The Rationale for Motions in the Design of Adjudication

Forthcoming, American Law and Economics Review

Harvard John M. Olin Center for Law, Economics and Business, Discussion Paper No. 955, May 2018

Harvard Public Law Working Paper No. 18-31

49 Pages Posted: 12 Jun 2018 Last revised: 7 Nov 2018

See all articles by Steven Shavell

Steven Shavell

Harvard Law School; National Bureau of Economic Research (NBER)

Multiple version iconThere are 2 versions of this paper

Date Written: May 24, 2018

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 should be 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.

Keywords: Civil Procedure, Motions, Economic Analysis

JEL Classification: D02, D8, K15, K40, K41

Suggested Citation

Shavell, Steven, The Rationale for Motions in the Design of Adjudication (May 24, 2018). Harvard John M. Olin Center for Law, Economics and Business, Discussion Paper No. 955, May 2018; Harvard Public Law Working Paper No. 18-31. Available at SSRN: https://ssrn.com/abstract=3184522 or http://dx.doi.org/10.2139/ssrn.3184522

Steven Shavell (Contact Author)

Harvard Law School ( email )

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