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The Rationale for Motions in the Design of Adjudication

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  • Steven Shavell

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.

Suggested Citation

  • Steven Shavell, 2018. "The Rationale for Motions in the Design of Adjudication," NBER Working Papers 24703, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:24703
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    More about this item

    JEL classification:

    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • D8 - Microeconomics - - Information, Knowledge, and Uncertainty
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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