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Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 6 posts ] 
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 Post subject: Civ Pro Policies
PostPosted: Mon Dec 21, 2009 3:52 pm 

Joined: Sat Mar 07, 2009 8:27 pm
Archived Posts: 165
Trying to compile list of brief policy reasons behind FRCP and other rules of civil procedure. So far I have:
avoid prejudice
expedite proceedings
avoid unnecessary cost/delay
convenience
end litigation (preclusion doct)
avoid forum shopping (erie)

Care to add to the list?


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 Post subject: Re: Civ Pro Policies
PostPosted: Mon Dec 21, 2009 3:57 pm 

Joined: Thu Aug 07, 2008 5:45 am
Archived Posts: 6654
Most of those just fall under "efficiency." It's just a question of fairness to various parties versus efficiency most of the time. There's also questions of information symmetry versus the adversary nature of the system (for example, in work-product privilege).


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 Post subject: Re: Civ Pro Policies
PostPosted: Mon Dec 21, 2009 4:02 pm 

Joined: Thu Aug 28, 2008 6:14 pm
Archived Posts: 134
Notice pleading (before Twombly/Iqbal) vs. strict Common Law pleading standards
Case management by judges vs. jury trial
Discovery: equal access to information vs. protecting privacy


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 Post subject: Re: Civ Pro Policies
PostPosted: Mon Dec 21, 2009 4:09 pm 
Drunken Sheriff

Joined: Mon Jun 16, 2008 10:43 pm
Archived Posts: 11405
trans-substantive nature/point of the rules


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 Post subject: Re: Civ Pro Policies
PostPosted: Mon Dec 21, 2009 7:07 pm 

Joined: Tue Dec 09, 2008 3:23 pm
Archived Posts: 679
Enrich lawyers.


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 Post subject: Re: Civ Pro Policies
PostPosted: Tue Dec 22, 2009 1:47 am 

Joined: Wed Jul 30, 2008 1:45 pm
Archived Posts: 392
Easy pleading
Easy joinder
Broad discovery

All because we hate trials -- a trial is a failure. Irony is that we spend all our time preparing for a trial, in the hope that the preparation information will enable us to settle/SJ/12b6


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