Judges resolve far more civil cases through motions than trials do
Evidence
The best estimate comes from Herbert Kritzer’s intensive study of a sample of more than 1,600 cases in state and federal courts. Kritzer found that 12 percent of the cases were dismissed for technical reasons or dismissed for cause (e.g., failure to state a claim). In another 15 percent, the judge issued a summary judgment, entered a default judgment for the plaintiff, or otherwise decided the case. Thus, although only 7 percent of the sample went to trial, judges contributed to the resolution of an additional 27 percent of civil cases. — G. Alan Tarr, Judicial Process and Judicial…, 1089
Categorization
- XREF: Reinforces core course theme that judges make policy/case outcomes largely outside trial — connects to Article III and judges-as-decisionmakers material. — connects to: Most civil cases are settled rather than adjudicated through trial — G. Alan Tarr, Judicial Process and Judicial…, 1045; Pretrial proceedings, not trials, determine most civil case outcomes — G. Alan Tarr, Judicial Process and Judicial…, 2200; Most civil cases are decided during the pretrial phase, not at trial (+3 more)
- QUESTION: Kritzer’s study is from the early 1990s; worth checking current dismissal/summary-judgment rates to see if the pattern has shifted.
Broader Connections
- Most civil cases are decided during the pretrial phase, not at trial
#corroborates(0.96) - Pretrial proceedings, not trials, determine most civil case outcomes
#expands(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 2200 - A lifetime of legal craft can feel squandered on procedural motions
#exemplifies(0.78) — , Harr Jonathan - A Civil Action, 1507 - Civil cases are typically settled in the shadow of potential trial
#qualifies(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2161