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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9920   View pdf image (33K)
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DELEGATE WILLONER; In the debate on the Scanlan
amendment, if you notice, the entire debate went to the
question or almost the entire debate went toward the quest-
ion of the abuse of this right and that there are times in
these civil cases when the people bring the affidavit down
on the day of trial and it is of great expense to the
litigant and the Court.
We have obviated that problem by including in
Amendment No. 13 the language that the Court of Appeals
by rule shall provide for reasonable regulation of this
provision.
Mr. Chairman, I would like to have unanimous
consent. Judge Henderson raised the valid point this does
not reflect the concurrent power theory of the Judiciary
article and I would like to have unanimous consent by
the General Assembly.
THE CHAIRMAN; I don't think you mean that
because gramatically it would then say the Court of
Appeals by act of the General Assembly.
DELEGATE WILLONER: The Court of Appeals by
rule or the General Assembly by law.



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9920   View pdf image (33K)
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