Evening star., 1948-08-08

information on the program-whicl
has been characterized as one o
the landmarks in the law in thi
century.
Justice Laws was appointed
member of the Pretrial Committee
of the Judicial Conference Of Sen
ior Circuit Judges. It's report wa
adopted by the conference in Oc
tober, 1914. The conference ap
proved the pretrial program ant
noted that a good many Stat,
courts. as well as Federal jurisdic'
tions, have been utilizing 1t to i'm
prove the administration Of justice
Demonstrated for New Jersey
In March of this year, at the re-
quest of Chief Justice Vanderbilt
of the Supreme Court of New Jer
sey, Justice Laws, together witt
prominent trial lawyers from Wash
ington put on a pretrial demonstra'
ton before an audience of over 1,20t
jurists and lawyers at Newark, N. j
Nearly all Of the State judges ir
New Jersey and some of the Fedora
judges were present. Justice Van.
derbilt has since stated that thi'
demonstration did more to impress
the judges and lawyers Of New Jer.
sey as to the Importance and useful.
ness of pretrial procedure than any
other presentation Of the subjec
which had been previously made ir
New Jersey.
1t seems particularly fitting tina
the turist who will become the new
pretrial and assignment justice O.
District Court when the fall tern
opens in october will be Justice
Alexander Holtzoff. For as a Justic'
Department lawyer, he had a lead
ing role in writing the new Fedora
Rules of Civil Procedure-simplify.
ing this field of law. Pretrial is pro
vided for in these rules and is Of
fically known as rule 16. The prin
ciple on which pretrial is based l
traced back to half century ago il
England.
Professor Of Law Edison r. Sun
derland Of the University of Mich
igan, a pretrial authority, wrote
"The pretrial hearing has reached
higher point of efficiency in thi
country than in England and W
have already attained that wider de
velopment which the Royal Com
mission SO strongly recommended t.
the English courts.
Procedure Flexible
/ "Our procedure for simplifying
issues is completely flexible ant
can be used In all types of cases
While its effectiveness in shortening
the trial and saving trouble and ex
pense for every one concerned is no
susceptible of quantitative measure
ment, no one who has had much ex
perience with pretrial conference
questions their substantial value"
Each new term of District Cour
here a different justice takes hi
place on the pretrial bench.
Assignment Commissioner Johl
H. Sullivan, who works in close CO
operation with the pretrial ant
assignment justice, says about hal
of the civil cases are disposed o
without trial. The civil calendar a
District Court is now running abou
5000 cases on the trial calendar
Damage and divorce cases make ul
the bulk of the civil docket. Abou
half of the civil cases are divorc'
cases and half of these filed arr
disposed OF through death, recon
ciliation or divorces secured in othe'
jurisdictions.
Mr.. Sullivan, aided by Assistan
Assignment Commissioner Richart
IL. Collins, keeps the pretrial docke
moving, the Oldest cases being con
sidered first.
Mr.. Sullivan says the cases dis
missed jumped from TOO to 1,10O II
June, 1910, due to the first cour
year of pretrial work. For by thi
method, numerous old cases tina
had been cluttering up the calendar
for years were speedily disposed OF
For the calendar year 1947, Mr.
Sullivan points out, 1926 cases were
disposed of without trial and strick'
en- from the court calendar. Abou
half of them went off because o.
pretrial. The other half were di.
vorce cases.
There are certain cases that d(
not readily lend themselves to pre-
trial. Leading this group are dl'
vorces. Most authorities feel tina
nothing is to be gained by pre-
trial here. For, Mr.. Sullivan cite!
the point that rs per cent OF al
divorce cases filed end in being un'
contested or dismissed. The remain
ing IS per cent are not considered
worth pretrial treatment.
Some Gases Not Pretried
But any case may be pretried i
a party can show the court it woult
be beneficial. Criminal cases ar
not pretried, except occasionally b!
defense counsel's consent. The de
fendant in a criminal case undel
the Federal Constitution does no
even have to take the witness stant
to testify. And his lawyer does no
have to make an opening statement
even after the end of the Govern
ment's case. Many lawyers feel tina
to pretry criminal cases would til
the Government of to the defense
However, occasionally by consent
many items of uncontested evidenc,
have been agreed upon in crimina
cases.
Generally exempt from pretria
are patent. divorce and veterans