attorney to withdraw or enter a case
after suit had been instituted. Nc
Giants Stewart wanted the rule left in
and said that Magoon had taken a
case from him without leave and he
had lost a $3.50 fee on that account.
Mr.. Robertson said he didn't believe it
to be any of the courts business what
attorney a litigant had and Judge
Stanley didn't see what control the
court had over the contractural rela-
tons that existed between attorney
and client. Stewart said he didn't
believe the court should allow a change
of attorneys until the last attorney had
been paid his fee, and Robertson re-
piled that the proposed rule wouldn't
help Stewart collect his fee. Mr.. Nc
Clanahan deemed 1t unwise for court |
to lay down rule of professional eth
les and said no attorney would accept |
a case until the relations between the |
client and former attorney had been |
dissolved. He was opposed to regu-
any way by the court. The associa-
ton voted to eliminate the rule.
There was also discussion over the
curing all affidavits or jurats to be
absolutely verified and prohibiting the