The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-12-02
URGES REFORM IN
COURT PROCEDURE
Byrd Explains Objects oi Bar
Associations III Seeking New
Law ON Subject.
OLD SYSTEM CUMBERSOME
Thomas w Shelton Preparing
Bill Tor Consideration al
Hands Of Legislature

Richard Evelyn BYRD, Speaker u the
House Of Delegates. explained III .,n
interview yesterday the work. to be
undertaken before the nest General As-
sInblv by Thomas W Shelton and
Others for needed reform in judicial
procedure As MI BIRD shows. the
present .ystcin is not defended by any
body while. with the suggested
changes urged by the American Bar
Association and The Virginia Bar AS
ISOLATION. procedure VIII be very great
~ smplificd. 70 the bcncut Of lawyers
and litigants.
Herorm of judicial Procedure.
AN able Virginia lawyer. Ml.
Thomas W. shelton, Of Norfoih. has
been selected D. tho American Bar AS
ISOLATION aud py the Virginia Bar As
ISOLATION to head = movement for the
reform ~ tho country at large. ana in
Virginia, of judicial procedure" said
Mr.. BYRD. This reform l. Imperative
II the courts are to perform with sim
plicity and reasonable diligence and
economy the functions for which they
arc created
~, is a jus, complaint that court
procedure Is SLOW, complicated cum
bcrsome ana expensive. Too many Just
causes are lost OF delayed for errors
not essential. but merely proceduraI.
and la" suits DRAG :, SLOW length
along. to the disgust Of litigants and
often IN. practical denial OF Justice.
The l>eEislaturH has. from time to
time, made changes IA the direction Of
greater simplicity. but there remains
much 10 be done, ANA. If the experience
OF the past means anything. the re
form accomplished ~ the Legislature
is both slow ana Ineffective
Procedure not being OF the essence
OF rights. tut merely Tho method BY
! IT, -.
vcstiration ana adjudication. there
should always be a certain amount OF
neNibilit", so that defects may be rem
edied AS they are disclosed in the ac-
tuai administration Of the rules
Rules for Equity Practice.
The supreme Court Of the United
States acting under the authority of
Congress. has formulated and pro-
nounccd rules governing the equity
practice Of The Federal courts These
rules have enormously siinpliiicd ana
cheapencd the procedure on the equity
s!dc OF the Federal courts. and tho 81
preme Court VIII soon formulate rules
governing tho procedure or ,hc law
side.
IT" enable our own Supreme Court
10 accomplish this bcnefcent result,
We need only a Slight change in an
existing statute An act OF the Cen
erai Assembly which has been upon
the statute books since lS4e. aud is
now found in section 3ll2 OF tho Code
OF Virginia, provides a follows
The Supreme Court Of Appeals
may, from time to time. prescribe the
forms OF writs. and make general reg
u!aiions for the practice % all courts,
ana may prepare :, system OF rules OF
practice and q system OF pleading. and
the forms OF process. to be uscd in all
The courts Of this state. and when the
same are prepared, the court shall
mako report thereof 10 the General
assembly. ia order TO further legisla-
ton III the premises
This law has slept Tor more than
half q century; Irst becaus. il is
merely permissive ana no, mandatory.
and, second, because il is uncertain
whether the statute gives the SUI
prcnc Court the actual power 70
formulate ana enforce rules. or
whether II may formulate rules and
systems OF pleading. reporting the
same 10 the Legislature for ratflca
tion.
MIR. shelton very wisely proposes
that tie next General Assembly amend
Section 3li2 Of the Code or Virginia
50 as TO read as follows:
The supreme Court OF Appeals