Let's Try a Pro Se and Small-Stakes Civil Calendar in the Federal Courts

• NCJ Number: 164106
• Journal: FJC (Federal Judicial Center) Directions Issue: 9 Dated: (June 1996) Pages: 14-17
• Author(s): W W Schwarzer
• Date Published: 1996
• Length: 4 pages
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

With filings by self-represented parties (pro se) approaching 50 percent of all civil filings in some districts, there is an urgent need to lighten the burdens pro se cases impose on the courts; one solution may be for Federal district courts to establish an expedited calendar to further the fair and efficient disposition of some portion of their pro se and small- stakes civil litigation.

Abstract

A court would establish an expedited calendar by local rule or general order; no further authority would be required. The local rule or order would provide that any civil case may be transferred to the calendar with the written consent of all parties. The amount a plaintiff could recover and a defendant could lose would be capped to induce consent. All civil cases would continue to be assigned to individual judges, with the assignment remaining in effect until termination. Once the consent has been filed, all pretrial proceedings would end, except as otherwise agreed by the parties. Because an objective of the calendar is early disposition of cases with minimum cost, it should be managed to ensure that cases will come to trial within 30 days of the filing of consent. The expedited-calendar judge should grant requests for continuances only if necessary to prevent injustice. Since the calendar would be open to all consenting cases, parties could appear through counsel even if their opponents are unrepresented. Although termination of cases would be expedited and costs reduced if consent also waived appeal rights, waiver of appeal should probably not at first be required, since this could be a substantial deterrent to consents. Some issues addressed in this article in relation to such a court calendar are litigant consent, relationship to alternative dispute resolution programs, pro bono legal assistance, the judge's role, incentives for litigants, and incentives for the court.