T. Robert Cook


The summary jury trial has proven to be an effective tool in the fight against the explosion of litigation in federal courts.2 In the thirteen years since its inception,3 many issues involving the summary jury trial have been disputed. Day v. NLO, Inc.4 provides an excellent example of this area of law as it raises three such issues in dispute. The case law is divided over: 1) whether the federal courts have power to compel parties to participate in summary jury trial proceedings; 2) whether the courts have the power to compel certain representatives to attend such proceedings; and 3) whether the courts have power to either close or open such proceedings to the public.'



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