NCJ Number
93139
Date Published
1981
Length
15 pages
Annotation
Problems with discovery and other pretrial procedures have necessitated solutions which place judges in the roles of mediators and case managers as well as umpires.
Abstract
While resistance to discovery was a major problem in the past, today discovery has been pushed to the point of excessive costs, harassment, and forced settlements. A number of procedures have been developed for resolving over discovery problems. To deal with the excessive use of interrogatories, some State and Federal courts limit the number of questions that can be asked, requiring the court's permission for additional questions. Extensive discovery of documents is avoided through an open file approach in which attorneys informally exchange documents. Because depositions are usually the most expensive discovery device, early case conferences to review the less expensive methods of interviews or investigations are important. Diverting selected cases to a nonjudicial forum or eliminating discovery in certain cases can also bring the pretrial workload under control. Adequate case management requires the cooperation of the bar with the court and the commitment of individual lawyers to proper professional standards. The use of the court and the judiciary for case management and mediation may be one way the court can meet its responsibility of assuring just, expeditious, and inexpensive resolutions of disputes. The Federal court system's 'Manual for Complex Litigation' is an invaluable reference for State judges using either individual or master calendar systems. Footnotes and a bibliography listing 29 references are provided.