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Why do relatively few filed civil cases in the United States reach a jury trial?
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Procedural law
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
In the United States, fewer than 5 percent of filed civil cases reach a jury trial. This low frequency is primarily due to the fact that the vast majority of civil actions are resolved during the pretrial stage rather than through a full trial.12
Several factors contribute to this trend:
- Pretrial Adjudication: Many cases are terminated before trial through pretrial motions, such as motions to dismiss or motions for summary judgment, where a judge determines that a case can be resolved on legal grounds or because one side lacks sufficient evidence.13
- Discovery: The U.S. discovery process allows parties to compel the disclosure of evidence and information in advance of trial. This transparency helps parties recognize the true value of their claims, often encouraging settlement by exposing insubstantial claims early and reducing the element of surprise.45
- Settlement and Compromise: Because litigation is expensive and court outcomes can be unpredictable, many parties choose to reach a compromise. Courts, facing significant caseload pressures, actively encourage these settlements.2
- Uncontested Matters: Many cases brought to court are not truly contested, such as routine debt-collection or certain family law matters, where the court’s role is administrative rather than adjudicatory.2