Civil Case Backlogs in Federal District Courts: Hearings Before the Subcommittee on Courts of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, First and Second Sessions on the Problem of Civil Case Backlogs in the Federal Judicial System in District and Appellate Courts, November 8, 1983, and February 1, 1984U.S. Government Printing Office, 1984 - 255 pages |
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action additional adjudication Administrative Office alternate dispute resolution appeal arbitration program Article III judges attorney authorized caseload Chairman circuit civil case backlog Civil Justice CIVIL PROCEDURE CONGRESS THE LIBRARY consent COSCA costs counsel court administrators court system court-annexed arbitration criminal delay Denis Moran discovery disposition district judges diversity jurisdiction effective ending June 30 enter federal courts Federal district courts Federal Judicial Center Federal Magistrates System Federal Rules filed HENSLER increase information exchange involving issue judgeships judgment Judicial Conference judiciary JUNE 30 jurisdiction jury trial lawyers LIBRARY OF CONGRESS litigation magis magistrate positions matters mini-trial motion neutral advisor Pacemaker court panel parties patent PENDING pleading pretrial conferences problem questions recommendations reduce request resolve Rule 11 RULES OF CIVIL sanctions Senator HEFLIN settlement standards statement Subcommittee Supreme Court terminated tion trate trial courts trial de novo U.S. DISTRICT COURTS United States Magistrates
Popular passages
Page 27 - ... to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Page 56 - ... not merely to penalize those whose conduct may be deemed to warrant such a sanction, but to deter those who might be tempted to such conduct in the absence of such a deterrent.
Page 42 - Report to the President and the Attorney General of the National Commission for the Review of Antitrust Laws and Procedures "=— focused on the market power of agricultural cooperatives in its discussion of the monopoly potential under existing law.
Page 138 - Notwithstanding any provision of law to the contrary — (A) a judge may designate a magistrate to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and...
Page 29 - ... obtainable from some other source that is more convenient, less burdensome, or less expensive...
Page 47 - ... as possible to be certain that the litigants make substantial progress with the case and avoid the inefficiency of having that preparation repeated when there is a delay between the last pretrial conference and trial. An optimum time of 10 days to two weeks has been suggested by one federal judge. Rubin, The Managed Calendar: Some Pragmatic Suggestions About Achieving the Just, Speedy and Inexpensive Determination of Civil Cases in Federal Courts, 4 Just.
Page 34 - Greater attention by the district courts to pleading and motion abuses and the imposition of sanctions when appropriate, should discourage dilatory or abusive tactics and help to streamline the litigation process by lessening frivolous claims or defenses.
Page 43 - Given the significant changes in federal civil litigation since 1938 that are not reflected in Rule 16, it has been extensively rewritten and expanded to meet the challenges of modern litigation. Empirical studies reveal that when a trial judge intervenes personally at an early stage to assume judicial control over a case and to schedule dates for completion by the parties of the principal pretrial steps, the case is disposed of by settlement or trial more efficiently and with less cost and delay...
Page 140 - Rights and the Subcommittee on Improvements in Judicial Machinery of the Senate Committee on the Judiciary, 88th Cong., 2d Sess., 46 (1964). 11 E. g., the "Tombs" riots in New York City in 1970.
Page 172 - At the trial de_ novo, the court shall not admit evidence that there had been an arbitration proceeding, the nature or amount of the award, or any other matter concerning the conduct of the arbitration proceeding, except that testimony given at an arbitration hearing may be used for impeachment at a trial de novo.