N.J. Constitutional Convention: Vol. 4, Page 710


Judge Lupe's reply:

other judges are assigned to chancery calendars. Equity suits filed are assigned to a chancellor, law jury cases are assigned to a law jury calendar, and law nonjury cases are assigned to the common law nonjury calendar.

No. 8 - Judges in the Circuit and Superior Courts of Cook County shift from one type of work to another. We do not specialize in any particular type of work.

No. 9 - Yes.

No. 10 - In country counties the judge makes up a call of his jury cases and the lawyers are notified when he will make his call. This is done with nonjury and equity cases as well. In the case of jury cases a date is set for trial. Juries are called for the dates set for trial and are then available for the trial of the case. At the time of the trial parties involved may waive trial by jury even though a jury has been demanded. The court then hears the matter without jury.

In conclusion may I say that our present Practice Act has done much to simplify pleadings as well as the trial of issues by pre-trial conferences, summary judgment, or declaratory judgment. I could never subscribe to the old common law pleadings. It was most repetitious in regard to various counts of a pleading and the technicalities often deprived a person of a good law suit. Under the present Practice Act all a person has to do is to tell the other person what he is suing him for and if he makes a mistake in the manner of stating his case he can always re-state it and file a better complaint, either before or after the time of trial, permitting the plaintiff to amend his complaint to conform with the proof and thereby receive what he is justly entitled to.

There are many advantages under the Practice Act which simplify procedure and save time for the practicing attorney, which should always be considered in the trial of a case.

I hope and trust these answers to your questions are what you want.

With kind personal regards I beg to remain,

Sincerely yours,John J. Lupe

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