Reducing Undesirable Cases
Reducing Undesirable Cases
This chapter marks the first of four reform chapters, taking up the issue of undesirable cases, which are those that should never be brought in the first place. The chapter accordingly proposes a number of filters to prevent or discourage undesirable cases from entering the civil litigation system altogether, again in the interest of lowering litigation costs. These reforms include tightening rules and procedures aiming at frivolous cases and increasing the potential use of sanctions, as well as mechanisms to provide advice to self-represented (pro se) individuals.
Keywords: litigation costs, frivolous cases, pro se, sanctions
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