The Green Ba VOL. XVIII.
No. 5
BOSTON
MAY, 1905
THE LAW'S DELAYS CAN THEY BE OBVIATED? A Collection of Information and Opinions upon the Oldest and Most Persistent Complaint Against the Administration of Justice
A SUMMARY OF CONDITIONS IN THE UNITED STATES BY WILLIAM LAMBERT BARNARD IN order to form a just estimate of the these delay existed. Congestion was found applicability to our courts of methods in the vicinity of nearly all large cities and of procedure elsewhere successful, a sum seldom in the sparsely settled states. While mary of the condition of the dockets of the congestion always results in delay, the latter, trial courts of the country may be of as owing to antiquated systems of procedure sistance. To obtain this information letters and infrequent terms of court, may be were addressed to the secretaries of bar found in little congested districts — as in associations throughout the United States. New Jersey and Georgia. In giving an account of the present con Their aid was sought in ascertaining present conditions in the different states as to con ditions no attention has been paid to such gestion of business in the nisi prius courts, delays as are caused by dilatory pleas, the average length of time consumed in procrastinating counsel, or defendants re reaching trial, the causes of delay and any luctant to face the certain day of reckoning. suggested remedies. Similar questions were Where time consumed in obtaining a trial asked concerning the Appellate Courts. A is mentioned, reference is to the period few secretaries answered by stating the facts, between the joining of issue and the date others referred to prominent lawyers who of trial. The Probate and Equity Courts through could do so and others, unfortunately, did nothing. I have not had, therefore, as out the country are reasonably prompt. In the common law courts, in Florida, much data from which to compile this article as had been expected. Despite its Kentucky, Maine, Minnesota, New Hamp lessened scope it may be of some interest, shire, North Carolina, and the territory and, if so, all praise is due to the kindness of Arizona, there is little or no congestion of many busy, talented men and to the or delay. The average time consumed in pains which they took in furnishing infor reaching trial is, in Kentucky sixty days, mation. in North Carolina three months, and in the On examining the subject there soon others, cases are sometimes reached for developed a distinction between congestion trial at the term when issue is joined, and delay which it is well to note. The almost certainly at the first term thereafter. business of the courts in many states was In Colorado, Michigan, Montana, and found to be uncongested, yet in several of Nebraska there is no appreciable congestion
