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Article IV - Judiciary Department
8.
(A) The parties to any cause may submit the [same]
CAUSE to the court for determination without the aid of a
jury[, and in all suits or actions at law, issues from the
Orphans' Court, or from any court sitting in equity, and
in].
(B) IN all cases of presentments or indictments for
offenses[, which are or may be] THAT ARE punishable by
death, [pending in any of the courts of law in this State,
having jurisdiction thereof, upon] ON suggestion in writing
under oath of either of the parties to [said] THE
proceedings[,] that [such] THE party cannot have a fair and
impartial trial in the court in which the [same] PROCEEDINGS
may be pending, the [said] court shall order and direct the
record of proceedings in [such suit or action, issue,] THE
presentment or indictment[,] to be transmitted to some other
court having jurisdiction in such case for trial[; but in].
(C) IN all other cases of presentment or indictment,
AND IN ALL SUITS OR ACTIONS AT LAW OR ISSUES FROM THE
ORPHANS' COURT pending in any of the courts of law in this
State [,having] WHICH HAVE jurisdiction [thereof] OVER THE
CAUSE OR CASE, in addition to the suggestion in writing of
either of the parties to [such presentment or indictment,]
THE CAUSE OR CASE that [such] THE party cannot have a fair
and impartial trial in the court in which the [same] CAUSE
OR CASE may be pending, it shall be necessary for the party
making [such] THE suggestion to make it satisfactorily
appear to the court that [such] THE suggestion is true, or
that there is reasonable ground for the same; and thereupon
the [said] court shall order and direct the record of THE
proceedings in [such presentment or indictment] THE CAUSE OR
CASE to be transmitted to some other court, having
jurisdiction [is] IN [such cases] THE CAUSE OR CASE/ for
trial [;and such]. THE right of removal ALSO shall exist
[upon] ON suggestion in [cases when] A CAUSE OR CASE IN
WHICH all the judges of [said] THE court may be disqualified
under the provisions of this Constitution to sit [in any
such case; and said]. THE court to which the record of
proceedings in such suit or action, issue, presentment or
indictment [may be so] IS transmitted, shall hear and
determine [the same] THAT CAUSE OR CASE in THE [like] SAME
manner as if [such suit or action, issue, presentment or
indictment] IT had been originally instituted [therein; and
the] IN THAT COURT. THE General Assembly shall [make such
modification of] MODIFY THE existing law as may be necessary
to regulate and give force to this provision.
SECTION 2. AND BE IT FURTHER ENACTED, That the General
Assembly finds that this Act concerns the Judiciary System
in this State and is a matter of general State interest.
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