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set for trial, but I do not think that is a
matter of great moment. I think the Court
of Appeals would be able —
THE CHAIRMAN: Your answer was to
be as intended, meaning at a date prior
to trial.
DELEGATE MACDONALD: That would
be up to the Court of Appeals to set out
the rule.
DELEGATE BAMBERGER: I would
like to ask Delegate Macdonald if he would
yield to a question.
THE CHAIRMAN: Delegate Macdonald?
DELEGATE MACDONALD: I yield.
DELEGATE BAMBERGER: Is is the
intent of this amendment that in an in-
stance where a litigant thought that a par-
ticular judge or a particular jury panel
would not give him an importial 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 13-A as a substitute for
Amendment 13. If the motion is carried,
Amendment 13-A is carried for Amend-
ment 13 and you will then vote on the sub-
stitute. 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 13-A to Committee Recommen-
dation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 13-A that is a vote in favor of
the substitution. This is not a final vote
on the amendment. A vote No is a vote
against the amendment, that is a vote
against the substitution.
Cast your vote.
Has every delegate voted? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
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There being 51 votes in the affirmative
and 63 in the negative, the motion is lost
The amendment to the amendment is
rejected.
The question now rises on Amendment
No. 13.
Delegate Moser, do you desire to offer
your amendment as a substitute?
DELEGATE MOSER: Mr. Chairman, I
suppose I better.
THE CHAIRMAN: Just advise the
Chair yes or no.
DELEGATE MOSER: Yes.
THE CHAIRMAN: Pages will please
distribute amendment X.
This will be Amendment 13-B as a sub-
stitute for Amendment 13.
The Clerk will read the amendment.
READING CLERK: Amendment No.
13-B to Committee Recommendation R&P-2
by Delegate Moser:
On page 3 strike out all of section 8,
Right of Removal of Civil Cases, compris-
ing lines 11 through 20, inclusive; and
insert in lieu thereof the following:
"Section 8. Right of Removal of Cases,
The Court of Appeals by rule or the
General Assembly by law shall provide for
the right of removal of cases in the trial
courts."
THE CHAIRMAN: The amendment to
the amendment submitted by Delegate
Moser, is there a second?
(The motion was duly seconded.)
THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Moser.
DELEGATE MOSER: Mr. Chairman, in
order to make this an appropriate substi-
tution, I should make an amendment to
this and ask for unanimous consent for
that purpose.
THE CHAIR: State the modification.
DELEGATE MOSER: I would like to
explain it. This was a substitute for both
sections 8 and 12 and would have applied
in both criminal and civil cases, but I do
not think it is appropriate at this time to
have it so apply and therefore in line 10
of the amendment, the last word, "courts",
I would strike and insert in lieu thereof
the words "of civil cases".
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