Existe, tambem, o minitrial
, que igualmente e um processo simulado, com a particularidade de que o juri e composto por um arbitro e por altos dirigentes das partes envolvidas.
(209) "Following Dura, pleading loss causation often has evolved into 'minitrials
' at very early stages in the proceedings, and plaintiffs are expected to present expert testimony that specifically links the alleged fraud to the financial losses." (210)
Section 652(a) issues a broad mandate for each district court to set up its own program, with permanent court administrative personnel, for use of ADR in all civil actions, including bankruptcy adversary proceedings, and to encourage ADR use by, inter alia, requiring litigants in all civil cases to "consider the use of ADR at an appropriate stage of the litigation." All district courts must now provide litigants in all civil cases with at least one ADR process "including, but not limited to, mediation, early neutral evaluation, minitrial
, and arbitration." Any court may now decide to require the use, in certain cases, of mediation or early neutral evaluation.
A Newton Hearing - a form of minitrial
where a judge establishes disputed facts of a case - was held over two days.
1978) (commenting that requiring the trial court to "search beyond his memory to reconstruct a record" would result in a "minitrial
conducted solely to determine what transpired at the original proceeding"); see also Wright v.
Even if all the evidence had been gathered, courts cannot review all of a case's evidence (essentially holding a minitrial
) just to resolve a discovery dispute.
* The privilege may chill the initiation of consumer protection cases because prosecuting a company that has conducted an audit may require a separate minitrial
on the issue of which parts of an audit are privileged, increasing significantly the expense of these prosecutions.
Superior Court(20) the California Supreme Court in 1988 rejected Kearl's "minitrial
" approach as one that would engender inconsistent verdicts, escalating litigation costs and disincentives to companies pondering new and efficacious products.
In its answer to the new trial motion, Rockwell says, among other things, that the industrial espionage charge would have resulted in a distracting "minitrial
This will amount to a minitrial
with preliminary admissibility determined by the trial judge under Fla.
Neither our modest nor our ambitious proposal requires a minitrial
on the merits or full-blown factual and expert discovery.
convictions in minitrials
conducted long after the fact." (93) Such