The Rationale for Motions in the Design of Adjudication

Steven Shavell ()

No 24703, NBER Working Papers from National Bureau of Economic Research, Inc

Abstract: The conduct of adjudication is often influenced by motions––requests made by litigants to modify the course of adjudication. The question studied in this article is why adjudication is designed so as to permit the use of motions. The answer developed is that litigants will naturally know a great deal about their specific matter, whereas a court will ordinarily know little except to the degree that the court has already invested effort to appreciate it. By giving litigants the right to bring motions, the judicial system leads litigants to efficiently provide information to courts that is relevant to the adjudicative process.

JEL-codes: D02 D8 K15 K40 K41 (search for similar items in EconPapers)
Date: 2018-06
New Economics Papers: this item is included in nep-law and nep-mic
Note: LE
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