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RULES OF CIVIL PROCEDURE FOR THE
DISTRICT COURTS OF THE UNITED STATES

Linited States. Congress.

I on the Jvidic jery.

HEARINGS

BEFORE THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

SEVENTY-FIFTH CONGRESS

THIRD SESSION

WITH REGARD TO

THE "RULES OF CIVIL PROCEDURE FOR THE DISTRICT COURTS
OF THE UNITED STATES," ADOPTED BY THE SUPREME
COURT OF THE UNITED STATES PURSUANT TO
THE ACT OF JUNE 19, 1934 (48 Stat. 1064)

AND ON

H. R. 8892

A BILL TO CHANGE AND MODIFY THE RULES OF PROCEDURE FOR
THE DISTRICT COURTS OF THE UNITED STATES, ADOPTED BY
THE SUPREME COURT OF THE UNITED STATES, PURSUANT
TO THE ACT OF JUNE 19, 1934, CHAPTER 651, BY AMENDING
SECTIONS 412 AND 724 OF TITLE 28 OF THE CODE OF LAWS
OF THE UNITED STATES OF AMERICA AND BY ADDING
THERETO SECTIONS 430B, 430C, AND 430D, PER-
TAINING TO PLEADING AND PRACTICE IN THE
DISTRICT COURTS OF THE UNITED STATES,
WHO MAY SUE AND BE SUED, THE SELEC-
TION OF JURORS, THE APPOINTMENT OF
COURT STENOGRAPHERS, AND FOR

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1932

CONTENTS

MARCH 1, 1938

Statements by-

Hon. Homer Cummings, Attorney General of the United States.

Dean Charles E. Clark, Yale University Law School, reporter, Advi-

sory Committee on Rules for Civil Procedure appointed by the

Supreme Court...

Hon. William D. Mitchell, chairman of the Advisory Committee on

Rules for Civil Procedure appointed by the Supreme Court_____

MARCH 2, 1938

Hon. George M. Morris, chairman of the house of delegates of the

American Bar Association............

Joseph A. Padway, Esq., chief counsel, American Federation of Labor.

Merle D. Vincent, Esq., counsel for the International Ladies' Garment

Workers Union...

Letter from Lee Pressman, Esq., general counsel, Committee for Industrial
Organization___

Statements by-

Hon. Arthur T. Vanderbilt, president of the American Bar Association.

Dean H. W. Arant, Ohio State University Law School, president, Asso-

ciation of American Law Schools...

Robert F. Cogswell, Esq., representing the District of Columbia Bar

Association___

Edgar B. Tolman, Esq., secretary of the Advisory Committee on Rules

for Civil Procedure appointed by the Supreme Court..

Hon. Robert Ramsay, a Representative in Congress from the State of

West Virginia..

Text of H. R. 8892.

Statements by-

Mr. Edgar B. Tolman (continued)....

MARCH 3, 1938

Mr. Hall Etter, president of the National Shorthand Reporters Asso-

ciation_

109

MARCH 4, 1938

Statement by Mr. Edgar B. Tolman (continued).

Correspondence and memorandum re rule 73.-

Statement by Mr. Edgar B. Tolman (continued) – .

113

127

129

Report of Committee on Federal Court Rules of the Chicago Bar Associa-

tion on H. R. 8892___

144

Statements by-

Challon B. Ellis, Esq-.

146

Hon. Harry Sauthoff, a Representative in Congress from the State of

Wisconsin..

151

Report of the committee on Federal legislation of the Association of the Bar

of the City of New York..

153

Letter from Walter P. Armstrong, Esq., Memphis, Tenn.

Statement of the Association of Life Insurance Presidents.

156

157

Letter from Hon. William D. Mitchell addressed to Hon. Edgar B. Tolman_

Letter from Hon. Samuel W. King, Delegate from Hawaii, to Chairman

Sumners___.

162

166

Letter from Hon. Edgar B. Tolman to Hon. S. C. Huber, United States

District Judge, Territory of Hawaii.......