PRETRIAL PRACTICE IN STATE CONDEMNATION CASES FOR HIGHWAY PURPOSES

PRETRIAL PROCEDURE AS DISCUSSED HERE DENOTES A STRICTLY JUDICIAL PROCEEDING HELD BEFORE A JUDGE AFTER THE INITIAL PLEADINGS IN A CONDEMNATION ACTION HAVE BEEN SERVED. ITS PURPOSE IS TO SETTLE ON OR STIPULATE TO ALL POSSIBLE AREAS OF AGREEMENT IN ADVANCE SO AS TO STREAMLINE THE CONDUCT OF THE TRIAL. THIS PAPER TRACES THE DEVELOPMENT OF THE USE OF THE PRETRIAL PROCEDURE, FIRST IN ORDINARY CIVIL ACTIONS AND LATER IN CONNECTION WITH CONDEMNATION ACTIONS. ARGUMENTS FOR AND AGAINST THE USE OF THE PRETRIAL PROCEDURE IN CONDEMNATION ACTIONS ARE ADVANCED, THE FORMER INCLUDING INCREASED EFFICIENCY OF THE COURTS, REDUCTION OF EXPENSE AND DELAY, ACCELERATION OF TRIALS, ELIMINATION OF UNNECESSARY ATTENDANCE OR LONG WAITS OF WITNESSES, MORE EFFECTIVE PLEADINGS, THE PROMOTION OF SETTLEMENTS, AND MANY OTHERS. CRITICISM OF THE PRACTICE CENTERS MAINLY AROUND THE CONTENTION THAT THERE IS LITTLE MERIT IN ITS USE WHERE THE ONLY ISSUES ARE THE AMOUNT OF LAND TAKEN AND ITS VALUE. OTHERS FEEL THAT SINCE THE PRACTICE RESULTS IN FEW SETTLEMENTS, IT IS A WASTE OF TIME, ENERGY AND MONEY. FINALLY, CERTAIN GENERAL PRINCIPLES FOR EFFECTIVE USE OF PRETRIAL PRACTICE ARE DISCUSSED, INCLUDING THE DESIRABILITY OF MAKING THE PROCEDURE MANDATORY, AND THE NEED FOR INFORMALITY AND FOR ADEQUATE DISCOVERY TECHNIQUES. /AUTHOR/

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  • Accession Number: 00238511
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Aug 19 1994 12:00AM