Should the plaintiff have written a letter that he
was going to sue for something, to the jury that seems better than any
pleading.
These motions are insignificant and examples of a formalism which,
however valuable it may be as defining the methods of the legal
battle, are not consistent with the modern spirit of investigation
into facts. It is rather significant that the laws creating Public
Service Commissions and Legislative Investigation Committees in some
States go to the length of stating that there shall not be any rules
of evidence such as are employed in the courts of law.
The other motions, such as to direct a verdict, which is usually the
same as a motion to dismiss, and the motions after a verdict has been
rendered, are also formal statements of a request for the disposition
of the case.
They may be all very good and useful in their way, but are merely the
incidents and measures by which the truth of the matter is reached.
The client looks puzzled at the argument and the decision, the jurors
have a not very clear conception of what is going on, the lawyers have
a meretricious feeling that perhaps they are cheapening themselves a
little by making so many motions, yet they, nevertheless, have a legal
right to do so and they must take advantage of every legal right for
the protection of their clients.
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