Judicial Management of the Pretrial Process in Massive Litigation: Special Masters as Case Managers |
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| Authors: | Geoffrey C. Hazard Jr. Paul R. Rice |
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| Affiliation: | Geoffrey C. Hazard;, Jr., is Nathan Baker Professor of Law, Yale Law School, and Professor of Law and Management and Deputy Dean of the Yale School of Organization and Management. B.A., 1953, Swarthmore College;LL.B., 1954, Columbia University. Paul R. Rice;is Professor of Law, Washington College of Law, American University. B.B.A., 1965, Marshall University;J.D., 1968, West Virginia University College of Law;LL.M., 1972, Yale Law School. |
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| Abstract: | This article reports on the experience of Special Masters appointed to regulate pretrial phases of a large civil antitrust suit. It describes techniques for expediting discovery, determining claims of privilege in production of documents, establishing stipulations of undisputed facts, and controlling and resolving disputes arising in discovery. It suggests a "managerial" approach to pretrial that is flexible and experimental and that may be useful in controlling the pretrial phase of other "big" cases. |
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