Court Efforts To Reduce Pretrial Delay - A National Inventory

• NCJ Number: 80393
• Author(s): P A Ebener
• Date Published: 1981
• Length: 137 pages
• Sponsoring Agency: Rand Corporation
• Sale Source: Rand Corporation; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Rand Publication Series.

Annotation

Telephone surveys of 50 State court administrators and 40 administrators of courts in major cities were used to collect data on types of tactics used to reduce pretrial delay, the number of specific types of procedures in use, and the distribution of procedures across courts.

Abstract

Pretrial delay-reducing tactics fell into two major groups: management efforts to streamline or improve management of cases progressing through the system and diversion efforts to reduce the number of cases progressing toward trial. About 25 management procedures were identified, but all of these were directed toward three strategies: efficient management of court resources, expeditious pretrial processing using simplified and streamlined procedures, or establishment of firm trial dates. One or more of these strategies were adopted by 47 States, with court resources management being the most popular strategy. Some of the specific procedures to stretch resources were use of computerized information systems for monitoring the progress of cases, classification of cases for assignment to special expediting tracks, and establishment of goals and time guidelines. Twenty-nine States and 40 local courts adopted some kind of expediting procedure, such as using mail and telephone conferencing to expedite motions processing and limiting the number of interrogatories that a party can request, and 43 of the courts reported at least 1 special procedure aimed at limiting continuances and thus adhering to a firm trial date. Diversion strategies also fell into three categories: judicial arbitration, medical malpractice screening procedures (suggested as a model for other types of screening), and settlement programs. Judicial arbitration involves an informal hearing attended by parajudicial personnel. The hearing results in a disposition that is filed in court. The medical malpractice screening method includes a hearing before a panel of attorneys, judges, and physicians. Settlement programs are heavily used for civil cases. Settlement mechanisms include mediation, mock trials, and court-ordered conferences. The outcome is usually a negotiated settlement or decision between the parties, with input by the judicial arbitrator. The survey instruments, survey data, list of respondents, and a bibliography of 60 entries are provided.