NCJ Number
96542
Journal
American Bar Foundation Research Journal Volume: 1982 Issue: 2 Dated: (Spring 1982) Pages: 375-418
Date Published
1982
Length
44 pages
Annotation
This article reports on the experience of Special Masters appointed to regulate pretrial phases of a large civil antitrust suit, United States v. American Telephone and Telegraph Co. (AT&T), an action by the Government to restructure AT&T.
Abstract
The paper examines problems encountered by the Special Masters when they were brought into the process in 1978. It then describes techniques used to expedite discovery, determine claims of privilege in production of documents, establish stipulation of undisputed facts, and control and resolve disputes arising in discovery. The authors contend that courts must be able to act quickly on every issue threatening case delay by altering formal procedures for bringing matters to the court for resolution, expanding the flow of information between the litigants and the court through informal lines of communication, and tailoring procedures to accommodate the needs of each case. Three important mechanisms evolved in United States v. AT&T: a guidelines procedure for handling claims of privilege, a supervised negotiation procedure for reach stipulations, and informal case management techniques. 72 footnotes.