The Birmingham age-herald., 1914-01-11
SUGGEST CHANGES
IN COURT PROCEDURE
Bench and Bar Committee
Makes Its Report
RULE As is INDORSED
Think Supreme Courts New Regula-
tions Will Go Far Toward Lessen
ing Delay-Would Have Judge
Retain Same Courtroom

The report of the committee appoint.
cd to suggest needed changes i'm cour1
procedure was adopted at n meeting Of
members of the bench and bar of hi
mingham held yesterday in the rooms nt
the city court w. c. Fits presided and
in the absence of the secretary, read
the report. which was adopted with verY
little discussion.
The committee was appointed at a meet
ing of the bench and bar called by Judge
Grow in November last for the purpose
of devising remedial rules and procedure,
looking to making the city and circuit
courts more coordinate to the better dis
patch of business. They were also to
prepare necessary legislation for the con
bination of the civil courts if that be
found TO be the most eXpedient plan
The committee consisted of Judge John
II. Miller, Judge e. c. Grow, A. &c.
Smith, c. p. Beddow and l.. J. Haley
who met and prepared the following re-
port, which was adopted yesterday:
Report of Committee
ITO the Members of the Birmingham
Bar:
your committee. to whom was intrust-
cd the matter of making some suggestions
and recommendations relative to some
changes in practice and procedure in our
local courts Especially civiD beg leave
to report.
I'VE realize that as a committee, and
even the body of the Birmingham bar
power, and that what we SCI and dc
will be matters merely of suggestion and
counsel to the courts and the legsla-
ture. We are aware that any material
change in procedure is an experiment,
and for that reason. If no other, should
never be hasty or undigested.
'Our first suggestion is as to the saw
ing of time Much valuable time is lost
by attorneys itigants, witnesses and
Jurors in locating the court. or the room
or branch of the court where they are
needed. This can In large measure be
obviated by allowing one judge to remain
in one division of the court during his
term on the bench, and for him ~ hold
mis- court in the Same courtroom during
lis term, with the judges name and the
division of his court on the door of the
courtroom. This would not mean that
one judge was to try a particular kind
of cases all the time, for any docket
could be set in any division as is done
now, rs the clerk of the court sees fit
This method has been adopted and fol-
lowed in nearly all the leadng cities 4
this country.
IndOrse Rule As
I'VE further suggest that each judg,..
when behind with his docket sound the
same for two or three cases ahead SO
as to inform attorneys and litigants as
ia GA IN hp hoe r1 fa,.
ticable
fOur next recommended tion is that as
a rule no Judge should adjourn his
division of the court If he has time
enough left (before his next case is
seD to aid any division of the court
which may be behind in its work. This
method has been substantially In prac-
tice in. the city and circuit courts OF
this county for the past year and more
than 100 additional cases have been
tried which would otherwise have been
continued. We feel sure that the
judges Will readily adopt any of these
suggestions when they see that they
are the result of the careful deliber-
alton of the members of the bar We
believe also that each court should
make some provision by which attor-
neys can inform the court of their
absence and when they can be present
or where they can be found
Thirdly. we submit that the rules
adopted by the supreme court of Ala
barna on June 23, 1913. and which are
now of binding application In and on
all the courts of this state, will go
far in the administration of right and
justice without denial or delay.
Sound Cases Ahead
''Especially do we feel this to be
true of rule 45. which could very aptly
be termed the substantial Justice rule:
that rule is in these words and we set
ii out in full because we as think OF
1t wisdom and Importance:
"Hereafter no Judgment will be re-
versed or set aside. nor new trial
by this court. or by any 10Th
er court Of this state. In any civil or
case on the ground of mis-
of the Judge. the giving or
refusal of special charges. or the i'm
proper admission or rejection of evil
dence. nor for error as to any mat
ter of pleading or procedure. unless
in the opinion of the court to which
the appeal is taken or application Is
made after an examination of the en-
tire cause. it should appear that the
error complained of has probably in
juriously affected substantial rights of
the parties
1T will ready appear that brief as
this rule is 1t is very comprehensive
and necessarily obviates and relieves
this committee of any necessity of sug-
gesting matters for your adoption
which are so clearly contained in the
rule itself
"We will refer to only one other
subject. We believe that the pleadings
In actions for personal injuries should
be simplified, especially as to defen-
sive matter. In other important actions.
such as ejectment. detinue and other
actions. this has been done and OBJ
viously to the better administration of
Justice. This would necesstate some