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3 Chi. B. Ass'n Rec. 1 (1918-1919)

handle is hein.barjournals/chicbar0003 and id is 1 raw text is: PUBLISHED MONTHLY BY THE CHICAGO BAR ASSOCIATION Vol, K1 CHICAGO, OCTOBER, 1918 IMPORTANT. War Time Law Practice. To the Members of The Chicago Bar Asso- ciation: The Board of Managers beg to call your attention to a critical situation now confront- ing the practicing lawyers of this city, and to ask your co-operation in avoiding, so far as possible, the hardships likely to result from that situation. Because of the enlistment in our country's military or naval service of so great a pro- portion of the younger members of the Bar, and of law students and other young men available as clerks in law offices, the law offices of this city are practically stripped of their clerical forces. Nor is there any immediate prospect of an improve- ment in this condition. It is, therefore, inevitable that live cases will be frequently reached upon the trial call when one or the other side will be unrepre- sented; and if the ordinary rules of practice are strictly followed, injustice and hardship will often result. It is also inevitable that in a very large percentage of the cases reached for trial, indispensable witnesses on one side or the other will be absent in the country's service, and in many of such cases the ordinary rules of practice will be no adequate protection. It is obvious that when large numbers of citizens are daily going to encampments, or across the seas, there will frequently be no opportunity to properly prepare cases for trial, and counsel representing one party or the other will be unable to procure the ade- quate affidavits as to what facts can be proved by the absent witnesses, and such affidavits, if admitted, will often be no ade- quate substitute for the witnesses them- selves. In view of these conditions, we beg to sug- gest to each member of 'the Association that for the present, and until these conditions can in some way be remedied, by rules of court or otherwise, in the situations men- tioned above, or in other situations growing out of war conditions where a strict insist- ence upon ordinary rules of practice might work a hardship, 'leniency be indulged toward opposing counsel and parties; and that counsel on both sides of litigated cases co-operate to the end that injustice and hard- ship be avoided. By order of the board. Amos C. Miller, President. Arthur Dyrenforth, Secretary. Referring to the foregoing, on September 26th a joint meeting of the Committee on Rules of Court was held with the Executive Committees of the Circuit and Superior Courts and a representative of the Chief Justice of the Municipal Court. It was the sense of this joint meeting that the Com- mittee on' Rules of Court should prepare, and present to the courts, rules covering the subjects discussed. The Committee has prepared and presented the following rules: RULE I. No cause shall be dismissed for want of prosecution, nor shall any default be entered against any party for whom counsel has filed an appearance unless written notice of motion for such dismissal or default shall have been served upon the attorney for the party against whom such action is moved. RULE II. If, upon the call of a cause for trial or theretofore, a showing shall be made to the Court by affidavit or otherwise, from which the Court shall be of opinion that by reason of the absence of any party or any witness in the military service of the United States, within the meaning of the Act of Congress of March 8, 1918, or while engaged in any essential war activity, either party may not safely proceed to trial, the Court shall order the cause to stand continued or the Court may, in its discretion, set the cause for trial at some time when the presence of the absent party or witness may be rea- sonably expected. RULE III. Any attorney having causes upon two or more trial calls or motion calls subject to preliminary call at -the same hour, may leave with the minute clerk of the judge or judges upon whose calendar or calendars he has a case or cases subject to call a written memorandum signed by him or his clerk, informing the court of the fact that he has cases subject to call before more than one judge and advising the Court of whether or not he will be prepared to proceed with the trial or disposition of the motion when reached, and if not ready, giving the reason therefor and advising the Court further that he will return to that courtroom by a given time within an hour after the opening of Court, and the minute clerk receiving such notification, shall advise the judge thereof, No. I

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