Unless both sides are anxious to be reached it is practically certain
a case will be adjourned two or three times. A sworn affidavit is
presented with the doctor's certificate that the client or witness is
sick, or the sworn statement that a witness can not be found, or that
the lawyer is engaged in the trial of another case. The excuse may be
valid and the reasons may be sound, but the adjournment of the day for
trial occurs again and again. This is one of the causes for the
complaint as to the law's delay. Naturally calendars have to be made
and called. Cases have to be tried and others have to be reached in
order, but at least there should be sufficient and intelligent
planning of the order.
It seems rather a weak answer to say that no one can tell how much
time will be occupied in the trial of a case. If any systematic or
scientific method of regulating the calendar were devised, one of the
evils would be avoided.
The very call of the calendar in some courts occupies to an
unreasonable extent the time of the judge who might as readily be
engaged in the real work of the court. The aggregate value of the time
of the judge, the lawyers, the witnesses, and the jurymen who have all
been sitting about waiting, for the call of the calendar is, for one
hour's delay a large sum.
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