The Needless Complexity of Our Courts | Governing

Most people with a case in court can’t understand what goes on in a lawsuit and are increasingly unwilling to accept what comes out of it. For reasons unknown to them, the case goes round and round for years without reaching its merits, and then the parties are forced to settle because their money and willpower were drained during the preliminary skirmishes. Ninety-nine percent of cases never get a trial.

This usually happens because, more than ever, courts focus mostly on matters of form over substance. They dwell more on how a claim was asserted rather than what the claim asserts. On empty battles over what evidence will be shared among the parties. On generating mountains of needless exhibits and testimony. Cases yield indecipherable, highly technical rulings by judges. Parties don’t see justice done, and faith in our system is undermined.

To regain their credibility, courts should eliminate the needless complexity that keeps most cases from being heard on their…Read More

Posted in

Leave a Comment