|
|
10,252
|
|
1
|
speak in favor of the amendment?
|
|
2
|
DELEGATE MACDONALD: I do, Mr. Chairman.
|
|
3
|
THE CHAIRMAN: You may proceed.
|
|
4
|
DELEGATE MACDONALD: I must take issue with
|
|
5
|
our respected colleague, Delegate Henderson. The
|
|
6
|
abuses have been that these suggestions for removal have
|
|
7
|
been filed at the last minute, and that they have been
|
|
8
|
used for purposes of delay. Amendment 25 corrects that
|
|
9
|
situation completely.
|
|
10
|
Now this gives a right to removal, provided
|
|
11
|
the party wanting the removal files his request in time.
|
|
12
|
The Court of Appeals can provide how much time that must
|
|
13
|
be before trial.
|
|
14
|
The question really is, are you going to leave
|
|
15
|
the question of removal up to the litigant, up to the
|
|
16
|
parties involved or are you going to leave it up to the
|
|
17
|
court, and I suggest that this right should be in the
|
|
18
|
party. After all, it is his bowl of soup and he should
|
|
19
|
have the right to determine whether he wants to be tried
|
|
20
|
in this county or another county.
|
|
21
|
THE CHAIRMAN: Delegate James.
|