When having a dispute over a matter of procedure, it is occasionally helpful to quote an authority on the importance of procedure. That is, procedure is more than a mere technicality. Iowa Supreme Court Justice G. King Thompson gave us a good one in 1961:
The so-called technicalities of the law are not always what they seem. When they establish an orderly process of procedure, they serve a definite purpose and are more than technical; they have substance, in that they lay down definite rules which are essential in court proceedings so that those involved may know what may and may not be done, and confusion, even chaos, may be avoided. They are necessary; without them litigants would be adrift without rudder or compass. We have, and should have, no compunction in following them when they are clear and definite.Esterdahl v. Wilson, 110 N.W.2d 241, 246 (1961)
Recent Comments