Page:The Green Bag (1889–1914), Volume 24.pdf/621

 576

The Green Bag

required to complete his examination, United States, has concerned itself with direct and cross, at a single session, the the advantages of an abridged statement presiding judge avoided a long trial. of the proceedings in narrative form on The evidence was very clearly marshalled appeal. In Texas, one of the most back in the charge of the court to the jury, and ward of the states, perhaps, in the eli the comparative promptness with which mination of over-technicality, eight the case was finished was due in large judges have proposed that there shall be measure to this circumstance. The trial no reversals in civil cases for insub lasted only nineteen days, which is short stantial error. for this country if it would not be for England, and it has well been said that Mr. Justice Goff's conduct of this case "Che Revised Equity Rules of the Federal Courts constitutes a precedent. At the time of this writing, only news The revised rules governing pleading paper reports of the substance of the and practice in the equity side of the rules of equity pleading and procedure federal courts, upon which Chief Justice promulgated by the Supreme Court are White and Justices Lurton and Vandeaccessible, and they are too hazy to per vanter had been working for seventeen mit of an estimate of the extent and char months, were promulgated by the Su acter of the reform. It is obvious, how preme Court Nov. 4, and will go into ef ever, that the forms of equity pleading fect Feb. 1, 1913. have been placed upon a simplified, The Chief Justice, in orally explaining progressive basis, in harmony with the the rules from the bench, grouped the general principle that there should be no reforms under four heads. The first more form and technicality than are was in regard to the exercise of power by necessary to an efficient procedural sys the federal courts in equitable matters. tem. The restrictions on expert testi The second was in regard to the modes mony and on voluminous stenographic of pleading, and was described as being records will doubtless help to diminish designed primarily to remove all unnec the expense and delay of litigation and essary steps and to bring the parties may be nearly as important as the quickly to the issue. The old, timereform of equity pleading which has so honored forms of pleadings, the Chief long been needed. The next problem Justice said, had been abrogated so far will be to secure a revision of rules of as it was within the power of the court court on the common law side. to do so, and the most advanced and Of only slightly less significance than simplified forms substituted, such as revision of the rules of federal equity now exist in certain states and in the procedure is the reform ' arried out in the English courts. The third reform was described as new practice act of New Jersey. This state has treated the whole subject of being a restriction in the modes of taking pleading and practice, and the new sys testimony, particularly in patent and tem is likely to serve as a model for other copyright cases in regard to expert states. The evil of insubstantial error testimony. The new rules, as a general seems to have been effectively dealt with, thing, provide for trial of issues of fact and the abolition of bills of exceptions by the court instead of by a referee. The last reform spoken of was in re will simplify procedure on appeal. Ten nessee, like the Supreme Court of the gard to diminishing the size of records