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DELEGATE CHILD t Mr. Chairman, I rise to speak
against the amendment for the simple reason that Delegate
Willoner's amendment is really re-writing the section which
is now Section 8, so that we have been asked to temove a
section, which is Section 8, without really getting the
combined and last judgment of the Committee on it.
I think that the Committee ought to look at
Section 8 which is Delegate Willoner's amendment which is
a substitute for Section 8 before they vote Section 8 down.
Now, I will agree that we recognize that this
rule has been abused in the Wi iloner amendment and we give
the Court of Appeals the right to limit that rule and we had
in mind that the Court of Appeals if a party wanted to
move a civil case should give notice so many days before
the case is set for trial so that there would be no surprise
on the other side and no injustice done, but I don't think
that we should eliminate Section 8 until we see what
Wi iloner and the other Members of the Committee have agreed
upon as a substitute for Section 8.
For that reason, I oppose the Scanlan amendment.
DELEGATE CLARK; Delegate James.