Civil Procedure

Civil cases often are expensive and time-consuming. In August 1990, the U.S. Congress passed the Civil Justice Reform Act to help remedy these problems (28 U.S.C.A. §§ 471–482). The U.S. Senate explained that the Civil Justice Reform Act was "to promote for all citizens, rich or poor, individual or corporation, plaintiff or defendant, the just, speedy and inexpensive resolution of civil disputes in our Nation's federal courts" (S. Rep. No. 101-416, 101 Cong., 2d Sess., at 1 [Aug. 3, 1990]). The act ordered each U.S. district court to implement a Civil Justice Expense and Delay Reduction Plan under the direction of an advisory group comprising "those who must live with the civil justice system on a regular basis" (S. Rep. No. 101-416, at 414 [quoting statement of SENATE JUDICIARY COMMITTEE chairman Biden, Cong. Rec. S416 (Jan. 25, 1990)]).

The advisory groups in each federal district were appointed by the chief judge of the federal circuit, and they generally consisted of judges, clerks, and law professors. These experts prepared a report on methods for reducing expense and delay in civil litigation. The report was then considered by the federal circuit court judges in forming the Civil Justice Expense and Delay Reduction Plan.

One major challenge that faced the advisory groups was how to get courts to best use modern technology. Since passage of the act, many federal circuits have authorized the filing of court documents by facsimile and other electronic means, which may include the use of computers.

Federal courts have also acted to improve scheduling. The U.S. District Court for the District of New Hampshire, for example, created four separate categories for scheduling civil cases: administrative, expedited ("rocket docket"), standard, and complex. The determination of a case's category is made at the preliminary pretrial conference. Most cases fall into the standard category, which means a trial will be held within one year of the preliminary pretrial conference. A rocket docket case can be tried within six months of the preliminary pretrial conference, if the parties agree and the trial will last no more than five days. Administrative and complex cases are scheduled with special attention. By identifying the length and complexity of a case at the preliminary pretrial conference, federal circuit courts are able to minimize unnecessary delays.

In all jurisdictions, preliminary pretrial conferences have become important in civil litigation. The court, after consulting the parties, schedules and holds this conference within a certain amount of time after the filing of the complaint. At this conference, the court attempts to resolve all the issues that can be resolved outside of trial. These issues include the control and scheduling of discovery, the admissibility of evidence, the possibility of separate trials, and orders limiting the length of the trial presentation. To reach, or decide, substantive issues more quickly, many federal courts ask litigants to file any motions for summary judgment or motions to dismiss before the preliminary pretrial conference. Pre-trial conferences also offer the opportunity to discuss settling the case, allowing both parties to save the costs of going to trial and litigating the issue. Saving costs by settling disputes without resorting to formal litigation is the primary objective of ALTERNATIVE DISPUTE RESOLUTION.