4 ms·
(Not a lawyer) From my point of view, there has been lots of individually useful rules that have been added to the court system, that when taken in aggregate h
by cschneid 17y ago
(Not a lawyer)
From my point of view, there has been lots of individually useful rules that have been added to the court system, that when taken in aggregate have negative effects. There are lots of pre-trial motions that have specific uses, designed to stop a problem, or plug a loophole in the law. The problem comes when you have multiple dozens of them. Or even just a few big ones.
For instance, discovery. The idea is that fairness is not helped by surprise evidence. So, the solution is that both sides get access to the other side's evidence. But how do you do that? You have lawyer time, calendar time, etc to collect and go through it all.
That's just one (although one of the larger ones). Add in requests for everything else, and you can see how much lawyer time is "wasted".