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THE CHAIRMAN: Delegate Macdonald?
DELEGATE MACDONALD: I yield.
DELEGATE BAMBERGER: Is it the intent of this
amendment that in an instance where a litigant thought
that a particular judge or a particular jury panel would
not give him an impartial trial that the case could not
be transferred to another court in that county, but it
must in every instance be removed to another county?
DELEGATE MACDONALD: It would depend on when he
filed his motion for removal. If a party filed his motion
for removal more than thirty days prior to the time his
case was set for trial, he would have an unqualified right
but within the last thirty days before the time set by
trial he could get it only as it is permitted by the Court.
THE CHAIRMAN: Are you ready for the question?
The question arises on the Amendment 13A as a substitute
for Amendment 13. If the motion is carried. Amendment 13A
is carried for Amendment 13 and you will then vote on the
substitute. If the motion is lost, the question will be
before you on Amendment 13 open to further amendment.
The question arises on the adoption of Amendment |