Evening star., 1942-03-08
Judge Cayton Asks
Summary Judgment
Rule Be Abolished
Points to Hordships
Of Defendants in
$50 to $500 Suits

In written recommendation to the
other municipal court judges, yester-
day urged repeal of the summary
judgment rule in "class B" cases, or
those where claims range from more
than $50 up to $500.
Abolition of the rule means that
In a contract suit involving sum
within those brackets defendant
no longer would be compelled to
provide an affidavit of defense"
which requires the services of an
attorney and, in the opinion of
Judge Caytor, works hardship on
defendants being sued for small
sums.
In recent case. Judge Cayton
wrote "the Court of Appeals ruled
that no affidavit of defense is re-
quired to a counterclaim in a class
B case"
Judge Cayton pointed out that
Rule 16," the summary Judgment
rule, is contradicted by Rule 2.
Quotes Decision.
On rule he quoted from the
Court Of Appeals decision as follows:
q. Its primary purpose is to
assure to people of small means, ig-
norant of the complexities of plead
ing and practice, often unrepre-
sented by counsel, their day in court
and that fair hearing on the merits
which, in our system of jurispru-
dence, is regarded as fundamental" |"
Regarding the Court of Appeals
decision, Judge Cayton wrote there
is implicit in that opinion a plain
suggestion that Rule l6 should be
abolished and a more humane pro-
cedure provided to meet the needs
of the poorer class of people who
are sued in these 10000 or more
cases each year
With the rule in operation
plaintiff is entitled to a judgment
for the full amount of a claim un-
less the defendant or his agent
files an affidavit of defense on the
return day of the summons or
within such additional time as may
be fixed by the court.
"Wisdom of Step" Shown.
The summary judgment rule was
'1egislated out of existence in the
Small Claims and Cancellation
Branch of Municipal Court, where
sums involving not more than $50
are involved, Judge Cayton pointed
out
The wisdom of the step" there
"has been demonstrated many thou
sand times by the fact that almost
10 times as many defendants are
having their cases heard and de-
cided on the merits, than before the
Small Claims Act" Judge Cayton
said.
The same technique has been
adopted in the Landlord and Ten
ant Branch of Municipal Court,
the jurist pointed out, with the
summary judgment rule abolished.
Then, urging abolishment of the
rule in the so-called class B cases,
Judge Cayton said:
1T now remains for us to apply
the same practical and humane con-
sideration to the large volume of
cases where rule 16 is working OBJ
vious hardships every day in the
week, and where to continue it in
force would be oppressive and dis
criminatory.
Denial of Justice.
1T would be oppressive" he said,
because we would continue to deny
justice where it is most important
that justice be easily accessible. 1t
would be oppressive because every
defendant seeking trial of his case
would be confronted with one of the
most perplexing of all court rules.
1T would be discriminatory be-
cause we would have one method Of
procedure in tort or negligence cases.
where no answer, plea or affidavit
of any kind is required of a de-
fendant, and an altogether different
and much harsher procedure in
contract cases. I am sure it can
not be argued that there is any
reason for imposing such a special
hardship on defendants who are
sued by merchants, credit houses.
finance companies or others whose
claims are based upon contracts"
continued Judge Cayton.
Pointing out that abolition of the
rule will entitle defendants to stand
trial merely by stating their cases
verbally. Judge Cayton said many
more trials would result from such
relaxed procedure" but added:
IF that should happen, it will
only prove the necessity for the new
procedure. 1t is far better that the
trial calendar increase in size than
that rights of litigants be dimin-
ished or destroyed by an unreason-
able rule"
Connotation of Charity.
Declaring that it may be argued
that no defendant suffers under the
rule because free legal advice is
provided by the Bar Association,
Judge Cayton praised the associa-
tons work in providing the advice,
such assistance is attended by cer-
tain connotation of charity. The
duty of relieving against that diff
Guilty rests squarely upon the court.
"Our rules must be made sensible,
practical and understandable, he
added In expressing the view that
Municipal Court judges have power
to abolish the summary judgment
rule as he urged.
Finally. it is plain that we cannot
continue Rule 2. which says that no
formal pleadings shall be required
hold 1t out to the public as promise
of an easy, simple day in court, only
to snatch it away from those who
need it most by the nullifying provi-
sions of Rule 16.
Therein lies the grim irony of
which the Court of Appeals spoke.
Therein lies our duty to act accord
ingly."