This is such a horrific, mind-numbing, waste of time and resources.
Unfortunately, this is what American civil law has degenerated into - a brutal slugging match in which the weapons of choice are piles of paper, endlessly repetitive requests and only one clear goal - outlast the other guy before he can bury you in a mound of paper. It has little to do with what is right or fair, and almost nothing to do with justice. I have had the great misfortune to see this process in action, up close and personal. Someday the nightmares may fade away to a tolerable level
LTM, who knows when he "can't handle the truth,"
Monty Fowler, TIGHAR No. 2189 CER
You are partly right, Monty.
As to the first of your points, in terms of burden, you are wrong - it has been that way ever snce our nation established the justice system we know under the Constitution: a citizen has the right to his day in court, and has always had the right to privvy and savvy counsel (which is also a way of acknowledging one who knows his way around an outhouse). That has always provided the open door to go hammer and tong against any neighbor, subject to end-verdict by the court - whether a bench matter of law, or opinion and judgment of facts by that both lofty and low thing known as a jury - whether 'of peers' or not I'll leave to others.
As to the lofty and oft low jury -
It is what it is, a citizen's fate - life, limb or fortune, in the hands of a most unpredictable beast, often full of not-so evident biases and handicaps when it comes to objectivity or critical review of the presentation. Oh so malleable, the human race - and oh so made up of foible humans is our free society...
As to the paper -
To your point, true - we have gained the depths of being able to 'paper' a less financially able adversary 'to death' - all it takes is willing payment of fees and generation of seemingly endless inquiry and imposition of laborious discovery, all backed by firms with eager and hungry young eagles who wish to consume the flesh of those put before them by their betters. But rejoice - as horrendous as it all can be, it has replaced the grand-standing oratories of the past which so often led to 'gentilmanly affront and response', i.e. fisticuffs to duels, honor being honored and all that. I'll take the chance of fighting paper over a random pistol ball to the thigh as judgment, so many having bled out on the 'field of honor' - perhaps very much in the 'right' - but finally 'dead right'.
As to the system itself -
Imperfect, made of man - and by far the envy of the world. Few nations approach our use of open court and trial by jury, sans rex. It is not totally pure - it certainly is not free, and it does not make one immune to hap-hazard attack - but it beats giving a king the power to hang a subject out of annoyance with the whole matter, and perhaps giving over a 'win' to a favored lord, etc.
So I may be bewildered, but hardly stand mind-blown; despite the hazards and distractions - even expenses (and of course it is not my ass on the line in this one), I rejoice at the liberty despite the dangers.
Just sayin...
Now, back to sleep with me... zzzzzzzz...........