Abstract
On September 1, 1980, a new pretrial procedure rule became effective in Maine. The rule was heralded as "the most significant modification of the Maine Rules of Civil Procedure in recent years." The rule was intended to remedy major defects in existing pretrial procedure and to benefit judges and attorneys through more explicit directions for pretrial procedure. Ultimately, the goal of this reform is to achieve a "just result of litigation.” This Comment begins with an overview and evaluation of quantitative studies of the pretrial conference in various judicial systems. The Comment then analyzes the new Maine rule and its impact on the state's judicial system. Under this analysis, the new Maine rule emerges as a significant innovation. The sum of its parts, rather than individual components, is a new concept in pretrial procedure emphasizing disposition rather than preparation. Considering crowded trial dockets and the increasing demand on finite judicial resources, however, this concept is a natural and necessary evolution rather than a startling revolution. Yet the emphasis on disposition may be too strong. Properly applied, the settlement and sanction provisions of the new rule will streamline the litigation process. If improperly applied, however, these provisions could replace the litigation process. The pretrial conference must be an efficient means to a just result of litigation; the conference must not be an end in itself.
First Page
111
Recommended Citation
Robert J. Plourde,
Pretrial in Maine Under New Rule 16: Settlement, Sanctions, and Sayonara,
34
Me. L. Rev.
111
(1982).
Available at:
https://digitalcommons.mainelaw.maine.edu/mlr/vol34/iss1/6
