The trial pool is selected from the discovery pool after case-specific discovery, typically through party strikes, court selection, or a combination. Cases in the trial pool are prepared for trial in a set order.
Pool cases may resolve before reaching trial.
Alternative Names:
Bellwether Trial Pool, Trial Selection Pool
Why it Matters?
Settlement of individual pool cases before trial is the recurring problem, since a party facing an unfavorable bellwether can resolve it and avoid the adverse verdict signal. Case management orders addressing this frequently require court approval to settle a trial pool case or provide that a settled case is replaced from the pool. Without such a provision, the bellwether process can be manipulated by settling every case likely to produce a bad result.
Frequently Confused with
Related terms
Frequently asked questions
Can parties settle trial pool cases?
How is the trial pool narrowed?
