The Summary Jury Trial
![handle is hein.journals/clevslr29 and id is 55 raw text is: THE SUMMARY JURY TRIAL
THOMAS D. LAMBROS*
THOMAS H. SHUNK**
I. INTRODUCTION
T HE SUMMARY JURY TRIAL IS A HALF-DAY PROCEEDING in which attor-
neys for opposing parties are each given one hour to summarize
their cases before a six-member jury. Basically, introduction of evidence
is limited, and witnesses are excluded from the proceeding. After the
evidence has been presented and the judge provides a short explanation
of the law, the jury retires and either presents a consensus verdict or, if
no consensus can be reached, reveals anonymous individual juror views.
The jury's verdict is purely advisory, unless the parties agree to be
bound by the verdict. The main purpose of the procedure is to provide
parties with an insight into the way a trial jury would view the case
without the expenditure of time and money required for a full trial.
The American judicial system must necessarily rely on a steady flow
of dispositions of cases by settlement lest it collapse because of a de-
mand for trials beyond the ability of the courts to try cases. Settlements
are achieved through a variety of procedures and techniques, yet many
cases result in trials because of the uncertainty about prospective juror
perceptions that pervades settlement discussions. Summary trial helps
to eliminate this element of uncertainty and, at the same time, provides
an additional basis for settlement of cases otherwise committed to trial.
This is not to suggest that trial is to be avoided at all costs, but trial
should result only in those cases incapable of alternative solutions. The
summary jury trial provides one viable alternative.'
II. THE PROBLEM
In the Northern District of Ohio, federal judges are faced with a
steadily increasing workload that is the natural result of an increasing
number of actions filed each year.2 The experience in other districts is,
*Federal District Judge for the Northern District of Ohio, Eastern Division;
J.D., Cleveland-Marshall Law School.
**Associate, Guren, Merritt, Sogg & Cohen, Cleveland, Ohio. B.A., Yale Univ.;
J.D., Columbia School of Law.
' The first summary jury trial was held on March 5, 1980 in the courtroom of
Federal District Judge Thomas D. Lambros, who originated the procedure.
' In the Northern District of Ohio there were 1,973 civil cases pending as of
January 1, 1975; on January 1, 1980, there were 3,218 civil cases pending. Per-
sonal injury cases increased from 329 to 439 during that period. [Statistics pre-
pared by the Clerk's Office in Cleveland, Ohio, for the Northern District of Ohio,
Eastern Division, at the request of the writers]. Civil filings per judgeship in-](ViewImageLocal?handle=hein.journals/clevslr29&div=12&collection=journals&method=preview&ext=.png&size=3)
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The Summary Jury Trial
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