HOW WOULD YOU OVERHAUL MRCP 81?
Everyone who has had some experience with MRCP 81 has an opinion about it.
Most chancery lawyers and judges have come to grips with it over the years and have found ways to make it work. Some, however, have grown to hate it. Changing or eliminating the rule is a topic touched on and even seriously discussed at judges’ meetings.
If you could change Rule 81, would you? And, if so, how would you change it?
Every time I ask an opponent of the rule to catalog the objections and outline how it should be changed, I get fulmination, not recommendation. What I want to know is:
- what do you perceive to be the problems with the rule?
- what about it has caused you problems?
- if it is not working in a particular district, why do you think that is?
- if we were to eliminate the rule, how should we deal with short-notice matters like temporary hearings and the like?
- does chancery court need its own, unique procedural rules?
There are other questions, I am sure, but those are a start.
I invite any lawyers or judges to comment on this, or, if you prefer, email me at email@example.com.
This is not an idle exercise. I am on the Supreme Court Advisory Committee on Rules, and I am hearing rumblings that this is a matter that will come up for discussion soon. I would appreciate as much input as I can get. Many of you tell me you read but don’t comment. This is a time for you to have your say.