NCJ Number
121236
Date Published
1989
Length
208 pages
Annotation
Summary judgment procedures and other preclusive devices may offer an effective solution to the current case overload in U.S. courts as well as a means of reducing legal and court costs.
Abstract
Significant preclusive legal mechanisms are described in detail, supported by case law and decisions; the circumstances under which each device would be most successful are indicated. In-depth treatments of summary judgment and adjudication without trial are followed by an overview of accelerated judgments and a chapter on the declaratory judgment. Various preclusive techniques are explored, including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreement, res judicata and collateral estoppel, bifurcation, and the summary jury trial. The final chapter deals with court sanctions for nonpreclusion. A table of cases and an index are included.