Tuesday, June 4, 2013

Revision Rules of Civil Procedure

Under the existing rules, parties to a case need only to allege the ultimate facts that constitute their basic positions in the case. The old practice is that the parties make full disclosure of the facts in their possesion only at the trial. This has changed when the Judicial Afidavit Rule began to require the parties to submit the testimonies of their witnesses in the form of affidavits long before trial. Consistent with this change, the proposed new rules would direct the parties to allege in their basic pleadings both the ultimate and the evidentiary facts on which their cases stand. This would facilitate a clear understanding of the case and the issues between the parties from the very beginning and help direct its course.

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