The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1912-12-27
HOW TO SIMPLIFY JUDICIAL PRO-
cEDuRE


law and chancery procedure which We
inherited from England was too tech
nical, complicated and difficult OF
practical application to satisfactorily
deal with the varying conditions and
exigencies of modern life.
So early as 1925 the English parlia-
ment felt the pressure of public opin-
ion for changes that would simplify
practice and promote more speedy
administration of the law. A COM
mission was appointed to secure
those ends. That or similar commits
sions endeavored to remodel the ex-
listing systems down to 1878.
Discovering that all their efforts at
reconstructing the common law and
chancery systems of practice were
unavailing for the purposes in view
the commission recommended the en-
tire abolition of these systems, AMI
the adoption of a new system of
pleading and practice. The old forms
of common law declarations and
pleas, and of bills, answers and pleas
in chancery were abolished.
Statement of the Facts
The new system provided simply
for logical statement by a plaintiff
or complaint of the facts of his case.
1t provided that the sufficiency of
these facts to constitute a cause Of
action could be raised by demurrer.
If the demurrer was overruled the de-
PENDANT must answer, with a state
ment of the facts of his defense. The
plaintiff might then by demurrer test
the sufficiency of the facts as stated
to constitute a defense. If this de-
murrer is overruled, the answer
makes the issue on which the case
is tried.
| understand that under the new
system all pleadings or statements of
causes of action or defense are con-
strued literally in favor of the plead
er, which is just the reverse of the
common law rule. The result of the
new system, as | understand it, is to
cause the merits or justice of a cause
to turn on the facts rather than on
the technical accuracy of pleadings.
The status of pleadings and prac-
tice in Florida is quite similar to that
existing in England in 1878. Many
states of the Union have endeavored
to accomplish the same ends by
adopting code systems of pleading
and practice. These code systems
are not all alike and none perhaps ex-
actly like the English system. They
have met with varying degrees of ap-
proval or disapproval, owing proba-
bly, to a lack of clarity and precision,
and probably other causes, which I
do not understand to be irremedia-
Bile.
The People Approve 1t
| do not understand that the En-
glish system has met with universal
approval. Many lawyers, especially
those who are particularly skilled in
the existing system, are naturally dis
posed to look upon all innovation
with suspicion and dislike But the
great bulk of intelligent men amongst
English speaking people can see no
necessity for a dozen differing forms
of common law actions and pleas and
peculiarly technical system of chan
Gerry practice, when the object of all
pleading is to get the facts before the
court and jury 1t is upon the facts
at last that the merits of a cause
must depend.
One of the latest of the code svs-
TENS is that of Connecticut. 1t is one
of the simplest. 1t apparently only
occupies about $50 sections of the
law-and is complete.
We have more than 200 sections in
Florida dealing with notifications
and changes in the common law and
chancery practice, and at the bottom
OF both the old common law and chan
Gerry systems, which come into play
when not inconsistent with the stat
utes and constitution. To practice
law intelligently in Florida a lawyer
should be provided with a large lum-
Der of expensive law DO >ks upon
pleadings and practice.
On the 23rd of April, 1911, during
the first month of the session Of the
legislature l prepared two bills which
provided for the appointment of
commission to examine into onr sys-
tenn and to prepare for the cons ,dera-
ton of the succeeding legislature. a
slmplitied system of pleading and