“You can never have justice without formalizing and shaping the dispute,” says the lawyer.

“Quite true,” says the modern, “but there has been too much attention paid to the form of justice.  Pleadings are the mere mechanics like printing the program or laying the rail.”

However, this is all a question that does not come up in the court-room at a trial.  Once or twice some reference is made to the pleadings.  Perhaps there is some such dispute as this.  The defendant attempts to swear that he “paid for the goods then and there.”  The other lawyer jumps up and says, “I object, your Honor.  In his answer he does not plead payment.  He only pleads a general denial.”  The judge puts on his spectacles.  The lawyers gather, business stops while everyone looks at the pleadings.

Or again the plaintiff tries to show that when he was thrown from the wagon he bruised his right elbow.  The counsel objects there is nothing about injuries to his right elbow in the Bill of Particulars, therefore he can not prove it.  The Bill of Particulars says that he hurt his hand, scratched the forearm, and injured the right shoulder, but says nothing about the elbow.  Grave consultation by the learned lawyers and the judge ensues.  The defendant’s lawyer is right, there is nothing in the pleadings about the elbow.

The case can not go on until that important question is settled.  There is argument on both sides.  The client looks anxious.  The jury sit and wonder what that phrase of “the delay of the law” may mean.  Finally a bright idea occurs to the lawyer.

“I move to amend, your Honor, so as to include the elbow.”  The other side looks shocked and disgusted.  “What, move to amend in such a casual way as that.  The pleading is a serious thing.  It has been sworn to, you may not amend a sworn statement in that offhand way.”  The judge says that he will allow the amendment but if the other side is surprised he will grant an adjournment of the trial to another day.  The other side says, “Pardon me a moment until I consult with my client.”  The judge smiles.  The lawyer goes over to his client and the client says, “For goodness’ sake don’t adjourn.  I’ve broken up my business for a week to come here now; what’s all this fuss about pleadings; let’s get on with the case.”  The lawyer returns to the bar.  “We have decided to proceed.”

“Amendment allowed,” says the judge.  The witness now tells about hurting his elbow.

The preparation of a case goes on behind the scenes and before the drama begins.  The attempts to rehearse are piece-meal.  First one witness is seen, then another, their stories are told, their statements are taken, and they are drilled in their parts.  They are told as to what facts they must testify.  In one large company that has a quantity of damage suits, there is said to be a school for witnesses where there are dress rehearsals and they are taught how to behave in court.