Vanderbilt Law Review

First Page



In view of all that has been written and said for pre-trial conference,' it seems rather superfluous, if not presumptuous, to undertake to add to or enlarge upon the subject. Indeed, it might be efficacious to heed Judge Clark's suggestion that the procedural cause would be better served "if something could be done to stop us judges ... from publishing what we say" about the Rules. But even at the risk of overstating the case, those who have enlisted for the duration' never forego an opportunity to strike a blow on the side of simplified procedure. Pre-trial practice has been acclaimed "one of the greatest contributions to the ministry of justice," and it has been condemned as a "curse," a "joke," a "waste of time and money," and a "means of sand-bagging litigants into a settlement." The wide divergence of views on this important subject deserves some analysis.