Ruling on Motions

Several conference participants noted the consequences of deferring rulings on pretrial motions until a trial is imminent. Not only does the court conserve its own resources, but it also facilitates set­tlement by maintaining an air of uncertainty about the outcome of the case and by including a maximum number of parties in the case. Any unfairness to a party might be remedied by imposition of sanctions after a favorable ruling is made on the motion (see “Standardized Sanctions: Rule 11” supra).¹⁰²

1. This approach would not apply, of course, to standardized motions and rulings, discussed earlier (see notes 80-84 and accompanying text) and below (see note 113 and accompanying text).