NCJ Number
73548
Journal
State Court Journal Volume: 4 Issue: 4 Dated: (Fall 1980) Pages: 9-11,14-15,28-36
Date Published
1980
Length
14 pages
Annotation
Significant problems regarding caseload management in civil proceedings are discussed; three recommendations focusing on reduction of volume and delay are described.
Abstract
Although considerable attention has been devoted in the past decade to congestion and delay in the criminal courts, similar problems exist in civil proceedings as well. The volume of civil cases is growing, partly because there has been considerable emphasis in recent years on protection of the rights of citizens. Due process requirements have led to new kinds of proceedings mandated by appellate courts and legislatures. Continued growth of the civil caseloads of State trial courts in the 1980's is projected. Nevertheless, a recent study conducted by the National Center for State Courts concluded that trial court delay is not inevitable. In addition, the pace of litigation is not significantly affected by court size, structure, procedures, caseload, or backlog. It is affected more by the established expectations, practices, and informal rules of behavior of judges and attorneys. Finally, the study concludes that the local legal culture can be changed to improve the pace of litigation. Trial courts, facing a new decade of inflation and shrinking public resources, can no longer respond to problems of civil volume and delay simply by adding staff or by resorting to new technology. It is recommended that statutes and court rules be rewritten to insulate them from the effects of inflation or deflation. Second, court administrative resources should be intensively applied to civil cases at or near filing to bring about settlement or diversion. Third, frivolous litigation and undue delay should be discouraged by the firm enforcement of economic sanctions. Footnote references are provided in the article. (Author abstract modified).