NCJ Number
80909
Date Published
1979
Length
41 pages
Annotation
This document summarizes Wisconsin's current time requirements for processing most civil cases from the time of filing to trial and discusses the findings of a State advisory committee on case processing limits, as well as other literature on trial court management.
Abstract
Judicial rules and Wisconsin statutes do not mandate the speedy trial and disposal of civil cases, and time limits exist only for specialized cases which represent a small portion of the civil caseload. This report first describes new rules of civil practice and procedure implemented by the Wisconsin Supreme Court in July 1978, which provide the only general mandate regarding the establishment of a trial date for civil cases. These rules state that all cases pending for 1 year will be deemed ready for trial and that within 14 months of filing, the court shall establish dates for the pretrial conference and trial. Other devices in these rules which permit the trial court to become involved early in a civil proceeding are identified, such as the authority of judges to serve a scheduling order. A summary of time constraints for the completion of various pretrial activities which are applicable to most civil cases covers commencement of a civil action, responsive pleadings and motions, and pretrial discovery. The findings of the Advisory Committee to the Judicial Planning Committee submitted in 1978 emphasized that Wisconsin's system of statutory time constraints was so voluminous and complex that compliance by local courts was unlikely and possibly undesirable. The report also concluded that these statutes were not directed toward rapid processing of cases and that statutes available to judges for violations of time prescriptions were of limited utility. A review of national literature on trial court management examines reasons for lack of attention given to civil case processing time requirements and provides examples of effective civil case management. Various recommendations to improve civil court case management are detailed. The appendixes contain a comprehensive description of Wisconsin's statutory civil case processing time requirements that was prepared by an independent contractor and their recommendations regarding reform. Footnotes are included.