NCJ Number
130259
Journal
FJC Directions Issue: 1 Dated: (April 1991) Pages: 11-19
Date Published
1991
Length
9 pages
Annotation
Data from six Federal district courts during 1975, 1986, 1988, and 1989 formed the basis of an analysis of trends in the filings and dispositions of summary judgment motions following three United States Supreme Court decisions in 1986.
Abstract
Commentators expected these decisions to produce increases in the filing and disposition rates. The research used data from the Districts of Maryland, Eastern Pennsylvania, Southern New York Eastern Louisiana, Central California, and Northern Illinois. Three of the districts already had extensive data on summary judgment activity, while the other three had a past reputation for restrictive applications of summary judgment. The data came from docket sheets of random samples of cases terminated during the four time periods. Contrary to expectations, the data showed that the rate at which summary judgment motions were filed as a percentage of civil cases increased during the 11-year period preceding the 1986 decisions, particularly in torts and civil rights cases. However, no statistically significant increase was found after the trilogy. Findings also showed that the rate at which summary judgments are granted has not increased significantly since the decisions, and that the rate at which summary judgments are reversed corresponds to the rate of reversal for other civil appeals. Figures and 11 reference notes