NCJ Number
79238
Journal
Criminal Justice Journal - Western State University, San Diego Volume: 3 Issue: 2 Dated: (Spring 1980) Pages: 291-302
Date Published
1980
Length
12 pages
Annotation
This paper offers an overview of the problem of trial delays, a method of remedying the problem in civil courts, and a method of enforcing the remedy.
Abstract
Delay causes hardship and brings the courts into disrepute. It results in the deterioration of evidence through loss of witnesses, fading memories, and death. Excessive delay may result in the denial of reparations and may even force parties into unjust settlements. Generally, recommended solutions have fallen into three broad categories using (1) procedural remedies, such as split trials; (2) modern management science techniques, such as the optimum sequencing theory; and (3) computer-based information systems. The most viable solution to court delay would be a combination of the conference and assignment system (procedural remedies) and critical path analysis (management science technique). In this model, a specially trained judicial administrator would have overall responsibility for the supervision of civil litigation within any court system. Using critical path analysis, the adminstrator would assign cases to specific conference and assignment teams based on their particular expertise in the various stages and types of litigation. Through this method, civil litigants might expect their cases to reach conclusion within a reasonable time. In civil actions where money damages are sought, substantial monetary incentives could be used to ensure that all parties to an action enter with good faith into pretrial conference settlement negotiations. Footnotes are included.