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court, to adopt these rules and it would not do it, as
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I recall it, without legislative action. Personally, I
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have always felt it is a judicial function, and shouldn't
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be a matter of legislative concern at nil.
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JUDGE PROCTOR: The difficulty is some of
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these new uniform laws ore procedural proceedings. We
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ran into that in the arbitration.
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THE CHAIRMAN: That was one reason, and of
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course, now it can be a ping-pong. The Court of Appeals
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can pass the rule and the Legislature changes it.
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JUDGE CLAPP: That should be avoided.
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THE CHAIRMAN: I don't think there has been
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any real difficulty with that up until now, as far as I
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know .
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JUDGE BRUN'E: You are entirely correct, sir.
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There never, has been. I think that is largely because the
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Rules Committee has consistently taken the position that
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it wanted to avoid conflict, and the Court of Appeals has
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gone along with that same view.
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JUDGE PROCTOR: We also are policing it now.
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MR. INVERNIZZI: Our disciplinary proceeding
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