Wednesday, June 21, 2006

Justice

Thanks to Andy for this one. Is this what justice is all about? It's about time people started using a little common sense.


National Post

Wednesday June 14, 2006

EXASPERATED JUDGE USES NOVEL COURT TACTIC

Many civilians think judging is an exercise in complex thinking. Well, maybe not all judging. Not the judging we did a couple of weeks ago at “Baystock,” for example. But many civilians think professional judging is an exercise in complex thinking.

You’d think.

You might be surprised by a decision by a federal court judge in Orlando.

Judge Gregory A. Presnell was hearing a case where the two sets of counsel were, well, to call them babies might do babies a disservice. They were running back to court over everything, including whose office would be used to conduct a deposition. It was one small spit storm (OK, not exactly spit) too many.

The judge became exasperated and out of his exasperation was born a new form of alternative dispute resolution.

He issued an order instructing counsel for both sides to convene at a neutral site agreeable to both on Friday, June 30 (the steps of the courthouse, if they can’t agree on anywhere air conditioned without involving him). His order says they may be accompanied by one paralegal to act “as an attendant and witness.”

“At that time and location,” he wrote, “counsel shall engage in one (1) game of ‘rock, paper, scissors.’ The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006.

“If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 a.m. on Friday, July 7, 2006, before the undersigned.”

We know Canadian courts often look to courts with interest on evolving legal theories. Being Canadian, of course, given the same set of circumstances, our courts would almost certainly opt for the eenie meenie minie moe statute.

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