Yale University law professor John Langbein recently published an article in which he proclaimed that civil trials in the United States have "disappeared," a change that he attributed to reforms made decades ago to the Federal Rules of Civil Procedure. The reforms were designed to make trials run more smoothly by encouraging parties to do more work beforehand. But according to Langbein, the reforms worked so well that most litigation activity now happens in the pretrial process. The parties have already turned over so much evidence, and the judges have already made so many rulings, that everyone has a good idea of how the trial itself will turn out. The result is that parties are far more likely to settle today. (You can find Langbein's article in the December 2012 issue of the Yale Law Journal, and read an interview with him on our Am Law Litigation Daily website, litigationdaily.com.)
This article has been archived, and is no longer available on this website.
Not a LexisNexis® Subscriber?
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via lexis.com® and Nexis®. This includes content from The National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at firstname.lastname@example.org