In a report called “The Vanishing Trial,” The American Bar Association struck a nerve when it asked if cases that went before a judge or jury were on the endangered list.

The 2004 report revealed that the federal courts tried fewer cases in 2002 than in 1962, despite a fivefold increase in the number of civil filings and more than doubling of criminal filings during the same periods. Although the report acknowledged that similar data on the state level were not as well documented, the available statistics also indicated that trials were indeed diminishing.

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