Evening journal., 1915-12-15
ORAL TESTIMONY
NOW IN CHANCERY
Chancellor Curtis Promul-
gates New Court Order
to Expedite Causes
WILL WAIVE RULE
In CERTAIN CASES

Chancellor Charles M. Curtis has
promulgated by an order dated De-
cenber 10, 1915. a new rule for hear
ing testimony Of witnesses orally be-
fore him.
In explaining the new order the
chancellor said:
Heretofore, following the very an
cient practice derived from the High
Court Of Chancery in England, which
is the source OF equity practice and
procedure in this State, the testimony
Of witnesses has not been heard direct
ly by the chancellor, and witnesses
have been produced before an exam
| iner or commissioner, appointed by
\ the chancellor, and their testimony
taken down in writing and then SUI
mitted to the chancellor when the
case is argued. The new method gives
the court an opportunity to see and
hear the witnesses, and observe their
manner in testifying and their gen
eral bearing, little of which is OBJ
tained from the written page. In addi-
ton, the hearings may be shortened
and the vital points of the case more
clearly and sooner ascertained BY a
recent statute the chancellor is auth
orized to frame this rule, The princi-
ple has already been tried out In sew
eral cases already heard by agreement
of counsel. and the purpose of the rule
A. fNss ufaffn ~
, provision Is made for obtaining the
testimony of witnesses who are out
of the State or otherwise unavailable
after diligent and suitable efforts
This rule follows i'm principle the new
practice adopted by the Federal Courts
pursuant to a rule recently promulgat
/ ed by the Supreme Court of the
, United States for the hearing OF equity
causes. This new procedure will prob
| aly take more of the time of the chan
cellor but If the causes are more
quickly disposed of, the suitOrs vii
be benefited thereby and The cour
should willingly assist in attaining
!, such a result
The rule is as follows
: On this 18th day of December,
= A. ID. 1915, the following rules OF
3 the Court OF Chancery OF the
. State OF Delaware and the several
. . counties thereof is hereby adopted
and promulgated:
Rule A. After a cause has been
at issue for fifteen days, and the
complainant shall not within the
time allowed therefor have filed
his election to go to hearing on
bill and answer the Chancellor,
upon application of either party,
by motionin writing or on his own
motion. may make an order that
ID the testimony OF all witnesses for
q, all parties be heard and taken
al orally before the Chancellor in
re open court at the time fixed by
~ him for the hearing OF the cause.
~ For special cause shown within
a reasonable time before the trial
% begins. the Chancellor may, upon
= such terms as he may impose, or
~ der the testimony OF named wit
nesses TO be taken otherwise, and
a, the testimony of such witnesses
40 shall be taken at such time and
manner and be returned as shall
be provided in the order
When testimony is heard orally
re by the Chancellor stenographic
~ notes thereof shall be taken by the
ed stenOgrapher for the Court Of
s. Chancery. or by some other ste
ID nographer appointed by the
d Chancellor.
r. When testimony is offered and
p excluded, and the party against
20 whom the ruling is made excepts
ey thereto at the time. the Chancellor
so shall cause 10 be taken down so
NJ much thereof. or make such state
IN ment respecting it, as will clearly
% show the character OF the evi-
" dence, the former in which Il is Of
fered, the objection made, the
ruling thereon and the exception
: to such ruling.
zen Rule B. The foregoing rule
all shall apply to all causes pending
Ihe in this court and hereafter begun
md therein. and the Chancellor may
ow order that at the hearing OF in
the terlocutory proceedings and rules
ncel the testimony be taken and heard
will under said rule