The Cook County news-herald. [volume] (Grand Marais, Cook County, Minn.) 1909-current, 1917-04-18
CHANGES IN SUPREME
COURT PROCEDURE
That Will Bring About a Prompt
Conclusion of All Cases Brought
to This Court.

Chief Justice Calvin L. Brown, up
on request for information in REFER
ence to recent changes in the Su-
preme Court procedure, gave out the
following statement, which will be
OF interest to laymen as we'll as to
awyers of the state.
''There were two reasons, for the
changes in the procedure referred to,
namely, first desire to check so far
as possible the steadily increasing
expense Of appeals to the Supreme
Court, and second the ACCESSIBILITY
of overcoming and doing away with
certain forms and customs which
tended only to delay the hearing and
final decision of appeals.
Heretofore the court has for
many years held two terms of court
annually, and on the first day of
each the calendar has been called
and the cases set for argument on
dates during the succeeding three or
four months. The attorneys engaged
in the cases have been compelled, un-
der a rule and practice established
years ago, to attend on such first
day and respond to the cases in
which they were interested; for cases
not responded to when called in
their order would be continued over
the term. This requirement of at
tendance was a source of consider
able expense to litigants, for the at
torneys would charge their clients
with the expense incurred in attend
ing court, and also for their time.
1t was believed that this Formally
of setting the cases could be- dis
pensed with without prejudice to any
one, and the litigants relieved of the
unnecessary expense of sending their
attorneys to St. Paul to attend the
call of the calendar, and the old
practice is by the new rules wholly
abolished. Hereafter the appeals
will be set for argument by the
court as they come in, and the clerk
will notify the attorney of the date.
This will do away with the call of
the calendar, an out of date form of
procedure, and dispense with the
useless extra trip to St. Paul by the
attorneys.
1.-THE other change reduces the
laws delay very materially. To en-
able the court to make the changes
the legislature was requested to a.
mend certain of the statutes upon
the subject, and the request was
promptly granted. By the amended
statute the court was authorized
without calling the attorneys in, tc
fix time for the argument of ap
peals, and to require the parties tt
conform thereto, or suffer and af
firmance or dismissal A rule OF
court has been adopted by which al
appeals must be proceeded with by
the appellant within sixty days, anc
if the rule be not complied with the
court will order an affirmance OF
dismiss the appeal and remand thu
case to the lower court. Under the
former practice the attorneys were
authorized to postpone the time foI
serving the briefs and for hearing
from time to time by stipulation
thus often clogging the calendar anc
delaying final judgment. This right
of stipulation has been taken ava,
from the attorneys. The court. will
no longer recognize it, and the attor
neys must proceed under the rules
and promptly bring the appeals or
for hearing, otherwise an affirmanct
or dismissal follows.
again, cases have under the ole
practice remained on the calendar
term after term, without argument
or submission for decision, thus de-
laying final judgment. This has beer
brought to an end. One of the new
rules provides that where an appea
remains in the court without sub
mission for decision for a longer
period than year the court will Of
it's own motion affirm the Judgment
and remand the cause.
"The changes are in matters Oh
procedure, not of substantive law
and will bring about a prompt hear
ing and decision of all appeals taker
= to the Supreme Court, and no doubt
will meet with general approval; Tn.
step, together with the new rules a
dopted two years ago, is somewhat
in advance of the procedure in othel
states; but the purpose thereof i.
to prevent unnecessary expense ant
delay, and to- bring about q prompt
conclusion in all cases brought tt
this court, and is commendable pro
gress in the right direction. .