The New York herald., 1922-04-16

Judges and more clerks. The question
of how much work Judges and, clerks
do is quite as important a factor in
determining the amount OF business
done as is the number OF judges and
clerks.
Efforts have been made for some
years to simplify the procedure and
practice in the Municipal courts SC
that the parties would not have to
hire lawyers. 1t is not necessary for
a citizen to hire lawyer if he will
iamiliarize himself with the simple
procedure
The first step in a Municipal Court
lawsuit is to serve a summons. For
merly the summons had to be issued
by clerk and fee paid and served
by marshal or by some one deputized
to serve it. That was years ago. Now
any one above. the years of Is can
serve summons.
A summons is a notice that the
plaintiff, who must be named in the
summons, requires the defendant, who
must also be named, to answer within
five days in the District Court, which
must be named and the address of the
court given.
Complaint with Summons.
With tie summons there can be
served complaint; that is, state
ment of what the plaintiff demands
from the defendant and why. This
complaint can either be verified: that
is, sworn to by TIE plaintiff, in which
case the defendant must swear to his
answer. or the complaint need not be
sworn to. in which case the answer
need not be sworn to.
Simpler still is the service of q
summons without any complaint but
with a statement written on the sum-
mons of low much money the plaintiff
demands of the defendant and whether
1t is for goods sold and delivered or
wages or rent or whatever the reason
Tor the demand is. The plaintiff is
the party who brings the suit and the
defendant is the party who is sued.
When the defendant is served with
q summons; that is. when a copy of
the summons is given to him. the
plaintiff must file the summons itself
with the clerk of the district where
the suit is brought This district IS
usually where the defendant lives or
does business. If the plaintiffs law
yer brings the suit in the district court
nandiest to the lawyers Office the de-
fendant can have the suit removed
to the district where he lives.
When the defendant is served with
the summons he can either have .
lawyer appear and answer for him OF
re can appear and answer himself
There are obliging clerks in many OF
the district courts who will prepare
an answer for defendant if it is evi-
dent that he has not the means to
hire lawyer.
Forms of Deniais.
The usual answer is a general denial
unless there is a verified complaint
when there must be specific denial
OF particular charges in the complaint
unless the defendant denies the whole
transaction. If the summons is sim
ply indorsed with the amount de-
manded and what for the notice of
appearance can be served with a gen
eral Genial indorsed or added to it.
Often the defendant demands a bill OF
particulars, especially for goods sold
and delivered or damage suits or
breach of contract cases.
If the defendant has any claim
against the plaintiff, the defendant car
add counter claim to his denial and
demand that the plaintiff pay the de-
fendant whatever moneys or damages
the defendant claims.
A copy of the answer must be served
on the plaintiff or his lawyer and the
original filed with the clerk of the
court.
There the matter rests until either
a notice that on a certain day stated
therein the case will be brought on
for trial. Before the answer is served
the defendant must get the number
of the case from the clerk and in
dorse it on the answer. There are SO
many similar names that cases go by
name and number both.
On the day that the case is noticed
for trial both the plaintiff and the de-
fendant are expected to appear in
court. If either of them has a good
reason for the case not being tried on
that day he must go to court or have
his lawyer or some one else go to
court and explain to the judge who
calls the calendar that there is a valid
reason for delay. In this event the
trial is adjourned to another day.
The calendars for each trial day are
alphabetically, being ar
ranged according to the first letter OF
the plaintiffs name. They are called
by the clerk and the cases which are
ready for trial are sent to one of the
judges in a trial part. When every
Judge holding a trial part has had
several cases assigned to him an
is made that the remain
ing cases will be called beginning
usually at o'clock in ths afternoon.
The first case called Is between 8 and
10 O'Clock in the morning. The parties
and witnesses in each case are sup
posed to go at once to the trial part
to which they are assigned, where they
are tried in their order.
A stenographer is present In each
trial part, who takes the testimony.
the case is decided as soon as
all the testimony is taken. There is
little speech making except in the jury
trials. The Justices are quick to get
at the gist of the case.
Decision Entered by Clerk.