Unnecessary Delay. The Enemy of Justice. THE BOTTOM LINE. The COURT, not the lawyers or the litigants, should control the pace of litigation. The ABA on Delay Reduction.
The Enemy of Justice
The COURT, not the lawyers or the litigants,
should control the pace of litigation.
“From the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery, and court events is unacceptable and should be eliminated.” ABA Standard 2.50
This is a key element
A judge (often the President Judge) sets the tone. Judges must:
MANAGE TIME BETWEEN EVENTS
CREATE PREDICTABLE SYSTEM THAT
Which in turn …
The backlog is the number of cases in the inventory that are older than the time standard set by the court
First Trial date
Third Trial Date
Second Trial date
Whether it is Caseflow or any other management issue…
You can’t manage what you can’t measure
Effective management information can have a profound positive impact on managing change
The process of developing and following, for each case, a schedule of events that achieves its earliest disposition consistent with fairness and due process.
5. Case Management
6. Case Monitoring
7. Coordination with Other Agencies
FOR STATE COURTS