Most lawsuits are never tried. In fact, more than 90 per cent of the cases filed in the United States federal district courts are resolved by motion or settlement. In its 2001 Annual Report of the Director, the Administrative Office of the United States Courts reported that of the 247,592 cases that were terminated during the 12‐month period ending September 30, 2001, only 5,401 cases, or 2.2 per cent, actually reached trial. Nearly 90 per cent of the cases were terminated either without court action or before pre‐trial. The other 7.8 per cent were terminated during or after the pre‐trial.
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