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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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Citation
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Parent Document
Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction
Montana (state)
Effective Date
2012-12-17

Other Sections in This Document (2523)

Full Text

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¶81           Procedure should be the “handmaid of justice,” a means to
              an end. Instead . . . procedure tends to become rigid,
              stereotyped, and over-technical, an end in itself, often
              seemingly oblivious to the practical needs of those to whose
              ills it is designed to minister. Litigants thus often become
              pawns in a game, the social cost of which is excessive and the
              result of which is frequently unnecessarily cumbersome and
              socially undesirable. Substantive rights often become the
              incidents of procedural fencing. 4 A. Legal Principles