NCJ Number
74694
Journal
Southern California Law Review Volume: 53 Issue: 5 Dated: (July 1980) Pages: 1497-1525
Date Published
1980
Length
29 pages
Annotation
The Economical Litigation Project (EPL) is a California pilot project to reduce the cost of civil actions in moderate-sized cases by restricting pretrial motions and discovery activities and by relaxing evidentiary rules.
Abstract
ELP, in a reaction to the high cost of litigation activity, is being pilot tested in selected municipal and superior courts in California. In the pilot project jurisdictions, all municipal court civil cases involving damages under $25,000 are tried under ELP rules. Limitations on discovery rules under ELP include limiting use of depositions and eliminating interrogations. Pretrial conferences and agreement on as many issues as possible are explicitly encouraged under ELP rules. All evidence is admissible except that excluded by privilege and that which would consume undue time or cause prejudice or confusion. In municipal court cases, pretrial motions and trial pleas are restricted. Parties exchange lists of witnesses' names and addresses and examinations are limited to the witnesses listed. In superior court, depositions of plaintiffs and defendants, along with officers, agents, and employees of parties, are permitted. Requests to examine records, enter property, submit to medical examinations, and to subpoena documents, books, and records are also permitted. Since its inception, ELP rules have been subject to circumvention by those wishing to avoid trials under these rules as well as those wishing to be included under ELP regulations. Including cases under ELP on the basis of their complexity rather than on the dollar amount of the suit would help to eliminate this circumvention. Municipal court discovery rules should be made the same as those used in superior courts. Case notes are supplied.