NCJ Number
85111
Journal
Wayne Law Review Volume: 26 Dated: (November 1979) Pages: 47-57
Date Published
1979
Length
11 pages
Annotation
This article identifies factors contributing to delays in civil proceedings, notably discovery and class actions, and discusses approaches that have been and may be taken to expedite proceedings.
Abstract
Discovery in the Federal court systems consists primarily of interrogatories to parties and oral depositions of both parties and witnesses, always conducted with both sides participating. Of lesser but still substantial importance are written depositions, production of documents, and physical examination of parties. Both bench and bar agree that discovery has been overused, with gross abuses tending to occur in major civil rights and major antitrust actions. While the Federal rules provide for protective orders and for sanctions for abuse of discovery, these sanctions are rarely applied or imposed. There will be continuing pressure to eliminate the abuses inherent in the open-ended discovery system and to have the judiciary and the parties cooperate to narrow the scope of discovery. Class actions, instituted to eliminate the need for separate trials by permitting separate claims to be combined, have clogged courts by encouraging suits that would otherwise not have been brought. Proposals for reform in class actions have included one spearheaded by the U.S. Justice Department which would permit the aggregation of small claims in Federal courts but under substantial restrictions. Overall, court congestion can be relieved by the further development of alternative means of dispute settlement, the training of court personnel to perform expeditiously without sacrificing quality of justice, and by streamlining procedures.