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not to leave it up to the legislature or the rule of court.
The only objection I have heard to it is that
some have abused it. Granting that some have abused it, a
lot of others have used it correctly in order to obtain
justice and we ought to protect the rights of all of our
litigants in civil cases.
I agree with Delegate Grant that I think it
was an inequity before and make it applicable and say that
this does apply in equity cases.
What do they complain of, that they go in at
the last minute after the witnesses are ready. I have had
it happen to me, but I have had to remove cases where I
felt I couldn't have a fair or impartial trial either by
a prejudiced jury or by the court himself.
Sometimes the judge sitting high and mighty
rapping the gavel can make a lot of prejudicial remarks.
in equity he has the full sway of it.
We can leave this in the Constitution and we
can take care of it. One little simple amendment would
cure all of their objections and if we took out the word
pending in 19 and added filed within a reasonable time