[DOWNLOAD] "Kennedy v. District Court" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Kennedy v. District Court
- Author : Supreme Court of Montana
- Release Date : January 16, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
1. Trial ? Pre-trial calendar. The district court rule that no civil action shall be set for trial by jury until a pre-trial conference is had sufficiently established a pre-trial calendar since the use of the word "calendar," which merely means a case is to be tried, was unnecessary. 2. Trial ? Bill of particulars did not dispense with pre-trial conference. The plaintiff in action for wrongful death had in response to defendants motion therefor furnished the defendant with a bill of - Page 321 particulars of certain matters was no reason for dispensing with pre-trial conference required by rule of court. 3. Jury ? Pre-trial conference not violative of constitutional right. The constitutional guaranty of right to trial by jury is the right as it existed at the time of the adoption of the Constitution and such right must be secured by compliance with laws reasonably calculated to enforce the guaranty in accordance with the recognized principles of jurisprudence. The statute authorizing the court to require pre-trial conference does not violate the constitutional guaranty of trial by jury. 4. Courts ? Power to establish pre-trial calendar. The district court has the power to establish by rule a pre-trial calendar and to confine such calendar to jury actions or to non-jury actions or to extend it to all actions, and to make the rule effective the court may provide that no jury cases shall be set for trial until pre-trial conference thereupon is had. 5. Mandamus ? When writ of mandate lies. A writ of mandate lies only when the person seeking it is entitled to have the defendant perform a clear duty and then only when there is no speedy or adequate remedy in ordinary course of law. 6. Courts ? Rule of district court upheld. The district court rule providing that no civil action shall be set for trial by jury until a pre-trial conference is had is valid.