NCJ Number
56015
Journal
Justice System Journal Volume: 4 Issue: 2 Dated: (WINTER 1978) Pages: 147-165
Date Published
1978
Length
19 pages
Annotation
POINTS OF CONTROVERSY REGARDING JUDICIAL SUPERVISION OF CIVIL DOCKETS IN THE FEDERAL COURTS ARE DISCUSSED.
Abstract
THE DISCUSSION DRAWS ON DATA FROM THE REGULAR REPORTS OF THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS AND FROM THE DISTRICT COURT STUDIES PROJECT, WHICH THE AUTHOR DIRECTED. THE DEVELOPMENT OF THE CONCEPT OF JUDICIAL CASE MANAGEMENT IS TRACED. PRINCIPLES OF JUDICIAL ADMINISTRTION ON WHICH MOST FEDERAL TRIAL JUDGES AGREE ARE ENUMERATED. EMPIRICAL DATA ARE PRESENTED RELATIVE TO THE FOLLOWING POINTS OF DISAGREEMENT: (1) HOW QUICKLY CIVIL CASES SHOULD PROCEED THROUGH THE COURTS; (2) WHICH PRETRIAL DEVICES ARE THE JUDGE'S MOST EFFECTIVE CASE MANAGEMENT TOOLS; (3) THE APPROPRIATE JUDICIAL ROLE IN SETTLEMENT NEGOTIATIONS; AND (4) THE RELATIONSHIP BETWEEN JUDICIAL CONTROLS AND THE COST OF LITIGATION. CASEFLOW DATA FROM SIX FEDERAL DISTRICT COURTS EMPLOYING DIFFERENT DEGREES OF JUDICIAL CONTROL INDICATE THAT STRINGENT CONTROLS ON DISCOVERY, THE MOST TIME-CONSUMING ELEMENT IN CIVIL LITIGATION, GENERALLY DO NOT LIMIT THE COMPLETENESS OF DISCOVERY AND THAT CONTROLS IN MOST JURISDICTIONS COULD STAND TO BE CONSIDERABLY TIGHTER. FINDINGS ON PRETRIAL REQUIREMENTS IMPOSED BY JUDGES ON LITIGANTS INDICATE THAT RIGID AND EXACTING REQUIREMENTS SHOULD BE USED ONLY IN EXCEPTIONAL CASES, WHEN THEY ARE LIKELY TO ACHIEVE A SPECIFIC AND NECESSARY PURPOSE. IT ALSO APPEARS THAT, ALTHOUGH ROUTINE INVOLVEMENT IN SETTLEMENT NEGOTIATIONS IS VERY SEDUCTIVE FOR MANY JUDGES, IT IS DIFFICULT TO JUSTIFY SUCH INVOLVEMENT. THE DISTRICT COURT STUDY FOUND THAT FEWER CASES REACHED SETTLEMENT IN COURTS IN WHICH JUDGES WERE HEAVILY INVOLVED IN SETTLEMENT NEGOTIATIONS. HOWEVER, JUDICIAL INTERVENTION IN NEGOTIATIONS ON A SELECTIVE BASIS MAY BE BENEFICIAL. THERE ARE FEW DATA RELATING LITIGATION COST TO JUDICIAL CONTROLS, BUT IT APPEARS THAT JUDICIAL EFFORTS TO CONTROL THE SCOPE OF CASES REPRESENT THE LAST AND BEST HOPE TO CONTROL THE COST OF CIVIL LITIGATION. THE BEST COMBINATION OF DEVICES MAY BE ROUTINE JUDICIAL INITIATIVES TO CONTROL THE TIME OF DISCOVERY PREPARATION, PLUS SELECTIVE INTERVENTION TO DEFINE AND REDIRECT THE PROGRESS OF CASES THAT ARE GETTING OUT OF CONTROL. SUPPORTING DATA ARE INCLUDED. (LKM)