REPORT

OF THE

JOINT LEGISLATIVE COMMITTEE ON THE SIMPLIFICATION OF CIVIL PRACTICE

To the Legislature:

Since the presentation to the Legislature of 1918 of the report of the Joint Legislative Committee on the Simplification of Civil Practice in the Courts of the State, the Committee has been engaged in completing its proposed plan of revision of the practice. There were introduced in the Senate on March 31, 1919, twenty-seven bills, prepared by the Committee, amending the statute law. These bills relate to the practice in civil actions and proceedings and embrace an entire revision of the present Code of Civil Procedure. The main bill proposes a new prac tice act, to be known as the Civil Practice Act, which repeals the Code of Civil Procedure. In the Civil Practice Act, consisting of 1,560 sections, will be found the statutory provisions regulating civil practice in the County Courts, the Supreme Court, the Appellate Divisions of the Supreme Court, and the Court of Appeals. The Joint Committee has recommended many important changes in the practice in the courts and has re-arranged and revised the existing practice provisions which are to be retained in statute form. Provisions which are to be embodied in the form of court rules were not included in the bills so introduced.

The practice provisions relating to Surrogates' Courts have been included in a separate statute, to be known as the Surrogate Court Act, and in a similar manner the Committee has presented a Justice Court Act, a Court of Claims Act, a New York City Court Act, and a new chapter of the Consolidated Laws to be known as the Condemnation Law. Bills amending eighteen consolidated laws were presented to cover provisions transferred from the present code to various consolidated laws.

Bills also were proposed to amend the Criminal Code, the Rochester Charter and the Utica City Court Act, to cover provisions transferred from the code. All of the bills proposed by the Committee are submitted herewith as a part of this report. The Joint Committee here reporting was appointed pursuant to joint resolution of the Legislature adopted April 22, 1915, and continued by resolutions adopted at subsequent sessions. The resolution creating the Committee directed it "to investigate and inquire into the report of the Board of Statutory Consolidation on the simplification of the civil practice in the courts of the State and to investigate and inquire into all matters pertaining thereto."

The powers of the Joint Committee of the Legislature were not confined to an investigation of the report of the Board of Statutory Consolidation, but extended to an inquiry into all matters pertaining to the simplification of the civil practice. The report of the Board of Statutory Consolidation, to which reference was made in the original resolution creating the Committee, was presented to the Legislature on April 21, 1915. Such report embraced a comprehensive classification and revision of civil practice provisions and involved radical changes in the system of practice in the courts.

The Committee reported to the Legislature of 1917 the result of its examination and investigation of the report of the Board of Statutory Consolidation. It was unable to approve of many features of the report, although it recognized the great value of the work of the Board as a basis for any plan of simplified practice that might ultimately be adopted in this State. The Committee had no authority to prepare and submit a plan for simplification of the practice. The Legislature of 1917, however, in continuing the Committee, directed it "to prepare and submit to the Legislature a proposed plan for simplification of the civil practice in the courts of the State, accompanied with legislative bills to revise, amend or repeal statutes to carry out such plan, with such recommendations as it may deem proper relating to changes in the rules of courts." The report here submitted is in accordance with the instructions given to the Joint Committee by the Legislature in 1917.

The investigation of the Committee has involved a study of the history and development of procedure, as well as an examination of systems of practice in other jurisdictions, especially those of England, New Jersey and in the Federal Courts.

Procedure for the enforcement of rights has of necessity existed since the recognition of rights and the establishment by organized society of tribunals and courts for their enforcement. The report of the Commission of Code Revision made to the Legislature of 1896 (Assembly Document No. 42), contains an interesting sketch of the development of procedure from the earliest times and a synopsis of the systems of practice then in force in other states and countries. The Commission stated that its object was "to place before the public, information perhaps not otherwise easily accessible, showing the striking similarity in all ages in the main features of procedure and that the general principles of our practice are firmly established as a part of our institutions." The common law procedure of England, as the same had been modified by the Legislature of the colony of New York, became the procedure in this State under the Constitution of 1777, subject to such alterations and additions as the Legislature might from time to time enact with reference thereto. The Legislature very early commenced to enact alterations and additions.

Early Statutes on Practice

From the organization of the State in 1777 to the year 1800, inclusive, there were 78 general statutes relating to practice; in 1801 there were 37 of the same character. The Legislature of 1801 passed chapter 90, "for the amendment of the law and the better administration of justice." This act constituted a revision of many prior laws on the subject of practice. The same Legislature revised the laws concerning costs and fees. From 1801 to 1812, inclusive, there were 33 general practice acts. In 1813 there was a general revision of the law and the subject of practice was embraced in 26 statutes. This was a revision of special subjects but not a general codification. From 1814 to 1827, inclusive, there were 47 general practice acts.