INTRODUCTION
The following rules have been designed and promulgated to give full
force and effect to Laws of 1973, 1st Ex. Sess., ch. 142. Any future
amendments which may be enacted will be dealt with in rules as the need may
arise.
Section 62 of the act directs the Supreme Court to adopt rules with
respect to court procedures and proceedings. Adoption of these rules is not
to be construed as approval of what could be a breach of the separation of
powers of government. While the Legislature may recommend rulemaking as to
particular matters, it may not mandate rulemaking which is an inherent
power of the judicial branch.
Although the courts generally do not pass upon the wisdom or the
workability of statutes, they are concerned with their constitutionality.
The adoption of these rules, which are merely designed to give effect to
the statute as it is written, does not in any manner indicate an opinion of
the court that the statute is or is not constitutional in any respect. In
promulgating them, the court does not in any manner obviate further
consideration of any portion of the statute or these rules in a proper
case.
Because of the complicated nature of the statute necessitating these
rules and the need that they be effective January 1, 1974, the court has
promulgated them without submitting them for comment, and now invites
comment from the bench and bar.
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