NCJ Number
103288
Journal
Litigation Volume: 13 Issue: 1 Dated: (Fall 1986) Pages: 52-54
Date Published
1986
Length
3 pages
Annotation
This article explains the benefits and procedures of summary jury trials and notes the kinds of cases in which summary trials are likely to be effective.
Abstract
A summary jury trial is an abbreviated presentation to an advisory jury to show the parties, the lawyers, and the judge how jurors react to the dispute. The summary trial is nonbinding unless all parties agree otherwise. Summary jury trials foster settlements by immersing the parties in the trial experience and exposing them to a neutral third party's reaction to the dispute. In encouraging settlements, summary trials help conserve litigants' costs and court time. They have been used in cases ranging from simple negligence and contract actions to complex mass-tort and antitrust cases. The dynamics of the controversy more than the causes of action determine a summary trial. It is most appropriate for hardcore cases that defy settlement and appear destined for trial. It is an inexpensive way to show recalcitrant clients that a full jury trial may not serve their interests. The summary jury trial consists of pretrial conferencing, jury selection, formal presentations, and posttrial discussion and conferencing. This article details procedures in each of these phases.