Evidence Production, Adversarial Process, and the Private Instigation of Suits

Chris William Sanchirico
A companion paper, Sanchirico (1997) introduces the concept of "endogenous cost evidence" in a model of single-agent, mandatory hearings. The current paper extends Sanchirico (1997) by adding multiple parties and allowing for the possibility that agents may choose both whether to attend the hearing and whether to compel others to attend. The paper's main contribution is its identification of a fundamental trade-off in civil law design. Essentially, there are two ways to create incentives via...
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