Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-11-06
not be conveniently disposed of together
the court may order separate trials.
Will Shorten Litigation.

To shorten litigation the new rules
abolish demurrers and pleas. It Is d.
rected that hereafter every defense in
point of law arising upon the face OF the
bill shall be made by motion to dismiss
Every defense heretofore presentable by
plea in bar or abatement shall be made
In the answer, and may be separateiy
heard and disposed of before the trialNof
the principal case In the discretion OF the
court. II the Defendant move to disniss
the bill or any part thereof. the motion
may be set down for hearing by either
party upon FIVE days notice, and, il 1t
he denied. answer shall be filed within
five days thereafter or decree pro con-
fesso entered.
Simplicity in Answers.
Simplicity must mark the answers filed
to complaints made in court. The new
rules direct that 1.-The defendant in his
answer shall in short and simple terms
set out his defense to each claim asserted
by the BILL omitting any mere statement
OF evidence and avoiding any general de-
NAL of the averments of the bill. but spe-
cifically admitting or denying or explain
ing the facts upon which the plaintiff re-
lies. unless the defendant is without
knowledge, in which case he shall so
state, such statement operating as a de-
NAL Averments other than OF value or
amount Of damage, IL not denied. shall be
deemed confessed. except as against an
infant, lunatic or other persons non
compos and not under guardianship, but
the answer may be amended, by leave of
the court or justice. upon reasonable no
tice. SO as to put any ayerment in issue
when justice requires 1t. The answer
may state many defenses, in the al
tentative, regardless of consistency, as
the defendant deems essential to his de-
fense.
1.-The answer must state in short and
simple form any counterclaim arising
out of the transaction which is the sub
ject matter of the suit, and may, without
cross bill, set out any set-on or counter
claim against the plaintiff which might
be the subject of an independent suit in
equity against him, and such set-off OF
same effect as a cross suit. so as to en-
able the court to pronounce final judg-
ment In the same suit both on the orgi-
nal and cross claims.
Strike at Delays.
The new rules also aim to hasten the
trial Of cases and to prevent cases beine
postponed from month to month after
they are ready for hearing. Continu.
ances. except in rare cases. are frowned
on by the new court regulations. The
rule on continuances reads:
after cause Is placed on the tria!
calender 1t shall not be continued be-
yond the term save In exceptional case.
by order of the court upon good cause
shown by affidavit and upon such term.
as the court shall In its discretion i'm.
pose. Continuances beyond the tern
by consent of the parties shall be al
lowed on condition only that a stipula.
tion be signed by counsel for ali the
parties and that all costs incurred
Heretofore be paid. Thereupon an or.
der shall be entered dropping the cas-.
from the trial calendar, subject to re
instatement within one year upon ap
| p1ication to the court by either party
| in which event it shall be heard at TIL.
earliest convenient day. If not so re
| instated within the year, the suit shall
! be dismissed without prejudice to
new one"
| Many other important changes from
| the viewpoint of the practitioner ar.
made in the new rules. These selected
| for notation are of interest to the pub
| lie in general and to litigants as wei
as to the profession.