Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-04
'D. c. COURT 0. KS
. PLAN TO END JAMS
Innovations Will Follow Ex-
haustive Inquiry-AppIy to
Civil Cases Only.
CONTINUED From First Page.)


the new position of motion and as
signment justice is recommended.
New once Proposed.
Assistance to the motion and assign
ment justice is to come from his regu-
lar court clerk and also from an en-
ploye of the clerks ONCE to be known
as the assignment commissioner, a new
once recommended in the report. The
Justices clerk will relieve the justice to
o greater degree than under the pres
ent system, particularly with regard to
matters such as the arrangement for
times for hearing of cases.
The assignment commissioner will be
permanently on this work and will han
die all the work incident to the assign
ment and calling of cases in the trial
courts and the sending of juries to such
Of them as have jury cases assigned.
Supervision Of the assignment commits
sioner by the motion and assignment
justice becomes active only when coun-
sci in pending cases are unwilling TO
accept the disposition made by the
commissioner or when the commissioner
himself Is in doubt.
There are nine justices in the court
and it Is proposed that two be assigned
to the trial Of criminal cases and a
third to condemnation matters, leaving
six TO handle the civil business of the
court. One of these latter is to have
the position of motion and assignment
justice for q specified time and the tive
others are to hear such eases as may be
assigned to them by the motion and
assignment justice.
Relief Plan Provided.
To relieve the burden of the latter,
1t Is provided, that motions may be
disposed of without oral hearing ex-
cept in cases that require such hearing.
All motions for new trial, of course,
will be heard by the separate trial
justices, but In the case Of othsr mo-
tions, many of which are now made
solely for dilatory purposes and which
under the new rule will be greatly de-
creased, the filing must be accompanied
by a statement of points of law and
authorities relied upon.
Within three days the opposing
party may file similar statement in
opposition, otherwise the motion will be
considered as conceded. If the respond
ent files his statement the matter will
be regarded as submitted to the court
upon such statements unless the parties
or either of them request an oral hear
ing, the granting of which shall be in
the discretion of the motion justice.
The great advantage Of the new
system, It Is claimed, will come from
the fact that the work Of five courts is
pooled. In any one court the DISPOSE
ton Of cases on the daily call Is neces-
sarily quite irregular. On some days
several wiz be disposed of and then for
several weeks there may remain only
one case being heard. If the work Of
i've courts Is pooled, this irregularity
Of progress will be diminished, though,
~ IA Al IN al al
entirely. 1t will be possible to approx
mate more accurately the number of
new cases which will be called for trial
upon any given day II five courts are
considered together. In this way the
number of cases which must be held
ready for trial is reduced and the time
Of lawyers, htigants and citizens sum-
moned as witnesses conserved.
VIII Assign as Requested.
The assignment commissioner is to
have charge of all the civil juries and
VIII assign them as requested to the
several trial justices. When trial
judge approaches the conclusion of a
case on hearing he will have his court
clerk notify the commissioner, who will
designate the next case to be tried.
The commissioner will notify counsel in
the next case, who will have 80 min
utes to present themselves and their
witnesses for trial If the case Is to be
heard by q jury, the commissioner will
draw q panel Of 20 jurors and send
them to the court room prepared to
have IL Of their number selected for the
jury panel. Those not accepted will re-
turn to the general jury room. Should
counsel be actually engaged in other
branches Of the court or in the Court
Of Appeals, the commissioner is en-
powered to pass over that case and as
sign the following case for trial.
The committee in its report suggested
that not more than 90 cases be named
on the daily assignment.
Another innovation Is what is known
as an alarm calendar, which Is to be
prepared by the assignment commits
sioner and Is to include not more than
so cases. This calendar Is to give three
days notice before the case is placed
on the daily assignment. Cases on the
general calendar or on the alarm call
e11dar may be continued fop the term
by consent of counsel on both sides, filed
with the commissioner, but not more
than three continuances will be granted
In. any one year. When q case reaches
the daily assignment it cannot be post
poned for any cause excepting one
which has arisen since the preceding
day.
Conclusions Summarized.
The conclusions reached by the COM
mittee and recommended to the court
are summarized as follows:
al. Designate one Of the judges of
the court, in rotation, for term, to
serve as @ motions judge, with other
duties. He shall dispose of all mo-
tons Except motions after verdict),
formal orders and ex parte applications.
This motions judge Is to be the judge
accessible to the members Of the bar at
all times during the court day for the
disposition Of miscellaneous and emer-
gency matters.
20. Eliminate Friday as motions day,
permitting i've full trial days per week.
Motions will be heard on all days of
the week, except motions after verdict,
which shall be heard before the trial
Judge.
"S. Simplify and expedite the dispo-
Sition of motions by requiring the NOV
ing party to accompany his motion by
a statement Of points and authorities
relied upon, the opposing party to file q
similar statement of points and authori-
ties, otherwise the motion to be consid-
cred conceded. On the filing of such
statements the matter is considered
as submitted, unless the parties, or
either Of them, have requested oral
hearing and such hearing is desired by
the motions Judge.
out. - wa..-.-n rV.Io.a.