The Reform of Legal Procedure Author:Moorfield Storey Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Ill DELAYS DURING TRIAL THUS far I have dealt with the causes of delay before trial, and have suggested as remedies a higher standard of professional fidel... more »ity which shall eliminate groundless suits and improper defences, the imposition of substantial costs on client or counsel in proper cases, a keener professional conscience which shall overcome the temptation to procrastinate, and the removal of certain classes of litigation from the courts by legislation. Let us now proceed to consider those things which prolong the trial itself, or prevent a prompt and just judgment. These can be dealt with more briefly, and we will begin by assuming that the case is tried by jury or Court without first sending it to a master or auditor. Delay can be caused in such a trial only byneedlessly prolix examination or cross-examination of witnesses, by sparring between counsel, or, where the hearing is before a judge or judges, by delay in the decision. Where a jury tries the issue there may also be delay in selecting the jurors, but this will be dealt with when we come to consider the administration of criminal law, for in civil cases delay on this account is not common. The length to which the examination and cross- examination of witnesses shall be pressed, and the extent to which cumulative evidence shall be allowed, must be left to the determination of the presiding judge, who must also control the conduct of counsel during the trial. The first is a matter of discretion, the second, in at least one important respect, should be governed by strict rules. In many trials much time is wasted in altercations between counsel. One lawyer will make a statement of fact or a personal charge against his opponent or some joke at his expense. The other dares not remain silent lest he be thought t...« less