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15 Fla. L.J. 1 (1941)

handle is hein.barjournals/florbarj0015 and id is 1 raw text is: FLORIDA LAW JOURNAL VOL. XV JANUARY, 1941 No. 1 AN ACT Relating to rules of pleading, practice, and procedure, providing for the preparation and the promulgation of such rules and objections thereto, authorizing the Supreme Court to prescribe such rules for all courts, and to prescribe forms of all pleadings, writs, and process. Be it enacted by the Legislature of the State of Florida: Section 1. Rules of Pleading, Practice, and Procedure. The Supreme Court, by rules promulgated from time to time, shall regulate pleading, practice, and procedure in judicial proceedings in all courts of this state for the purpose of simplifying the same and of promoting the speedy determination of litigation upon its merits. Such rules shall not become effective until sixty days after promulgation unless the Supreme Court specifies an effective date in the order of promulgation, in which event the date so specified shall be the effective date. Section 2. Forms. The Supreme Court shall also have power to prescribe forms of all pleadings, writs, and process for all courts in this state, to be effective in the same manner as prescribed in section 1 of this act. Section 3. Advisory Board. The Supreme Court is authorized to appoint from time to time from the members of the bar of the state of Flor- ida a committee of not less than five to act as an advisory board. The term of service of the members of such advisory board shall be one year, unless sooner terminated by order of the Supreme Court. Such advisory board, voluntarily or on request of a majority of the justices of the Supreme Court, may from time to time submit to the Supreme Court either pro- posed rules or proposed forms, or both, for promulgation. The Supreme Court shall not be bound by any rules, forms, suggestions, or recommen- dations submitted by said advisory board, but shall consider the same as advice and information only and may act thereon in its discretion. Any member of the bar of Florida, or any private citizen, may submit in writing either proposed rules or proposed forms, or both, to the Supremd Court, or may object in writing to any rule or form or part thereof, and in writing may xequest changes in any rule or form. The Supreme Court shall consider such proposals, objections, and requests, as advice and information only and may act thereon in its discretion. Section 4. Existing Statutes Deemed Rules of Court. All statutes of this state relating to pleading, practice, procedure, forms, or writs, existing at the time this act takes effect, shall thereafter be considered as rules of court and shall remain in effect as such until modified or suspended by rules promulgated by the Supreme Court of Florida pur- suant to this act. Section 5. Constitutionality. In the event any section of this act or

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