Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-02-25
BAR tSSV(IlIIW
on COURT RULES

The Bar Association met yesterday
afternoon and took up Immediately the
following report Of the committee on
the rules OF court. the same being
adopted almost unanimously.
To the Chairman Of the Executive
Committee Of the Bar Association.
sir:-The undersigned at your re-
quest have examined the proposed
Rules Of the Circuit Courts concerning
which they make the following sug-
gestions:
The statutory authority for the Rules,
Section 1l4s. 1925. 1878. C. L.. confines
them to rules for regulating the prac-
tice and conducting the business of the
Circuit Courts In all matters not en-.
pressly provided by law" notice to
the opposing party Of matters 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
cslendarsy."
We recommend hat 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 prescribed way;
and which prescribe the ordinary rou-
tine Of q jury trial, or the proper rules
, Of professional etiquette to be observed
by members Of the Bar.
The bonds required by Rules IL and
10 are not required by the Statute. and
We think that the law would not au-
thorise them to be required by Rules.
We recommend that Rule 8 concern
Ing bills Of particulars be not adopted,
both because II conflicts with the me-
chanics' lien statute. and because while
defendant II he likes can always get
| It from the plaintiff. II 10 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 sarnishment.
We think that the Rules should NOT
specifically require that instructions be
presented to the Jury In all cases i'm.
mediately upon the close Of the evi.
dence.
: The specifications Of grounds Of do
nurrer required by Rule z, and also
the requirement Of the Rule that de
murrers and all other matters In ,
case shall be heard by the Judge befor,
whom the case IL pending are not rec
commended by u. Section HOS G. L
makes the latter unnecessary. and tn,
J former are sufhciently provided for b,
the common Law.
In accordance with the foregoing
general views, we suggest that the fol
J lowing rules be not recommended. viz
Nos. 6, 16. 81, 30. 80. "a, IS. 81. SO, 40, AZ
. The draft herewith submitted viii
show amendments suggested by US II
lother rules.
ALFRED 8. HARTwELL
w. L. STANLEY.
A. @. NJ. ROBERTSON.
y 8. H. DERBY.
Honolulu, Feb. %, 1904.
. There was q long discussion on tn
, 4 4 4 4 4 = 4 = 4 4 4 = = = = 4 4
! ceptance within 80 days from date.
Very truly yours.
q. T. WINANT,
For Secretary. Estate B. p. Bishop.
The price was the subject Of som
discussion and It was decided to hav
: the president look further into the mat
: ter before taking further action.
, President Cooper stated that he ha
!, q conversation with Governor Carte
Q In regard to the re-appolntment Of
milk inspector. The Governor has con
{ scented and the appointment was cor
D hrmed.
The cemetery question was dis
cussed. It had been found that IN Kn
. waiahao cemetery many graves hav
= been obllterated so that there is mo-
l mo trace Of the graves. It was decide
to let the matter 90 over 10 the mex
. meeting.