Evening star., 1936-08-01
CHANGE OF RULES
FOR LAW PRACTICE
LIKELY IN DISTRICT.
Ancient System Due to Be
Discarded in Civil
Procedure.
COMMITTEE STUDYING
PROPOSED new CODE
Report on Endeavors to Liberal.
ize" Regulations Is Ordered
Before August "a.
BY WILL p. KENNEDY.

legal procedure Is much more cOmpll-
Gated than in any State, lawyers now
are facing drastic changes in rules of
practice, which means that the older
lawyers will be forced to learn a new
system, new language, new termin-
ology and new procedure. The old
common law practice that has been
used for nine centuries, since the days
of William the Conqueror, would be
discarded. This applies entirely to
civil procedure, and has nothing to do
with criminal cases.
Here in the District is an individual
and unique court practice that does
not exist elsewhere-that is what is
causing the confusion right now, with
a distinguished committee from the
District Bar, headed by H Winship
Wheatley, endeavoring to find a way
to harmonic the proposed changes to
the peculiar local conditions.
The United States got its law from
England, inheriting the old English
common law, out of which grew the
system known as common law proceed
ure. After the States obtained their
independence, the State of New York
passed the code pleading statute, which
attempted to abolish the finesse or
science and attempted to codify all
procedure. Most of the States today
have adopted that New York code of
pleading-but the District of Columbia
has clung to common law pleading.
The distinction between law actions
and equity actions has been preserved.
Get-up in District.
The District of Columbia has not
the sovereignty of a State The Dis
trict laws are from the Code of Laws
for the District of Columbia and
United States Revised Statutes.
The act of Congress, approved June
13. 1884, provides that the Supreme
Court of the United States shall have
the power to prescribe by general
rules for the District Courts of the
United States and for the courts of
the District of Columbia the forms
of process, writS, pleadings and mo-
tions, and the practice and procedure
in civil actions at law. etc. 1t also
time write general rules of law and
equity, so as to provide for only one
form of civil action and procedure for
both, so long as the seventh amend
mont to the Constitution is preserved
inviolate.
After the passage of this act the
Supreme Court of the United States
on June 3, 1885, appointed commit
tee of lawyers, headed by former At
torney General William D. Mitchell
as chairman and George Wickersham
as vice chairman, and directed that
committee to prepare a set of rules
governing civil procedure and practice
in every Federal court in the United
States, including the courts of the
District of Columbia. Wickersham
died while the work was in progress,
and on February II, 1886, the court
appointed former Senator George
Wharton Pepper in his place. This
committee in May, 1896, submitted to
Chief Justice Hughes tentative draft
of rules which now is before the Bar
of the United States-all the lawyers
gestions and correction. The various
courts have appointed local commit
tees to study the draft and prepare
suggestions for amendments.
Committee Appointed.
About July Chief Justice Alfred
A. Wheat of what was the District
Supreme Court, with the approval of
Chief Justice Martin of the Court of
Appeals, appointed committee,
headed by Attorney Wheatley, the
other members being j. S. Flannery,
John E. Laskey, Paul E. Lesh, Percy
H. Marshall, Austin F. Garfield, Wal
ter c. Clephane, William S. Hodges,
Frank S. Nesbit, George c. Gertman,
Leon Tobriner and George E. Hamil-
ton, ST. Flannery resigned and G.
Bowdoin Craighill was appointed to
succeed him. This committee is hold
ing meetings on Mondays, Wednes-
days and Fridays in the new Supreme
Court Building to consider the ap-
plicability of the proposed new code
of rules to the District of Columbia
courts. This committee is to make its
report before August "a.
1t is emphasized that in the States
there are two courts-State and Fed
eral. These rules have nothing to do
with the State courts-they govern
only procedure in the Federal courts.
The average lawyer does very little
business with the Federal courts. But
in the District every case naturally
becomes a Federal case-and q great
many cases in the District are tried
In the Federal courts which would not
get into Federal court in any State
such as divorce suits and foreclosures
Three Sets of Courts.
Here there are three sets of courts
equity, law and criminal-.with the
justices rotating. If these rules are
adopted there will be only two sets
Of courts-civn and criminal-and
hereafter there will be no distinction
between equity and law procedure.
This will wipe out terminology long
In use.
The committee from the District
bar feels that II these proposed new
rules can be workably harmonized
with the peculiar conditions in the
District. they will do away with sew
sral evils and loopholes In the present
practice. They are In favor Of clean
Ing up some Of these practices that
have crept In. such as the general de-
murrer, delaying action and working
distinct disadvantage 10 the honest
complainant, They are In favor Of
rules 20 simplify and expedite the
trial of casea by making preliminary
matters, which heretofore have con-
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