Courts -- United States; Trial practice -- United States
Or again the plaintiff tries to show that when he was thrown from the
wagon he bruised his right elbow. The counsel objects there is nothing
about injuries to his right elbow in the Bill of Particulars,
therefore he can not prove it. The Bill of Particulars says that he
hurt his hand, scratched the forearm, and injured the right shoulder,
but says nothing about the elbow. Grave consultation by the learned
lawyers and the judge ensues. The defendant's lawyer is right, there
is nothing in the pleadings about the elbow.
The case can not go on until that important question is settled. There
is argument on both sides. The client looks anxious. The jury sit and
wonder what that phrase of "the delay of the law" may mean. Finally a
bright idea occurs to the lawyer.
"I move to amend, your Honor, so as to include the elbow." The other
side looks shocked and disgusted. "What, move to amend in such a
casual way as that. The pleading is a serious thing. It has been sworn
to, you may not amend a sworn statement in that offhand way." The
judge says that he will allow the amendment but if the other side is
surprised he will grant an adjournment of the trial to another day.
The other side says, "Pardon me a moment until I consult with my
client." The judge smiles. The lawyer goes over to his client and the
client says, "For goodness' sake don't adjourn. I've broken up my
business for a week to come here now; what's all this fuss about
pleadings; let's get on with the case." The lawyer returns to the bar.
"We have decided to proceed."
"Amendment allowed," says the judge. The witness now tells about
hurting his elbow.
The preparation of a case goes on behind the scenes and before the
drama begins. The attempts to rehearse are piece-meal. First one
witness is seen, then another, their stories are told, their
statements are taken, and they are drilled in their parts. They are
told as to what facts they must testify. In one large company that has
a quantity of damage suits, there is said to be a school for witnesses
where there are dress rehearsals and they are taught how to behave in
court.
The greatest farce that occurs in the court-room is the part of
preparation that is involved in getting a case on for trial. There
being no limit to the time to examine witnesses, to hear arguments, to
listen to objections, it is said to be impossible to tell how long a
case is going to take. Consequently the calendar having been called,
the cases following are answered ready, by office-boys with no
expectation of their being immediately reached.
Public-domain text, read in full here on John Shaqi.
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